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Bicentennial Paintings - Assignment & Bills of Sale 1976THE CITY OF DUBUQUE GILBERT D. CHAVENELLE 'ii+ CITY MANAGER CITY HALL $+ DUBUQUE. IOWA 52001 TELEPHONE 3 1 9- 5 B 9- B 4 4 1 July 23, 1976 Mr. Leo F. Frommelt City Clerk Dubuque, Iowa Dear Leo: Attached is the original assignment of the Bicentennial paintings. I thought that you should have it in your file. S incerely, 2 Gilbert D. Chavenelle City Manager GDC/t Enc. 1 yore: ir.��•11 . i .J & A ?ry-;?b� Rft 0 F 0 L L GALL. 71`Es & PN:.ys Prresent— Reed & Filed_w_ Granted i. Retuned Report Adopted Resolution Bala Resolution Adopted "your Protection Is Our Profession" livIAN INSURANCE. INC. August 3, 1976 Mr. Gilbert D. Chavenelle City Manager City Hall Dubuque, Iowa 52001 Dear Gil: 202 Fischer Building Dubuque, Iowa 5200I Phone: 556-0272 G� � n . ,: w /"} c- o s -'.., :.. j ; . The Dubuque 76 organization and Mr. Dennis Naughton have asked that I send to you the insurance policy on the seven paintings which they are apparently turning over to the City of Dubuque. In reviewing this you will note that it has been endorsed to include the City of Dubuque as a named insured. The premium for this policy has been paid up until January 26, 1977, and each of the paintings is covered in the amount of $1,000. with a $100. deductible per item. I would suggest that upon the expiration date of this policy that coverage for these items be included in the regular city insurance program. In the event that you have any questions or comments with regard to this or if I can be of any assistance to you in any manner, please do not hesitate to contact me. Sincerely yours, Richard P. Friedman dk Enclosure cc: Mr. Dennis Naughton r-� YOUR . nt p ; . AGE1V7 5[RVCS r6V GE2 FORMER POLICY NO. SCHEDULED PROPERTY FLOATER POLICY NAME AND ADDRESS OF INSURED • AGENT • Dubuque 76, Inc. 200 Main Street Dubuque, Iowa ST. PAUL FIRE AND MARINE INSURANCE COMPANY A Capitol Stock Compony St. Paul, Minnesota FRIEDMAN INSURANCE, INC.\ YOUR/ dependent rnturcnie;AGENT THE, ST. PAUL COMPANIES S 5,YO ..C.-C,.e.C..C....er.l,ne 03.1 "YOUR PROTECTION IS OUR PROFESSION' 202 FISCHER BUILDING PHONE 583-7384 DUBUQUE, IOWA 52001 ENDORSEMENT • THE ST. PAUL COMPANIES Serving you around the world... around the cloak mb-5 7-20--76 The following spaces preceded by an asterisk (*) need not be completed if this endorsement and the policy have the same inception date. ATTACHED TO AND FORMING PART OF POLICY NO. 314JB2273 'EFFECTIVE DATE OF ENDORSEMENT 7-19-76 • ISSUED TO Dubuque 76, Inc It is hereby agreed and understood that the name of the insured is changed to: Dubuque 76, Inc. and City of Dubuque Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of the above mentioned Policy, other than as above stated. Agency Name and Address Friedman Insurance, Inc. 202 Fischer Bldg. Dubuque, Iowa 52001 In Witness Whereof, the Company has caused this endorsement to be signed by a duly authorized rep- resentative of the Company. . t� h Friedman InsurAUTHORIZED in REPRESENTATIVE soui0t.nd s c • 14600-6 REV. 6-64 PRINTED IN U.S.A. 7 i . J I,J .1 * POLICY PERIOD (Mo.. DAY. YR.) SUM INSURED RATE FROM TO n 1--76-76 1 1 -96-77 * At Noon Standard Time at place of issuance as to each of said dates. 1TOTAL PREMIUM 190_00 Rpgarcil COVERING AS PER FORM ATTACHED HERETO EACH ANNIVERSARY Unless physically deleted by the Company, the following clauses shall be paramount and shall supersede and nullify any contrary provision of the Policy. This Policy does not insure against loss or damage caused by or resulting from: (1) Hostile or warlike action in time of peace or war, including action in hindering, combating or defending against an act- ual impending or expected attack, (a) by any government or sovereign power (de jure or de facto), or by any authority maintaining or using military, naval or air forces; or (b) by military, naval or air forces; or (c) by an agent of any such government, power, authority or forces; (2) Any weapon of war, employing atomic fission or radioactive force whether in time of peace or war; (3) Insurrection, rebellion, revolution, civil war,- usurped power, or action taken by governmental authority in hindering, combating or defending against such an occurrence, seizure or destruction under quarantine or Customs regulations, confiscation by order of any government or public authority, or risks of contraband or illegal transportation or trade. It is agreed that if this Policy insures against the peril of Fire, Clause A below shall apply, but if this Policy does not insure against the peril of Fire, Clause B below shall apply, as follows: A. This Company shall not•be liable for loss by nuclear reaction or nuclear radiation or radioactive contamination, all whether controlled or uncontrolled, and whether such loss be direct or indirect, proximate or remote, or be -in whole or in part caused by, contributed to, or aggravated by the peril(s) insured against in this Policy; however, subject to the foregoing and all provisions of this Policy, direct loss by fire resulting from nuclear reaction or nuclear radiation or radioactive contamination is insured against by this Policy. B. This Company shall not be liable for loss by nuclear reaction or nuclear radiation or radioactive contamination, all whether controlled or uncontrolled, and whether such loss be direct or indirect, proximate or remote, or be in whole or in part caused by, contributed to, or aggravated by the peril(s) insured against in this Policy. TIIIS POLICY IS MADE AND ACCEPTED SUBJECT TO THE FOREGOING STIPULATIONS AND CONDITIONS AND TO THE CONDITIONS PRINTED ON THE BACK HEREOF, together with such other provisions, agreements or conditions as may be endorsed hereon, or added hereto; and no officer, agent or other representative of this Company shall have power to waive or be deemed to have waived any provision or condition of this Policy unless such waiver, if any, shall be written upon or attached hereto, nor shall any privilege or permission affecting the insurance under this Policy exist or be claimed by the Insured unless so written or attached. - Provisions Required by Law to be Stated in this Policy:_"This Policy is issued under and in pursuance of the laws of the State of Minnesota, relating to Guaranty Surplus and Special Reserve Funds." Chapter 437, General Laws of 1909 In Witness Whereof, this Company has executed and attested these presents; but this Policy shall not be valid unless coun- tersigned by a duly authorized Agent of the Company. 1-26-76 COUNTERSIGNATURE DATE Secretary. Dubunue, Iowa COUNTERSIGNED AT AUTHORIZED REPRESENTATIVE " Ca n 0 tD 4770 SPP REV. 2-65 PRINTED IN U.S.A. THE ST PAUL INSUHANCe CC1,0,2ANTES S•...+p pv uo ne the ~Id... e.e..s Me dK! Commercial Property MISCLI_LANEOUS PROPERTY FLOATER FORM (All Risk Form) ATTACHED TO AND FORMING PART OF POLICY NO. 314 JB 2273 AGENT Friedman Insurance, Inc. #140718 This Policy covers the following described items which are the property of the Insured or the property of others in the custody or control of the Insured. DESCRIPTION 6 Painting of the Citizens and The Flag Series, situated at various locations in Dubuque, Iowa not to exceed $1,000.00 on any one painting. AMOUNT OF INSURANCE $6,000.00 THIS POLICY INSURES AGAINST all risks of direct physical loss or damage from any external cause except as hereinafter provided. THIS POLICY DOES NOT INSURE AGAINST: 1. Loss or damage caused by wear and tear, gradual deterioration, insect, vermin, inherent vice, atmospheric or climatic conditions; or damage sustained due to any process, or while being actually worked upon and resulting therefrom; 2. Loss or damage caused by leakage, denting, marring or scratching, unless directly caused by fire, lightning, wind- storm, cyclone, tornado, the collision, upset or overturn of the transporting conveyance; 3. Loss or damage caused by mechanical breakdown or loss resulting from electrical injury or disturbance to electrical appliances or devices (including wiring) caused by electrical currents artificially generated unless fire ensues, and if fire does ensue, this Company shall be liable only for loss caused by such ensuing fire; 4. Loss or damage except by fire while the insured property is waterborne unless otherwise endorsed hereon; 5. Loss or damage caused by theft or pilferage of the insured property while unattended in or on any automobile, motorcycle or trailer, other than a public conveyance, unless the loss is the result of forcible entry either into such vehicle while all doors and windows thereof are closed and locked or into a fully enclosed and locked luggage com- partment, of which entry there are visible marks upon the exterior of said vehicle; 6. Misappropriation, secretion, conversion, infidelity or any dishonest act on part of the Insured or other party of interest, his or their employees or agents, or others to whom the property may be entrusted (carriers for hire excepted); 7. Loss or damage caused by or resulting from: (a) War risks named in the Policy to which this form is attached; (b) Nuclear risks named in the Policy to which this form is attached. SPECIAL CONDITIONS DEDUCTIBLE CLAUSE: Each claim for loss or damage (separately occurring) shall be adjusted separately and from the amount of each such adjusted claim or the applicable limit of liability, whichever is less, the sum of $ 1110..-011 shall be deducted. This Company shall be liable in event of loss for no greater proportion thereof than the amount insured hereunder bears to the actual value of the property described herein at the time such loss shall happen. This Company shall not be liable for loss, if at the time of loss, there is any other valid and collectible insurance which would attach if this insurance had not been effected, except that this insurance shall apply only as excess and in no event as contributing insurance, and then only after all such other insurance has been exhausted. This Policy covers only within and between the states of the United States of America, the District of Columbia and Canada. All other terms and conditions of the Policy not in conflict herewith remain unchanged. 16522 ARF 1-70 12M Ed. 3.67 Printed In U.S.A. :i t 0F1r',1N; E., • . MARINE Er1C10RSF..MEriT ATTACIIF.D TO AND FOi1:11ND PAT,T OF POLICY C.O. EFFECTIVE DATE ISSUED TO OF ENDORSEMENT 1-27b7 qtr? 7 , Inc. This Policy is amer:ded as indicated below: ( LrJ Amount of insurance J Policy conditions [] Name and/or address 1?,CDO1C.'.D en T~l.It: }1 IIICREASED SY $ 100(71.00 OF:CRFASED BY NEW TOTAL AMOUNT I Items added cr._',-:;---r-(` rf�•�-�-;1 ��r• II Description of insured property PREMIUM RECAPITULATION Due at Endorsement Effective Date: Additional Premium $ Premium adjustment if the Premium is payable in annual instal merits. Return Premium $ fief^; Due Original Instal:rnents Increase Decrease Revised Int?!!rmnts $ Homeowners Annual Installment s THE CITY OF DUBUQUE c y ,{, (� ) a GILBERT D. CHAVENELLE �i CITY MANAGER i. F.. e� CITY HALL DU OUgUE, IOWA 52001 yt. Co-4NUNIN14` Mr. John Frangos Lange Insurance Co. , Inc. 705 American Trust Bldg. Dubuque, Iowa Dear John: TELEPHONE 9 1 9- 8 8 9• 6 A A 1 August 4, 1976 Here is a letter from Dick Friedman about the insurance on the Licciardi paintings. Would you be prepared to include this in our city insurance program next January. Sincerely, Gilbert D. Chavenelle City Manager GDC/t Enc. Dear Gil, Yes, the paintings can be added to our schedule. I would appreci_te the listing of paintings at your convenience or I can get the list from Dick if you prefer. r Kindest regards, IIri John Frans;os 8/9/76 ASSIGNMENT For valuable consideration received, Dubuque '76, Inc. , an Iowa Corporation, does hereby sell, transfer and assign to the City of Dubuque, Iowa, all its right, title and interest in and to the series of Bicentennial Paintings, being comprised of Paintings Nos. 1 through 7, and entitled respectively as follows: "New Beginnings", "Dubuque Gothic (Democratic Caucus)", "Citizens and the Flag (Another Opening, Another Show)", "Circumnavigators - '76", "In Search of a Song", "A Love of Land -and Community", "Homage to a Visionary". This Assignment includes but is not limited to all copyrights and reproductive rights, and all other rights. The Assignor further warrants that it has made no transfer, assignment, pledge, sale, encumbrance or other dis- position of any kind of the personal property above mentioned, which has not been previously discharged. STATE OF IOWA DUBUQUE COUNTY x . ss. x DUBUQUE '76, INC., BYE'/lGct�� AND -2-6(7L `Dennis Naughton, Prestclent' ti: ii. ter' 20'.7/ Arnold N. Honkamp, Treasurer On this �-._— day of _ , 1976, before me, the undersigned, a Notary Public in and for said Cou y an. said State, personally appeared Dennis Nau•hton and Arnold N. Honkamto me personally known, who, being by me duly sworn, did say that they ar- the President and Treasurer, respectively, of said corporation; that no seal has been procured by the said corporation; that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said Dennis Naughton and Arnold N. Honkamp, as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. <7 tary ?ublic in and for said State THE CITY OF DUBUQUE F4- ti GILBERT D. CHAVENELLE 0 CITY MANAGER t\ CITY HALL •• DUBUQUE, IOWA 52001 MtiIUNITY� TELEPHONE 319-583-6441 a August 3, 1976 , e� , / _J ) Mr. Leo F • Frommelt City Clerk Dubuque, Iowa Dear Leo: Enclosed are papers received from Dennis Naughton. I have written to Mr. Russo asking if he has any further direction in the matter. Sincerely, Gilbert-D. CTiavenelle City Manager GDC/t Enc. August 2, 1976 Mr . Gilbert D . Chavenelle Dubuque City Manager City Hall Dubuque, Iowa, 52001 Dear Mr . Chavenelle: DURUQUE '76 INC. 200 Main Dubuque I owa 52001 319 583-1776 Dennis Naughton, Chairman Patrick J. Dillon, Vice Chairman Dean Schantz, Secretary -Treasurer Dr. Robert Myers, County Chairman As I advised you a week ago, the Dubuque Bicentennial Artist in Residence, Frank Licciardi, has recently decided he would like to have the copyrights or reproduction rights on the Bicentennial painting series that he did for Dubuque '76, Inc. Kenneth Ankenbauer Paul H. Brown Phillip J. Clemons Kathleen Crowley Thomas H. Hantelmann C. Robert Justmann Norman McMullin Dawn Miller Donald C. Meyers Mrs. Wayne Norman James Norton, Jr. Merlyn C. Pierce Gary Rieniets Terry Trueblood John Wilkinson Paul Rucker, Coordinator ��coJTION For the record, please be advised that Frank gave an assign- ment of all of his rights to Dubuque '76 for painting numbers 1 through 4, copies of which are enclosed herein. However, he has refused to sign the assignment or Bill of Sale for the remaining three paintings. However, as I read the recent case law, in an employment situation such as ours, all rights in the product or art vest in the employer . Furthermore, if an artist wrongfully obtains a copyright, the cases say that he holds that copyright as trustee for the benefit of his employer. However, you might want to discuss with the City Attorney whether it would be appropriate for the City to take any action to further clarify the rights of the citizens of Dubuque and the City in these paintings. We have given you a written assignment of all rights in the paintings that Dubuque '76, Inc. might have had and we are having our insurance policy endorsed to the City and sent to you. The insurance policy will cover you through, I believe, January 27, 1977. 2/ If we can be of further assistance to you concerning the Artist in Residence program, please feel free to give me a call. In the Spirit of '76, Dennis J. $aughton, Chairma enc. DJN/ma BILL OF SALE For valuable consideration paid to me, receipt of which is hereby acknowledged, I, Frank Licciardi, of Dubuque, Iowa, do sell, transfer and assign to Dubuque '76, Inc. , an Iowa corporation, having its principal office at 200 Main St. , Dubuque, Iowa, 52001, all of my right, title and interest in and to that certain Bicentennial painting, no. 1, titled and known as New Beginnings, including but not limited to all copyrights and reproductive rights, and all other rights. I further warrant that I have made no transfer , assignment, pledge, sale, encumbrance or other disposition of any kind of the personal property above mentioned, which has not been previously discharged. DATED at Dubuque, Iowa, this Ac day of 0 Frak STATE OF IOWA DUBUQUE COUNTY , 1976. On this / day of , 1976, before me, the under- signed, a Notary Public in and for the State of Iowa, personally appeared Frank Licciardi, to me known to be the identical person named in and who executed the foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. Notary Public signed, a Notary Public in and for the Frank Licciardi, to me known to be the executed the foregoing instrument, and as his voluntary act and deed. BILL OF SALE For valuable consideration paid to me, receipt of which is hereby acknowledged, I, Frank Licciardi, of Dubuque, Iowa, do sell, transfer and assign to Dubuque ' 76 , Inc. , an Iowa corporation, having its principal office at 200 Main St. , Dubuque, Iowa, 52001, all of my right, title and interest in and to that certain Bicentennial painting, no. 2, titled and known as Dubuque Gothic (Democratic Caucus) , including but not limited to all copyrights and reproductive rights, and all other rights. I further warrant that I have made no transfer, assignment, pledge, sale, encumbrance or other disposition of any kind of the personal property above mentioned, which has not been previously discharged. DATED at Dubuque, Iowa, this C STATE OF IOWA DUBUQUE COUNTY On this % day of ad State of Iowa, personally appeared identical person named in and who acknowledged that he executed the same day of a 6 , 1976. ( IA1/4' Fra k is '61 a,t , 1976, before me, the under- 2724,0 Notary Public BILL OF SALE For valuable consideration paid to me, receipt of which is hereby acknowledged, I, Frank Licciardi, of Dubuque, Iowa, do sell, transfer and assign to Dubuque '76, Inc. , an Iowa corporation, having its principal office at 200 Main St. , Dubuque, Iowa, 52001, all of my right, title and interest in and to that certain Bicentennial painting, no. 3, titled and known as Citizens and the Flag (Another Opening, Another Show) , including but not limited to all copyrights and reproductiv rights, and all other rights. I further warrant that I have made no transfer, assignment, pledge, sale, encumbrance or other disposition of any kind of the personal property above mentioned, which has not been previously discharged. DATED at Dubuque, Iowa, t •r /�J day of Ce Z , 1976. STATE OF IOWA DUBUQUE COUNTY x ss. x On this 0;5 day of //(-(/(\i F a kciardi signed, a Notary Public in and for the Frank Licciardi, to me known to be the executed the foregoing instrument, and as his voluntary act and deed. , 1976, before me, the under- tate of Iowa, personally appeared identical person named in and who acknowledged that he executed the same 22240 & , r -ez Notary Public BILL OF SALE For valuable consideration paid to me, receipt of which is hereby acknowledged, I, Frank Licciardi, of Dubuque, Iowa, do sell, transfer and assign to Dubuque '76, Inc. , an Iowa corporation, having its principal office at 200 Main St. , Dubuque, Iowa, 52001, all of my right, title and interest in and to that certain Bicentennial painting, no. 4, titled and known as Citizens and the Flag (Circumnavigators - '76) , including but not limited to all copyrights and reproductiv rights, and all other rights. I further warrant that I have made no transfer, assignment, pledge, sale, encumbrance or other disposition of any kind of the personal property above mentioned, which has not been previously discharged. DATED at Dubuque, Iowa, this STATE OF IOWA DUBUQUE COUNTY day of 46,142, , 1976. Frank ILic On this /5� day of CJ , 1976, before me, the under- signed, a Notary Public in and for the State of Iowa, personally appeared Frank Licciardi, to me known to be the identical person named in and who executed the foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. Notary Public U . s 267 75 ASSIGNMENT C ri ...:).',TilA (6 For valuable consideration received, Dubuque '76, Inc., an Iowa Corporation, does hereby sell, transfer and assign to the City of Dubuque, Iowa, all its right, title and interest in and to the series of Bicentennial Paintings, being comprised of Paintings Nos. 1 through 7, and entitled respectively as follows: "New Beginnings", "Dubuque Gothic (Democratic Caucus)", "Citizens and the Flag (Another Opening, Another Show)", "Circumnavigators - '76", "In Search of a Song", "A Love of Land...and Community", "Homage to a Visionary". This Assignment includes but is not limited to all copyrights and reproductive rights, and all other rights. The Assignor further warrants that it has made no transfer, assignment, pledge, sale, encumbrance or other dis- position of any kind of the personal property above mentioned, which has not been previously discharged. x BY DUBUQUE '76, INC., AND De n s ghton, 'resi Arnold N. Honkamp, Tre ;purer STATE OF IOWA DUBUQUE COUNTY . ss. x On this day of _ , 1976, before me, the undersigned, a Notary Public in and for said Cou y an. said State, personally appeared Dennis Naughton and Arnold N. Honkamto me personally known, who, being by me duly sworn, did say that they ar- the President and Treasurer, respectively, of said corporation; that no seal has been procured by the said corporation; that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said Dennis Naughton and Arnold N. Honkamp';; as, such officers, acknowledged the execution of said instrument to be the \v4121.i1.t eand deed of said corporation, by it and by them voluntarily executed R . R e1.1-2); 1po ublic in arid `for ' said State 726 7-76 STATE OF 10\NA DUBUQUE COUNTY Red fcr Record athis............ ........,.9. ..... 'day c�;...._.a.ty �`'� . / Lt o'Elock.. /..........M.: arded in Boo ..............Page..........., ..Recorder, BY, .. ,...... .6t1 eput1'