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HomeMy WebLinkAboutItem #10 Use of the Withers-Maguire House as public meeting facility and museum. �b eCeotet of Good L ■kr AGENDA ITEM COVER SHEET Meeting Date: June 7, 2011 Item # /0 Reviewed By: Contact Name: Al Butler Dept. Director: , Contact Number: 407 - 905 -3100, ext. 1543 City Manager: //f , /l Subject: Use of the Withers- Maguire House as a public meeting facility and museum. (Wilsen) Background Summary: The City of Ocoee acquired the historic Withers- Maguire House on March 27, 1984, from Ademar Enterprises, which had planned to convert the former residence to a business facility. The City Manager almost immediately applied for listing the house on the National Register of Historic Places, a designation that was awarded on April 2, 1987. The inclusion of the house in the Register was based on architecture of the house and its use as a residence by General Withers, a historically significant person who encouraged settlement of the area. Referring to the architecture, the City's application notes that the post -Civil War "carpenter Victorian" house "is one of the few residences in the area that reminds us of this important period of American history." Since acquiring the property, the City of Ocoee has spent several hundred thousand dollars on maintenance and mechanical rehabilitation, such as air conditioning and roof replacement. Two State grants totaling about $300,000 were received by the City in 1991 and 1994 for purposes of rehabilitation and preservation of the structure. Those grants imposed restrictions on the use of the property for a 10 -year period that expired in 2004. As a result of those restrictions, the City entered into a management agreement with the Ocoee Historical Commission, which undertook management of the house and historical artifacts stored and displayed in the house beginning on November 7, 1995. The agreement, amended on March 5, 1996, designates the Ocoee Historical Commission as collection curator and museum operator. Most of the agreement is devoted to how items are accepted into the museum collection, which is owned by the City. It also specifically precludes the City from being able to use the facility for any purpose, public or private: "No part of the Museum, including the front porch, may be rented by the public or utilized by the City or the Curator for a purpose other than as specified herein. The Withers - Maguire House Museum shall not be used for personal use by the Curator, the City or members of the general public." The House is presently open to private tours for two hours on Saturday and two hours on Sunday. While the agreement provides for an initial five -year term and a series of one -year extensions, there is no termination date nor is there a provision for the City to amend the agreement. The only action available to the City is to terminate the agreement; doing so requires written notice to be provided to the president of the Ocoee Historical Commission. The current president is Ms. Sherrall Applegate. City staff and the Ocoee Historical Commission have met over the last few months and jointly 1 determined that the property needs to be put to fuller use in order to resume its historical role as a community facility that is part of Ocoee daily life. Limiting its use to that of a museum is not meeting this need. Accordingly, it is proposed that the house be used for public meetings and rented for use by private parties to conduct small events, like weddings, receptions, and club meetings. Issue: Should the City Commission expand the use of the Withers- Maguire House to include public and private meetings? Recommendations: The Engineering and Parks and Recreation departments recommend that management of the house be transferred to the City's Parks and Recreation Department while the Ocoee Historical Commission continues its role as curator of the collection. To accomplish this change, it is recommended that the City Commission authorize the City Manager to file a notice of termination in accordance with the terms of the Withers- Maguire House Museum Operation Agreement. In addition, it is recommended that the City Commission authorize staff to work with the Ocoee Historical Commission to devise a new agreement and to craft a plan for protection of important artifacts when the house is being used as a meeting place. Staff will also develop a schedule of fees for private use along with a capital improvement plan for investments in kitchen and restroom renovation that are necessary to permit broader use of the house. A capital budget of approximately $100,000 is anticipated to meet the cost of revising the non - historical kitchen to support catered food preparation (e.g., convection oven, double -door refrigerator, dishwashers, and clean -up sink), to bring the restrooms into compliance with the Florida Building Code, and to construct a new storage shed. By keeping the planned occupancy to less than 50 persons, the City will minimize the potential cost of fire code compliance. Attachments: Current museum operation agreement between the City of Ocoee and the Ocoee Historical Society. Financial Impact: There is no immediate direct financial impact on the City; however, staff anticipates the need for $100,000 in City funds to be requested in the proposed FY 2012 Budget for future construction and furnishings necessary to allow full use of the house for meetings. In addition, some City Parks and Recreation Department staff will assume the duty of scheduling meetings and, potentially, conducting tours during normal business hours. Type of Item: (please mark with an "x") Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing Resolution 7 Regular Agenda X Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney . N/A Reviewed by Finance Dept. N/A Reviewed by ( ) N/A 2 Ir . . 1 AMENDED AND RESTATED VVITHERS-MAGUIRE HOUSE MUSEUM OPERATION AGREEMENT by and between THE CITY OF OCOEE, a Florida municipal corporation and OCOEE HISTORICAL COMMISSION, INC., a Florida not - for -profit corporation AMENDED AND RESTATED WITHERS- MAGUIRE HOUSE MUSEUM OPERATION AGREEMENT TH S AMENDED AND RESTATED WITHERS - MAGUIRE HOUSE MUSEUM OPERATION AGREEMENT (this "Agreement ") is made this 5th day of March 1996, and is agreed to by the parties to be effective as of the 7th day of November, 1995 by and between the CITY OF OCOEE, a Florida municipal corporation (hereinafter referred to as the "City"), whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761, and OCOEE HISTORICAL COMMISSION, INC., a Florida not - for - profit corporation (hereinafter collectively referred to as the "Curator "), whose mailing address is 16 East Oakland Avenue, Ocoee, Florida 34761. RECITALS A. The City is the owner of a historical structure and related improvements known as the Withers - Maguire House, together with personal property owned by the City and displayed therein or designated for use therein (the "Museum") located on certain real property in Orange County, Florida, as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (the "Property"); and B. The City has completed the internal and external restoration of the Museum and the City intends that the Wither - Maguire House will be operated as an official museum of the City of Ocoee top reserve and display furnishings, artwork, historical relics, rare books and other property relating to the history of the City of Ocoee and its citizens. C. The Curator has requested the City to permit the Curator to operate the Museum on behalf of the City and the City has agreed to authorize the Curator to operate the Museum. D. The City and the Curator previously entered into that certain Withers - Maguire House Museum Operation Agreement as approved by the City Commission of the City at its regularly scheduled meeting held on November 7, 1995 (the "Original Agreement ") which set forth the teams, conditions and responsibilities of the Curator in the operation, management, maintenance and day -to- day care of the Museum. E. The City and the Curator desire to enter into this Agreement to revise Section 13 and other provisions of the Original Agreement. NOW, THEREFORE, in consideration of the mutual premises hereof, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: SECTION 1. RECITALS. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. APPOINTMENT OF CURATOR AUTHORITY. The City hereby appoints the Curator as the official curator of the Museum to operate, manage, maintain and otherwise utilize the Museum, subject to and in strict compliance with the terms and conditions contained in this Agreement. The Curator hereby accepts its appointment as curator, subject to and in strict compliance with the terms and conditions contained in this Agreement. By acceptance of this appointment, the Curator shall have the authority, subject to the terms and conditions set forth in this Agreement, to manage and operate the Museum on a daily basis; conduct programs and activities; raise funds; request and receive gifts, and bequests of money; acquire, receive, and hold funds, objects of value or other personal property; and make expenditures to or for the direct benefit of the Museum; all on behalf of any for the benefit of the City. SECTION 3. OPERATION. The Curator shall have access to the Museum commencing on the Effective Date of this Agreement to acquire, obtain, and establish the Museum Collection and set up the Museum for operation. The Curator anticipates that the Museum will be ready to open for operation on December 1, 1996. The Curator shall provide thirty (30) days prior written notice to the City before the anticipated date of opening of the Museum to the public. Within such thirty day period, the City shall cause an inspection of the Museum and the Museum collection and provide the Curator with changes, if any, which are required to be made prior to the anticipated opening date. The Curator shall make any such changes requested by the City. The Curator and the City acknowledge that the Museum may be open, as approved by the City and the Curator, for operation or viewing on a limited basis prior to the anticipated opening date. Notwithstanding anything contained herein to the contrary, the Museum may not be opened to the public until the Curator has received approval from the City. In order to reduce the daily wear and tear on the Museum, the Museum shall only be open to the public on certain days and at certain times as provided in the Collection Policies (as defined below). SECTION 4. COLLECTION POLICIES, The Curator hereby agrees to operate the Museum pursuant to the Withers - Maguire House Museum Collection Policies (the "Collection Policies"), a copy of which is attached hereto as Exhibit "B" and incorporated herein by this reference, as amended by the City from time to time, in the City's sole and absolute discretion. SECTION 5. TERM. This Agreement shall be for an initial term of five (5) years commencing on November 7, 1995, which term shall be automatically extended for additional one (1) year periods, unless either party provides the other party written notice of termination ninety (90) days prior to the expiration of the initial term or any additional term; grovided, however, in the event the City shall revoke the appointment of the Curator pursuant to Section 18 hereof, then this Agreement shall terminate as provided therein. SECTION 6. CURATOR OFFICE SPACE. The City and the Curator agree that a portion of the Museum, designated as Site No. 14 on the proposed floor plan previously provided by the Curator to the City, may be utilized as the office space for the Curator for its daily operation activities, which area will not be open to the public. Upon receipt of a written 2 request from the Curator to relocate this office to another area within the Museum, the City may agree to such relocation, at the City's sole discretion. SECTION 7. FEU. The Museum shall be open to the public without fee for admission. In order to offset the cost of operation of the Museum, the Curator may make a written request for approval to the City detailing the amount of admission fees recommended to be charged to the public for admittance to the Museum. The City shall consider the recommendation of the Curator and may determine in its sole discretion, to deny the request, approve the admission fee as recommended, or increase or decrease the recommended admission fee as determined by the City. No admission fee may be charged to the public until such admission fee is approved by the City. SECTION 8.S. All funds collected or derived by the Curator in connection with operation of the Museum, including any entrance donations and promotional fees, shall be retained by the Curator to be utilized for the operation of the Museum or for activities relating to the restoration of historically significant buildings, landmarks and areas of the City. A notice must be posted in a conspicuous place at the entrance to the Museum stating that all such entrance donations and promotional fees are made to the Curator. All funds collected or derived from the deaccession of collection objects shall be deposited into a bank account for the benefit of the City. Any expenditures of such funds in any amount by the Curator must be approved by the City prior to any expenditure. SECTION 9. SUBMITTALS. The Curator shall be required to submit to the City the following submittals within the time periods set forth below and in a form approved by the City: a. On or before the Effective Date and on January 31st of each successive year thereafter, a roll of all members, volunteers, directors and officers of the Curator. b. On or before the Effective Date and on January 31st and June 30th of each successive year thereafter, a complete inventory of all objects in the Museum collection sufficient in content to permit the City to confirm such inventory, including a physical inventory of the objects in the Museum conducted by the City, by September 30th of each successive year, a report detailing the additions to and deletions from the Museum Collection during the preceding six month period and a VCR tape demonstrating each room in the Museum in its entirety and each of the items in the Collection with sufficient detail to determine the quality and to identify each object. 3 c. On January 31st and June 30th of each successive year, visitor counts for each month and the average daily visitor count for the preceding six month period. d. On or before the Effective Date, and on January 31st of each successive year, a room by room floor plan detailing the location and type of all furniture and significant Museum collection objects in the Museum. e. On January 31st and June 30th of each successive year, the bank account statement and other records detailing all funds held by the curator and derived or collected from the operation of the Museum, detailing the date and source of receipt of all the funds. f. Within thirty days after completion, the annual financial statements of the Curator, prepared by the Curator in accordance with generally accepted accounting principals, which will consist of a balance sheet, accounts payable and accounts receivable. g. All reports or other information required to be submitted under the Collection Policies at such times as provided therein. h. Any and all other materials, reports, details or other information required by the City. SECTION 10. MAINTENANC The Curator shall maintain all objects in the Museum collection to the highest possible standard. Due care should be given when moving furniture and large objects so as to not to damage the floors, walls or other fixtures in the Museum. The Curator shall be responsible for all cleaning and dusting of the Museum and the Museum collection. The City shall maintain the Museum on a periodic basis or when repairs or restoration is advisable or necessary and shall be responsible for maintenance of the Museum grounds. The City's maintenance activities shall be conducted at times and in such manner so as to minimalize, to the extent practical, the activities of the Curator and the use of the Museum by the public. The City shall, except in emergency situations, provide the Curator forty-eight (48) hours prior notice of any intended maintenance or repair activities and the Curator and the City agree to mutually cooperate in their respective maintenance and operation activities. SECTION 11. RECORDS. All original records relating to the operation of the Museum, including the submittals delineated in Section 9 hereinabove, shall be provided to the City for safekeeping. All such original records shall be and will remain the property of the City. The Curator shall 4 maintain a duplicate set of records at the Museum. The Curator acknowledges that all records shall be public records and shall be maintained as such in full compliance with the provisions of Chapter 119, Florida Statutes. SECTION 12. EMERGENCY PREPAREDNESS. In the event of an imminent natural emergency, such as a flood, hurricane, tropical storm or tornado, the Curator shall have no obligation to perform any extraordinary measures to prepare the Museum for such event. The City shall provide the necessary emergency preparedness measures, as determined to be necessary by the City, subject to availability of materials and manpower. SECTION 13. COMPLIANCE WITH REGULATIONS. The Curator shall operate the Museum in compliance with all applicable Federal, State and local statutes, laws, regulations, ordinances, codes, and rules. Further, the Museum must be operated in compliance with all terms, conditions and restrictions contained in any state or federal grant award received by the City for the restoration of the Museum. SECTION 14. AMERICANS WITH DISABILITIES ACT. The Curator must operate the Museum in compliance with 42 U.S.C. §12101, et. seq., the Americans with Disabilities Act, and all rules and regulations promulgated thereunder. Pursuant to Title II of Section II - 5.5000 of the American with Disabilities Act Technical Assistance Manual, in lieu of the City installing an elevator in the museum to provide access to the second floor which would destroy the architectural features of the Museum, the Curator shall provide an audio- visual display of the contents of the second floor rooms in an accessible location on the first floor of the Museum. The City shall designate the type of audio - visual display and will provide the necessary equipment. SECTION 15. INDEMNIF Curator hereby agrees to indemnify and hold the City harmless for any loss, expense, liability, claim, cause of action or damage (including attorneys and paralegals fees and costs whether incurred prior to or at the trial level or on appeal) suffered by the City or its properties arising from the Curator's failure to comply with this Agreement or through its negligent actions or failure to act. The Curator shall be responsible and liable to the City for all damages caused to the Museum, or the collection caused by the Curator or its officers, directors, employees, agents or contractors. SECTION 16. INSURANCE. The City shall, during the term of this Agreement, at its own expense, maintain comprehensive liability insurance with respect to the Museum insuring against risks and in such amounts as determined by the City. In addition, the City shall maintain at its own expense casualty insurance with respect to the Museum and the Museum Collection, insuring customary risks, including fire and theft, with coverage at all times in an amount equal to the full insurable (replacement) value of the Museum and the Museum Collection, including "fine arts" coverage for objects in the Museum Collection where appropriate. Insurance proceeds from casualty losses shall be paid to the City and may be applied, as determined in the 5 City's sole and absolute discretion, to firstly (i) replace, repair or restore the damaged property, and secondly (ii) such other purposes as the City may determine relating to the Museum. SECTION 17. EQUAL OPPORTUNITY MEMBERSHIP. The Curator shall at all times provide equal membership and employment opportunities to all persons regardless of race, color, religion, sex, age or national origin in the operation of the Museum. SECTION 18. NOTICE: PROPER FORM. Any notices required or allowed to be delivered shall be in writing and be deemed to be delivered when (1) hand delivered to the official hereinafter designated, or (2) upon receipt of such notice when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the party at the address set forth opposite the party's name below, or at such other address as the party shall have specified by written notice to the other party delivered in accordance herewith. CURATOR: Ocoee Historical Commission, Inc. 16 East Oakland Avenue Ocoee, Florida 34761 Attention: President CrrY: City of Ocoee City Manager 150 North Lakeshore Drive Ocoee, Florida 34761 SECTION 19. DEFAULT. In the event the Curator fails to perform any of the covenants and obligations set forth in this Agreement to be performed by the Curator within any applicable cure period, then the City may terminate the appointment of the Curator and thereby terminate this Agreement whereby the Curator and the City shall be relieved of any and all further obligations under this Agreement, and may elect to proceed at law or in equity to enforce its rights hereunder, including the right of specific performance. SECTION 20. NOTICE OF DEFAULT AND OPPORTUNITY TO CURE. In the event of a default under any of the terms or provisions of this Agreement or the Collection Policies, the non - defaulting party hereto shall give the other party written notice of any default hereunder and shall allow the defaulting party fifteen (15) days from the date of its receipt of such notice within which to cure any such defaults or to commence and thereafter diligently pursue to completion good faith efforts to effect such cure and to thereafter notify the other party 6 of the actual cure of any such defaults. This Agreement is enforceable at law or in equity by the non - defaulting party, including, but not limited to the right of specific performance. SECTION 21. ASSIGNABILITY OF AGREEMENT. The Curator may not assign this Agreement, or any interest therein, without the prior express written consent of the City. Any purported or attempt of assignment by Curator without the prior express written consent of the City shall constitute a default by Curator under this Agreement. SECTION 22. APPLICABLE LAW. This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. SECTION 23. SEVERABILITY. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other part of this Agreement if the rights and obligations of the parties contained therein are not materially prejudiced and if the intentions of the parties can continue to be effected. SECTION 24. RECOVERY OF ATTORNEYS' COSTS AND FEES. In connection with any litigation between the City and the Curator, including appellate proceedings arising out of this Agreement or the violation of any law, rule, regulation, ordinance, resolution, or permit, the prevailing party shall be entitled to recover from the other party reasonable attorneys' fees, paralegal fees, and costs hereunder, whether incurred prior to, during or subsequent to such court proceedings, on appeal or during any bankruptcy proceedings. SECTION 25. ENTIRE AGREEMENT. This instrument and its exhibits constitute the entire agreement between the parties and supersedes all previous discussions, understandings, and agreements between the parties relating to the subject matter of this Agreement, specifically including the Original Agreement. Amendments to and waivers of the provisions herein shall be made by the parties in writing by a formal amendment executed by both parties. SECTION 26. INTERPRETATION. For purposes of interpreting this Agreement the singular number shall include the plural and the plural the singular and the use of any gender shall include all genders. SECTION 27. CAPTIONS AND PARAGRAPH HEADINGS. Captions and paragraph headings are for the convenience of reference only and in no way described, define, extend or limit the scope of content of this Agreement or the intent of any provision hereof. SECTION 28. EFFECTIVE DATE. This Agreement shall first be executed by the Curator and submitted to the City for approval by the Ocoee City Commission. Upon approval by the Ocoee City Commission, this Agreement shall be executed by the City. After execution by the City, the Effective Date of this Agreement shall be November 7, 1995. 7 IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed the day and year first above written. "CITY" Signed, sealed and delivered CITY OF OCOEE, in the presence of: a Florida municipal corporation By: - 6 7 ate■ik4 f/ m S. SCOTT VANDERG 1 , Mayor /',.e: Print/Type Name r Attest: �I V. � . G ' ► N, City Clerk • W`� Signature (SEAL) CARMEN H. MCC1ELLwK Print/Type Name FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FO AND LEGALITY this c day of M u( , 1996. FOLEY LARDNER APPROVED BY THE OCOEE CITY COMNIISSION AT A MEETING HELD ON fq..cf , 1996 B UNDER AGENDA ITEM NO. mi. City Attorney cAwrs1u oCOEE mERs.A&MI2/Iu96I18 13Inps:dp 8 STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared S. SCOTT VANDERGRIFT and JEAN GRAFTON, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, a Florida municipal corporation, and that they severally acknowledged executing the same on behalf of said municipality in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said municipality. WITNESS my hand and official seal in the County and State last aforesaid this S'714 day of t , 1996. J tor.s.._) Sig re of Notary # MARIAN B GREEN My Commission CC41344a a f Expires Nov. 04.1998 Bonded by ANB + o f 800452.5878 /114111.14t4 B. G RE E N Name of Notary (typed, Printed or Stamped) Commission Number (if not legible on seal): My Commiuion Expires (if not legible on seal): 9 IN WITNESS WHEREOF, the Curator has caused this Agreement to be duly executed the 28th day of Fphruary , 1996. "CURATOR" Signed, sealed and delivered OCOEE HISTORICAL COMMISSION, in the presence of: INC., a Florida not - for - profit corporation 41, By: • • f . ��.�.✓ .. _ 4 , .r „ : re Name:, . - . _ •.• Title: - Juv /4" LE/VAS Print/Type Name (CORPORATE SEAL) Si g re tie RRf Print/Type Name STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements , personally appeared Karen S. Woodard as President of OCOEE HISTORICAL COMMISSION, INC., a Florida not - for - profit corporation, who [ ] is personally known to me or E produced F p L w 34,3 - i' - s3 - 1 X2.5 as identification, and that he /she acknowledged executing the foregoing instrument on behalf of said corporation, in the presence of two subscribing witnesses, freely and voluntarily under authority duly vested in him /her, and that the seal affixed hereto is the true corporate seal of said corporation. WITNESS my hand and official seal in the County and State last aforesaid this 28th day of February , 1996. 4 t,vj _J nA L4r Ir4. L Signature of Notary 4 0,„ td MA RAN Et GREEN 13441 Marian B. Green My Co1Tmlle$IOfl CC4 * ' . ! f * Exp:e. Nov. 04.1998 Bonded by ANB Name of Notary crYP(Typed, Printed or Stamped) 4 44. r oe 8004524878 c:\wP311Docs%ocOEZwfrHERS.AaR Ivies I18WOIS IDPB 10 m Comission Number (if not legible on seal): My Commiuion Expires (if not legible on seal): EXHIBIT "A" [ LEGAL DESCRIPTION 1 C: \WP51 \DOCS\OCOEE\WR7IERS.A 12/19/961 ISWOIS 1DPB4p SIT "A" [ LEGAL DESCRIPTION ] Begin at the Southwest corner of Lot 6, Block 2, MAP of the TOWN OF OCOEE, according to the plat thereof as recorded in Plat Book A, Pages 100 and 101, of the Public Record of Orange County, Florida; run thence Easterly 325.0 feet along the South line of said Lot 6, thence Northerly parallel with the West line of said Lot 6 a distance of 244.5 feet, thence West 325.0 feet to a point on the Bluford Avenue easterly right•of way 244.5 feet Northerly of said Southwest corner of Lot 6, thence Southerly along the West line of said Lot 6 a distance of 244.5 feet to the point of beginning. CAR?SItDOCso cosswr mt.s.AOM 1 t01%0ASI I1W013 DIM EXHIBIT "B" W i'i'HJ RS- MAGUIRE HOUSE MUSEUM COLLECTION POLICIES for use by OCOEE HISTORICAL COMMISSION, INC. OCOEE, FLORIDA PREFACE The purpose of this manual is to establish policies whereby the Ocoee Historical Commission, Inc., a Florida not - for -profit corporation (the "Curator ") may properly acquire, document, display, conserve, manage, and utilize collections on behalf of and for the benefit of the City of Ocoee (the "City ") for the Withers - Maguire House Museum in conformance with the highest standards of the museum profession. The Withers - Maguire House Museum shall be maintained as a museum in order to: 1. explain, detail, describe and clarify the history of Ocoee: the city, its commercial buildings, residences, and citizens 2. maintain and acquire by purchase, gift, devise or otherwise personal property for display in the Withers - Maguire House Museum 3. to collect, preserve and display records, furniture and furnishings and other personal property which relate to the historical aspects of the community 4. to collect, preserve and display furniture, furnishings, artwork, historical relics, rare books and other property which relate to the history of Ocoee or to the restoration to their original condition of several of the rooms in the Withers - Maguire House Museum In pursuance of these purposes and goals, the City hereby adopts these Collection Policies to provide the policies and procedures for the operation and management of the Withers - Maguire House Museum by the Curator on behalf of and for the benefit of the City. NATURE AND SCOPE OF COLLECTION 1. OVERVIEW 1.1 The range of artifacts in the collection of the Withers - Maguire House of Ocoee, Florida will trace the history of Ocoee from the early 1800's into the twentieth century. The objects which are appropriate for the collection include the fine and decorate arts, artifacts relating to historic events or persons, industrial, commercial and agricultural artifacts, and artifacts which relate to education, politics, religion, recreation, and everyday life in Ocoee, household furnishings and utensils, glass, ceramic textiles, clothing, agricultural tools, drawings, paintings, engravings, historical relics, reference books, rare books, maps manuscripts and archival materials pertinent to the purpose of the collection. 2. DEFINITIONS 2.1 ACCESSION: (1) when used in relation to an object, means an object acquired by the City as part of the Collection for the Withers - Maguire House Museum; (2) the act of accepting, recording, and processing an object as a Collection item. 2.2 ACCESSION NUMBER: a control number, unique to an object, whose purpose is identification, not description, based on order of acceptance as part of the Collection and including the date of accession. 2.3 ACCESSIONS REGISTER: the official log book which lists all accessions sequentially by accession number, the object description, location, source and date of acquisition. 2.4 COLLECTION: the entire collection of accessioned objects belonging to the City for display at the Withers - Maguire House Museum. 2.5 COLLECTION OBJECT: an object that had been or will be accessioned into the Collection. 2.6 DEACCESSION: (1) when used in relation to an object, means an object that has been removed permanently from the Collection; (2) the formal process used to permanently remove an object from the Collection. 2.7 DONOR: the owner of an object who makes a gift to the City for the Collection. 2.8 DEED OF GIFT: a written instrument that transfers ownership of an object or objects from a Donor to the City and which includes all conditions of the gift, the form of which is attached hereto as Attachment "1". 2 2.9 INCOMING LOAN: the borrowing of an object by the Curator on behalf of the City to be displayed in the Withers - Maguire House Museum; such a loan would be considered an outgoing loan by the lender. 2.10 LOAN: a temporary transfer of a Collection object(s) from the City to another museum or institution, or a temporary transfer of similar items to the City for stated purposes; the transfer does not involve a change of ownership. 2.11 LOAN AGREEMENT: a contract between a lender and a borrower of an object or objects, which contract describes the objects and specifies the conditions of the loan. 2.12 LONG -TERM LOAN: a loan with an indefinite term. 2.13 OUTGOING LOAN: the loan of an object by the Curator as approved by the City to another organization, museum or institution; such a loan would be considered as incoming loan by the borrowing institution. 2.14 SPECIAL COLLECTION: a collection of objects within the Withers - Maguire House Museum for which there are certain additional restrictions; usually, a special collection is donated by one individual or organization in memory of the collector, or is assembled at a particular point in time for a specific purpose. 3. TYPES OF COLLECTIONS 3.1 The COLLECTION will consist of objects whose primary function is for preservation and display in the Withers - Maguire House Museum, and objects on loan to other institutions. 3.2 The WITHERS- MAGUIRE HOUSE MUSEUM HOLDINGS will consist of: 3.2.1 those objects deaccessioned or unaccessioned which are to be used for the Curator's or the City's general purposes, which include but are not limited to office furnishings. 3.2.2 those objects deaccessioned or unaccessioned which are to be used as part of the Withers - Maguire House Museum, which include but are not limited to household furnishings and utensils, glass, ceramics, textiles, clothing, agricultural tools, drawings, paintings, engravings, historical relics, reference books, rare books, maps, manuscripts and archival materials pertinent to the purpose of the Collection. 3 4. ETHICS: 4.1 The members of the Curator have a responsibility to maintain the highest ethical standards in their personal as well as professional dealings. An employee, officer, director, member or volunteer of the Curator may not: A. receive a commission, fee or financial benefit in connection with the sale, exchange, or loan of an object in the Collection or the Holdings; or B. be a business associate, employee or owner of any individual, firm or organization involved in the sale or exchange of an object in the Collection or the Holdings without the express prior written approval of the City; C. provide appraisals for any purpose, including the establishment of tax - deductible values for gifts offered to the Withers- Maguire House Museum. D. authenticate any object for persons or agencies under circumstances that could encourage or benefit illegal, unethical, or irresponsible sale, donation or loan of such objects. E. purchase or otherwise receive title or ownership to an deaccessioned object without the express prior written approval of the City. 5. ACCESSIONS TO THE COLLECTION: 5.1 The Curator may accession those objects related to the purpose of the Withers - Maguire House Museum and which the Curator can properly store, display and/or exhibit. To this end the Curator will accession primarily those items which can be shown to have actually been made or used in Ocoee and surrounding areas, or those items which can be shown to relate to work, life, or events in Ocoee from the early 1800's to the present and which the Withers - Maguire House Museum intends to use and/or keep for the foreseeable future. It should be understood that while the primary collecting focus must be on objects with strong Ocoee association, objects made or used outside this area which relate to regional rather than local history may also be collected. 5.2 Objects to be considered for accession to the Collection by the Curator shall meet the following criteria: 5.2.1 The acquisition and ownership of objects shall comply with all applicable laws, including but not limited to importation and exportation tax and copyright laws. No object shall be knowingly or willfully accepted or acquired which 4 are known to have been illegally imported into or illegally collected in the United States contrary to local, state or federal law, treaties or conventions. 5.2.2 The objects must be of acceptable quality in terms of social, historic, scientific, technical, or aesthetic importance, and should be in exhibitable condition or nearly exhibitable condition that will not require excessive conservation expense. Materials retained for study and research purposes may be in somewhat poorer condition presuming there is a clearly defined need for such items. 5.2.3 The objects have maintained their physical integrity and have not been altered or repaired such that the original character or use of the item has been radically altered. 5.2.4 The provenance of the objects must be sufficiently documented to satisfy the Curator. 5.2.5 The objects do not duplicate items already in the Withers - Maguire House Museum Collection; provided, that the Curator may acquire duplicate items if the Curator deems the materials significant to the upgrading of the Collection. 5.2.6 Objects acquired by gift, bequest, purchase, exchange, abandonment, excavation, and by any other transaction must include evidence of ownership by clear and marketable title, free of encumbrances and liens. 5.3 The following additional criteria shall apply for objects purchased for accession: 5.3.1 Before an item is purchased, consideration shall be given to the availability of comparable materials or objects through gift or bequest. 5.3.2 Fair market value shall be determined in advance of arrangement for the purchase. 5.3.3 Acquisition funds may not be used without the prior written approval of the City upon recommendation of the Curator. 6. CONDITIONS OF DONATION OF GIFT 6.1 All objects donated to the Withers - Maguire House Museum for the Collection must be accompanied by a Deed of Gift executed by the Donor. All objects accepted as gifts on behalf of the City by the Withers - Maguire House Museum shall become the property of the City. At the time of accession of an object into the Collection, the Curator shall complete an Artifact Registration Form, the form of which is attached hereto as Attachment "2 ". 5 6.2 Because of limited storage and display space, all items in one gift may not be exhibited or stored together. The Curator shall not promise to any Donor the exhibition of any particular object permanently or continuously. 6.3 Where applicable, all copyrights, literary rights, and similar ownership rights, shall be assigned and/or transferred to the City at the time of acquisition of an object. 6.4 The Curator shall not appraise or otherwise provide a monetary value for objects under consideration as donations to the Withers - Maguire House Museum. Independent appraisals for objects believed to be valued at $250.00 or greater must be obtained by the Donor, at Donor's expense, and provided to the Curator prior to donation to the Withers - Maguire House Museum. All appraisals must be dated no more than two years prior to the date of the donation. 7. CONDITIONS OF TEMPORARY RECEIPT 7.1 A Temporary Receipt, the form of which is attached hereto as Attachment "3 ", shall be issued to the owner of any object left in the possession of the Curator for any reason, including for consideration as a gift or purchase, for study, or for identification. The following conditions shall apply to any such object and will be incorporated into the Temporary Receipt: 7.1.1 The Curator will exercise the same precautions and use the same care with respect to such object as it does for the safekeeping of the Collection. 7.1.2 Unless the Curator is notified in writing to the contrary, the objects may be photographed for the Curator's own purposes. The Curator will not clean, restore, or otherwise alter the objects without the consent of the Owner. 7.1.3 If the ownership of the objects shall change while it is in the possession of the Curator, whether by reason of death, sale, insolvency, gift, or otherwise, the new owner shall be required to establish his/her legal right to receive the object(s) by proof satisfactory to the Curator and the City prior to receipt of such object. 8. DEACCESSION FROM THE COLLECTION 8.1 Pursuant to the terms and conditions set forth below, the Curator may permanently remove objects already accessioned as part of the Collection of the Withers - Maguire House Museum. The Curator shall acquire and maintain a collection of objects appropriate to the purpose of the Withers - Maguire House Museum. At the same time the Curator shall review the Collection from time to time and recommend that the City cull and permanently remove those objects that are no longer desired in connection with the Withers - Maguire House Museum. Each 6 recommendation shall be in writing, shall describe the object and the reason for the deaccession and shall recommend the method of disposal of such object(s). 8.2 At least one of the following criteria must be met before the Curator can recommend that any collection object be deaccessioned, provided that any one of these criteria is sufficient cause to deaccession an object: 8.2.1 The object is damaged or has deteriorated to the point that its repair is not warranted or the cost of repair is excessive; 8.2.2 The object is of inferior quality; 8.2.3 The objects have become redundant in the context of the Collection in the Withers - Maguire House Museum; 8.2.4 The object has been stolen and is unrecoverable; 8.2.5 The object must be deaccessioned for legal or ethical considerations. 8.2.6 The object is no Longer pertinent to or appropriate for the Collection in the reasonable judgment of the Curator. 8.3 The Curator shall not deaccession any object of the Collection without the prior written consent of (i) the Administrative Services Director of the City, or his/her designee for objects valued less than or equal to $500.00, and (ii) the approval of the Board of City Commissioners of the City for objects valued greater than $500.00. 8.4 Deaccession transactions shall be fully documented in the Collection records by identifying the object, its accession number, the date of disposal, the recipient of the object, the manner of transfer or conveyance of the object and the value, if any, given to the Curator for the benefit of the City for such object. 8.5 Deaccessioned objects may be traded to other institutions for more appropriate objects, sold at auction, discarded, retained by the City, given to the Curator for display or use in other historical projects, or otherwise disposed of in any other manner as approved by the City. 8.6 Proceeds from the sale of deaccessioned items shall be held by the Curator for the benefit of the City and are only to be used to expand or maintain the Withers - Maguire House Museum Collection, or for such other purpose as directed by the City for the Withers - Maguire House Museum. The members of the Curator may not purchase or otherwise acquire objects deaccessioned from the Collection, without the express prior written consent of the City. The 7 Curator shall not deaccession any object in the Collection in order to raise funds. Objects shall be deaccessioned in a manner that does not discourage future gifts. 8.7 If a request or demand is received by the Curator for the return of an object previously given to the Withers - Maguire House Museum and accessioned, the City shall be notified within three (3) days of receipt of such request or demand. Recommendations regarding the return of material shall be made by the Curator to the City within ten (10) days of the date of receipt of the request or demand by the Curator in accordance with the following considerations: 8.7.1 Whether the object is appropriate to or duplicative of the Collection; 8.7.2 Whether the gift was publicly announced; 8.7.3 Whether the Donor took a tax deduction at the time of the gift; 8.7.4 Whether any limiting conditions were placed on the gift; 8.7.5 Whether the original Donor made the request. The City shall make the final determination if such object will be returned in its sole discretion and the Curator will retain or return the object as directed by the City. 9. DOCUMENTATION 9.1 A registration system of all accessioned objects shall be maintained by the Withers - Maguire Committee. Each object will be assigned a unique, permanent accession number and photographically documented. 9.2 The original records of accession, registration, cataloging, inventory, loan, conservation, and deaccession, as periodically updated (the "Official Records ") shall be provided to the City and stored in the location designated by the City. A duplicate set of the Official Records shall be maintained at the Withers - Maguire House Museum in a location which offers protection from fire, theft or other damage. 9.3 Files shall be kept on each object documenting the ownership, description, location, condition, history (if known), and significance of the object. Photographs shall be made as part of conditions reports, damage records, and pre- and post -loan examinations. 8 10. LOANS 10.1 General Loan Policies 10.1.1 All loans, both incoming and outgoing, shall be made only on the recommendation of the Curator to the City and may be made or accepted only upon the prior written approval of the City. 10.1.2 A record of all loan transactions shall be made and maintained by the Curator, who shall then monitor all loans and abide by and perform all of its terms and conditions contained in the Loan Agreement. 10.1.3 A Loan Agreement in a form and content acceptable to and approved by the City shall be signed and executed by the lender and the Curator before any objects are borrowed or loaned. In the case of traveling exhibitions, separate loan agreements must be executed by all parties. 10.1.4 The term of a loan shall be definite and specifically set forth in the Loan Agreement. Long -term loans are prohibited. 10.2 Incoming Loans. 10.2.1 Objects shall be borrowed only for specific exhibition uses for a specific length of time. The lender shall provide the City with an appraisal, dated not more than two years prior to the Loan Agreement for all objects being loaned for use in the Withers - Maguire House Museum. The City shall rely upon such appraisal to establish the amount of insurance which is required for such object(s). 10.2.2 The following conditions shall be incorporated into the Incoming Loan Agreement, and shall apply to all objects sent to the Curator on loan and cannot be waived or otherwise modified except as approved in writing by the City, the Curator and the lender: 10.2.2.1 The Curator shall exercise the same care with respect to incoming loan objects that it does in the safekeeping of the Collection. 10.2.2.2 Should loss, damage, and/or deterioration to any incoming loan object occur, the Curator will immediately notify the Lender, provided that the City and the Curator shall not be liable for any such loss, damage and/or deterioration to any incoming loan object. 10.2.2.3 Incoming loan objects shall be insured either by the lender or the City at all times in the amount specified by the appraisal. The amount 9 payable by this insurance is the sole recovery against the City available to the Lender in the event of lose, damage and/or deterioration. 10.2.2.4 In the event the lender will maintain the insurance coverage on the object for the duration of the loan, the Lender must provide evidence of such insurance to the Curator and the City at the time of the loan. If the Lender elects to maintain his/her own insurance coverage, then prior to shipping, the Curator and the City must be supplied with a Certificate of Insurance from the Lender's insurance company naming the Curator and the City as an additional insured. The City shall not be responsible for error or deficiency in information furnished to the Lender's insurer or for any lapses in coverage. 10.2.2.5 If insurance is waived by the Lender, this waiver shall constitute agreement of the Lender to release and hold harmless the Curator and the City from any liability for theft, damage to or loss and deterioration of the loaned object. It is the responsibility of the Lender to notify the Curator and the City of changes in insurance valuations or insurance coverage thirty (30) days prior to the effective date of such change. 10.2.2.6 It is the responsibility of the Lender to notify the Curator in writing within thirty (30) days of a change of address. 10.2.2.7 The right of the Curator to return any incoming loan object shall occur absolutely on either the expiration of the term of the loan, or when the Curator no longer desires the loan. In such event, a written notice shall be provided to the Lender. If the Lender does not withdraw such loan objects within thirty (30) days from the date of such notice, the Curator shall exercise the same care with respect to incoming loan objects that it does in the safekeeping of comparable property in the Collection. 10.2.2.8 The Curator agrees to make two written notifications to the Lender at the address specified on Incoming Loan Form. The second notice shall be sent no earlier than fifteen (15) days but not later than thirty (30) days after the date of the first notice. If within thirty (30) days after the second notification the Lender does not contact the Curator in writing or withdraw such objects, then the items in question will become an unconditional donation. 10.2.2.9 In the event the Curator does not receive a written response from the Lender upon the expiration or termination of the Loan after proper notice has been sent by the Curator, then such failure to withdraw the loaned object shall constitute forfeiture of the loaned object to the City and any further claim of title to the objects indicated on the Incoming Loan Form, the form of which is attached hereto as Attachment "4 ", in effect making the loan an unconditional donation. If the loan becomes an unconditional donation, the 10 Lender, its assigns and heirs unconditionally gives, donates, bestows and sets over all rights, titles and copyrights held by them to the items to the City to be retained, exhibited, loaned or disposed of in such manner at the discretion of the Curator, in the best interest of the City. 10.2.2.10 Objects loaned to the Curator shall be returned to the Lender upon the presentation of the Loan Agreement at the expiration of the term of the loan, or upon written request of the Lender or of his/her duly authorized agent or legal representative. If the legal ownership of the object shall change during the pendency of the loan, whether by reason of death, sale, insolvency, gift, or otherwise, the new owner may, prior to its return, be required to establish his/her legal right to receive the object by proof satisfactory to the Curator and the City. 10.2.2.11 The Lender shall specify in the Loan Agreement any of special conditions governing the use or operation of the object(s). 10.2.2.12 In the event that the Lender or his/her duly authorized agent desires in the future to make a gift of any object described in the Loan Agreement, the Lender's intent shall be recorded in accordance with as provided in Section 5 hereof. 11. COLLECTION CARE 11.1 The Curator will provide for the storage and care of the objects in the Collection under conditions that ensure their availability for Withers - Maguire House Museum purposes and in accordance with the provisions hereof. 11.2 Handling 11.2.1 Permission to handle objects to third pasties shall be granted by the Curator and only after instruction has been given in the proper method of handling objects. Volunteers shall not be permitted to handle, lift, or move objects, except while doing supervised work for the Curator and only after instruction in the proper method of handling objects. Objects must not be removed from their place of installation, even temporarily, without first consulting the Curator. 11.2.2 Pencils are the only acceptable writing tools in collection areas. Ballpoint, felt -tip, and fountain pens do irreversible damage to Collection objects. 11.2.3 No food, beverages, or smoking will be permitted near Collection objects or in Collection areas such as exhibition galleries, restored areas, historical 11 properties, or storage areas. Signs to such effect will be provided by the City and shall be posted at the Museum. 11.2.4 All damage, no matter how slight, must be reported to the Curator. 11.2.5 Every Collection object should be considered irreplaceable. Each object is to be handled as though it were the most valuable one in the Collection. 11.3 The Curator shall be responsible for determining storage conditions for objects in the Collection, specifying safe containers and materials, placing objects in storage, removing objects from storage, cleaning storage areas, checking for evidence of infestation, monitoring security and accessibility and monitoring environmental conditions. 11.4 The Curator shall file a written report with the City annually concerning the state of the Withers - Maguire House Museum Collection. 12. ACCESS 12.1 The public areas, including the Withers - Maguire House Museum and grounds, shall be accessible to any and all persons who will maintain the proper decorum, and access shall not be denied on the basis of race, creed, religion, national origin, sexual orientation, physical handicap, or mental handicap. Certain persons may not have full access to all areas, but every effort will be made to accommodate any interested visitor. 12.2 The Collection and Collection records are to be made available to scholars and researchers with a proper reason to have such access. Such access shall be supervised by a member of the Curator or authorized employees of the City. While recognizing its responsibility to maintain the Collection for public use, the Curator reserves the right to refuse access to certain materials, objects, or non -public areas for any reason. 12.3 The Withers - Maguire House Museum will be open to the public during times and days specified by the City only under the supervision of the Curator or the City and/or only for Curator or City official functions. No part of the Museum, including the front porch, may be rented by the public or utilized by the City or the Curator for a purpose than as specified herein. The Withers - Maguire House Museum shall not be used for personal use by the Curator, the City or members of the general public. 12.4 The Withers - Maguire House Museum will be open at specific times during each week of operation for public tours and special tours may be provided at the request of groups, organizations or schools. Public and special tours will be conducted by authorized members of the Curator at such times as determined by the Curator. 12 12.5 Photography 12.5.1 The Curator shall generally prohibit any kind of photography of the Collection. 12.5.2 Objects shall not be moved from their locations to accommodate outside photographers, except by prior arrangement with the Curator, provided, however, that no object may be removed from the Withers- Maguire House Museum without the prior approval of the City. 12.5.3 Permission to publish, display, or broadcast photographs of the Withers - Maguire House Museum objects or interiors shall be granted pursuant to the terms of a Photographic Reproduction Agreement, the form of which is attached hereto as Attachment "5 ", and is subject to the following conditions: 12.5.3.1 Permission is for one -time use only. A third party must obtain prior written permission from the Curator, for each publication, republication, broadcast, display, or other public use of images of the Collection or interiors. The City shall retain all rights to the photos and they must not be used for any purpose other than that listed on the permission form. 12.5.3.2 Credit must be given to the Withers - Maguire House Museum as follows: "Courtesy of the Withers - Maguire House Museum of Ocoee, Florida." The credit line should appear near the photo, or if the publication or display has a separate credit section, it must adequately indicate the location of the image within the publication or display. 12.5.3.3 Photographs may not be altered by cropping or other means without the permission of the Curator. 12.5.3.4 The Curator requests a gratis copy of each publication in which one of its images appears. Such publications should be mailed, immediately upon release to the Curator. 12.5.3.5 The Curator reserves the right to refuse to grant permission and/or provide photographic reproductions to publishers and individuals who have not complied with its policies. 13. MISCELLANEOUS -ANEOUS PROVISIONS 13.1 The Curator may on its own motion, seek to amend, supplement or repeal any portion of these policies by submitting such amendment, together with a written request detailing 13 the purpose of such amendment, to the City for approval. The City may approve or deny such request at its sole and absolute discretion. 13.2 Should any section or provision of these Collection Policies be determined invalid, such decision shall not affect the validity of the policies as a whole or any part thereof other than the part so declared to be invalid, unless otherwise repealed or amended by the City. 13.3 These Collection Policies shall take effect and be in force immediately upon adoption by reference into the fully executed Withers-Maguire House Museum Operation Agreement between the City, and the Curator of even date herewith. 13.4 These Collection Policies also include the attachments described below which are included herein by reference: Attachment "1" - Form of Deed of Gift Attachment "2" - Form of Artifact Registration Form Attachment "3" - Form of Temporary Receipt Attachment "4" - Form of Incoming Loan Form Attachment "S " - Form of Photographic Reproduction Agreement 14 Attachment "1" Accession Number OCOEE . WITHERS- MAGUIRE HOUSE MUSEUM C O I F ' M I S S ' I O N , L % C . D E E D O F GIFT Donor Name J Street Address City State ZIP Phone I, my assigns and heirs hereby unconditionally give, donate, bestow and set over all rights, titles, and literary and copyrights held by me in and to the items listed below to the City of Ocoee to be retained, exhibited, loaned or disposed of in such manner as, at the discretion of the City of Ocoee, is in the best interests of the City of Ocoee and its responsibility to the public. 1 further represent and warrant that there are no liens or other encumbrances on or which affect the items listed below, that I am the sole and lawful owner of such items and that I have good right and lawful authority to donate and convey such items. I acknowledge that I have read and agree to be bound by the terms and conditions of the policy statement on the reverse of this form. Donor's Signature Date Signature of Authorized Agent Title Date of Ocoee Historical Commission, Inc. Donor Provided Valuation Accession No. Description (copy of appraisal attached for objects with value greater than $250.00) e CONDITIONS GOVERNING GIFTS RELATING TO WITHERS - MAGUIRE HOUSE MUSEUM All donations may be tax deductible to the full extent provided by applicable law. According to the Internal Revenue Service code, donors are solely responsible for the appraised value for any donation and that benefiting institutions cannot provide appraisals or estimates of fair market value. Consequently, the Ocoee Historical Commission and the City of Ocoee cannot provide appraisals or fair market value evaluations either expressed or implied for donations. The Ocoee Historical Commission recommends that the donor consult with their attorney, the Internal Revenue Service or a licensed appraiser should any questions concerning tax deductible donations or appraisals arise. The collections in the Withers- Maguire House Museum are composed of objects used in historical research and used to illustrate aspects of area history. It is intended that objects in this collection be preserved for as long as possible. The Withers- Maguire House Museum is a living institution and must change with time. With this fact in mind, the Ocoee Historical Commission eagerly accepts donations made free of any trust, obligation or condition of any character. In some circumstances the Ocoee Historical Commission may decide that an object is no longer useful or desirable to the Withers- Maguire House Museum and has the authority to recommend to the City of Ocoee to dispose of the object in anyway deemed best for the institution. Because of the inevitable damage caused by ultraviolet radiation, heat and humidity which affects artifacts or specimens on exhibit, these items are routinely rotated from exhibit to controlled storage conditions. For these reasons there can be no guarantee that any item will be displayed at any one time or that any item will remain on exhibit permanently. ACKNOWLEDGEMENT OF GIFT The undersigned hereby acknowledges receipt of the object(s) set forth in the foregoing Withers- Maguire House Museum Deed of Gift, a copy of which is attached hereto and incorporated hereby this reference. No goods or services were provided by the Ocoee historical Commission or the City of Ocoee, in whole or in part, for any or all of the object(s) contributed. All objects donated are located at the Withers - Maguire House Museum, whose address is 16 East Oakland Avenue, Ocoee, Florida 34761. Signature of Authorized Agent Title Date of Ocoee Historical Commission, Inc. CASV DOCS1000E wmERs.rrn1iamI9l1IWo15I0PshdP Attachment "2" WITIIERS-MAGUIRE HOUSE MUSEUM COAOWSSIOn& Dva ARTIFACT REGISTRATION FORM Date Member Completing Form: 1. Artifact Classification 2. Accession # 3. Artifact Type 4. Date/Age of Artifact 5. Donor Name 6. Estimated Value: $ 7. Terms of Donation (check) conditional, unconditional 8. Artifact Description: A. Dimensions: L W H B. Artifact Material (check ALL those applicable) metal : iron steel silver _ gold other ceramic glass wood bone stone plastic textile : cotton wool linen silk synthetic other paper : books newspaper letters_ other photographs other C. Remarks: Artifact Description: 9. Associated Information: 1. Complete Incomplete 2. Assembled Disassembled 3. Whole Broken Estimated Percentage Damaged _ % 4. Condition of the Artifact: Excellent - vary little deterioration or wear Good - some minor wear or deterioration Pair - moderate deterioration or wear Pow - extreme wear or deterioration 5. Restoration /Preservation Recommendations: Normal preservation procedures Pundgation Cleaning Repair Artifact condition prolldbitive to dsaning or repair 6. Remarks: 7. Photo: cAwrsnuoca\ocoMwrrrERs.rsaz 1wisss praxis 1nre4 Attachment "3" WITHERS- MAGUIRE HOUSE MUSEUM TEMPORARY RECEIPT CO IS`'' Wi INC. Lender Name Street Address City State ZIP :: > ..... ' ..:.... .: :.::::::., >.;. Phone TERMS AND CONDITIONS: 1. The Ocoee Historical Commission will exercise the same precautions and use the same care with respect to the object(s) listed below as it does for the safekeeping of the Withers - Maguire House Museum collection. 2. Unless the Ocoee Historical Commission is notified in writing to the contrary, the object(s) may be photographed for the Ocoee Historical Commission's own purposes. The Ocoee Historical Commission will not clean, restore, or otherwise alter the object(s) without the consent of the Owner. 3. If the ownership of the object(s) shall change while it is in the possession of the Ocoee Historical Commission, whether by reason of death, sale, insolvency, gift, or otherwise, the new owner shall be required to establish his /her legal right to receive the object(s) by proof satisfactory to the Ocoee Historical Commission and the City of Ocoee prior to receipt of such object(s). 4. The Ocoee Historical Commission shall make the object(s) available to be picked up by the owner on the date specified below and shall not be responsible to mail, ship or otherwise deliver the object(s) to the owner. 5. The Ocoee Historical Commission and the City of Ocoee shall not be responsible for any damage or loss to the object(s) while in the possession and /or control of the Ocoee Historical Commission and the owner herbs waives any claim for Toss against the Ocoee Historical Commission or the City. Description of Object Purpose (i.e. consideration as gift or purchase, study, identification) The undersigned acknowledges reading the foregoing and agrees to the terms and conditions set forth herein. Owner Date Ocoee Historical Commission Date Representative DATE OBJECT(S) DELIVERED: DATE OBJECTS) TO BE RETURNED: coins mocmocommmunts .naimasoliewoisinra4 Attachment "4' Accession Number • „fi WITHERS- MAGUIRE HOUSE MUSEUM R INCOMING LOAN FORM Lender Name .� Street Address City State ZIP Phone Loan Term From: to Accession No. Object Appraised Value Artifact is insured by I l Lender (copy of certificate of insurance attached) I 1 City of Ocoee (copy to be provided to insurance carrier to be included in City Policy) Date provided: Value of Object 1 1 Copy of appraisal attached Date copy submitted to City insurance carrier: By signing this form both the lender and the borrower attest that they have read and agree to the conditions stated on the reverse of this form. Loan Initiation Loan Return Lender Date Lender Date Ocoee Historical Commission Date Ocoee Historical Commission Date Representative Representative LOAN CONDITIONS The Lender is the individual or organization furnishing the object(s) for a temporary period to the Ocoee Historical Commission and the City of Ocoee 1. The loan period may not exceed one year, however, loans may be renewed annually upon written notification of both parties. 2. The Lender agrees to notify the Ocoee Historical Commission in writing within (30) Days of a change of address. The lack of written notification on the part of the lender shall constitute forfeiture of the loaned object to the City of Ocoee and any further claim of title to the objects indicated on the Incoming Loan Form and on any addendum thereto, in effect making the loan an unconditional donation. If the loan becomes an unconditional donation, the Lender, its assigns and heirs, unconditionally gives, donates, bestows and sets over all rights, titles and literary and copyrights held by them in and to the object(s) to the City of Ocoee to be retained, exhibited, loaned or disposed of in such manner as, at the discretion of the City of Ocoee, is in the best interests of the City of Ocoee and its responsibilities to the public. 3. The Ocoee Historical Commission will make two documented written notifications to the Lender whose signature appears on the reverse of the Incoming Loan Form. The second notice shall be sent no earlier than fifteen (15) days but not later than thirty (30) days after the date of the first notice. If within thirty (30) days after the second notification the Lender does not contact the Ocoee Historical Commission, then the items in question will become an unconditional donation with the same Conditions as provided in Paragraph 2 above. 4. In the event the Lender will maintain the insurance coverage on the object for the duration of the loan, the Lender must provide evidence of such insurance to the Ocoee Historical Commission and the City of Ocoee at the time of the loan. If the Lender elects to maintain his/her /its own insurance coverage, then prior to shipping, the Ocoee Historical Commission and the City of Ocoee must be supplied with a Certificate of Insurance from the Lender's insurance company naming the Ocoee Historical Commission and the City of Ocoee as an additional insured. The City of Ocoee shall not be responsible for error or deficiency in information furnished to the Lender's insurer or for any lapses in coverage. 5. If insurance is waived by the Lender, this waiver shall constitute agreement of the Lender to release and hold harmless the Ocoee Historical Commission and the City of Ocoee from any liability for theft, damage to or loss and deterioration of the loaned object. It is the responsibility of the Lender to notify the Ocoee Historical Commission and the City of Ocoee of changes in insurance valuations or insurance coverage thirty (30) days prior to the effective date of such change. 6. The right of the Ocoee Historical Commission to return any incoming loan object shall occur absolutely on either the expiration of the term of the loan, or when the Ocoee Historical Commission no longer desires the loan. In such event, a written notice shall be provided to the Lender. If the Lender does not withdraw such loan objects within thirty (30) days from the date of such notice, the Ocoee Historical Commission shall exercise the same care with respect to incoming loan objects that it does in the safekeeping of comparable property in the Withers- Maguire House Museum collection. 7. In the event the Ocoee Historical Commission does not receive a written response from the Lender upon the expiration or termination of the Loan after proper notice has been sent by the Ocoee Historical Commission, then such failure to withdraw the loaned object shall constitute forfeiture of the loaned object to the City of Ocoee and any further claim of title to the objects indicated on the Incoming Loan Form. 8. The City of Ocoee and the Ocoee Historical Commission shall not be responsible for any damage to a particular item incurred during the loan period. NOTIFICATION: NOTIFICATION DATE DATE RESULTS RESULTS LETTER ATTACHED LETTER ATTACHED CMVPl11DOCSOCOIDAW Rf ER8.FN4 1 9/19/95 I WOO IDPB:dP Attachment "5" IOCOEE WITHERS- MAGUIRE HOUSE MUSEUM PHOTOGRAPHIC REPRODUCTION AGREEMENT Name Organization • Street Address City State ZIP Phone PURPOSE: It Is agreed that photographic reproductions wil be made/purchased under the following conditions: 1. Payment of the Photographic Reproduction fee set by the Curator in full is required prior to ordering reproductions. 2. Reproductions arrangements will be made or approved by museum personnel. 3. Copy negatives and/or slides are the property of the City. 4. Permission is for one -time use only. A photographer must obtain prior written permission from the Curator, for each publication, republication, broadcast, display, or other public use of images of the Collection or intenors. The City shall retain all rights to the photos and they must not be used for any purpose other than that listed on the permission form. 5. Objects shall not be moved from their locations except to accommodate photographers by prior arrangement with the Curator and no object may be removed from the Withers- Maguire House Museum without the prior approval of the City. 6. Photographs may not be altered by cropping or other means without the permission of the Curator. 7. Photographs will be identified with titles /captions provided by the museum and must be credited in all publications and exhibits as follows: 'Courtesy of the Withers-Mayu/re House Museum of Ocoee, Florida'. The credit line should appear near the photo, or if the publication or display has a separate credit section, it must adequately indicate the location of the image with the publication or display. 8. The Curator shall receive a copy of each publication in which one of its images appears without charge. Such publications shall be mailed immediately upon release to the Curator. 9. The Curator reserves the right to refuse to grant permission and /or provide photographic reproductions to publishers and individuals who have not complied with its polities. I agree to the conditions listed above: patron 1 Approved by: Date talk c:�tm i TnocsOCOtMwmaes.PSts 110/31095 I IMO'S IDPBwilp