HomeMy WebLinkAbout2528 Agreement for Display of Art at City Facilitiesr
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AGREEMENT FOR DISPLAY OF ART AT CITY FACILITIES
This AGREEMENT FOR DISPLAY OF ART AT CITY FACILITIES is made this 29th day
of November, 2023 by and between the City of Sanford, Florida ("City"), a municipal corporation
of the State of Florida, whose address is 300 North Park Avenue, Sanford, Florida 32771, and
the District Board of Trustees of Seminole State College of Florida ("College"), a political
subdivision of the state of Florida, whose address is 100 Weldon Boulevard, Sanford, Florida
32773.
WITNESSETH:
WHEREAS, both the City and the College believe public art is a tremendous asset to the
City and the Sanford community; and
WHEREAS, the College has arranged for a selection of art pieces by individual students
of the College detailed in Exhibit "A", which is attached hereto and incorporated herein by this
reference to the document; and
WHEREAS, the City is willing to accept the loan of the works of art under the terms and
conditions herein set forth:
NOW, THEREFORE, the parties agree as follows:
Section 1. The College hereby loans the works of art, as described in Exhibit "A", to
the City on behalf of the students, and the City hereby accepts the loan of the works of art under
the terms, qualifications and conditions as set forth in this Agreement. The College acknowledges
and understands this Agreement is non-exclusive in nature and that the City may in its sole
discretion permit other artists to display and exhibit their works in City Hall and other City facilities
at the same time of the subject display and exhibit. The City plans on the exhibit and display as
follows:
The location of the display: City Hall 2nd Floor, Mayor's Gallery.
Nature of art to be displayed: See Exhibit "A".
Number of art pieces to be displayed: See Exhibit "A".
Duration of exhibit and display: From December 18, 2023 until May 01, 2024. The parties
may modify the duration of the exhibit and display by addendum to this agreement.
The City reserves the right to reject or prohibit all or any part of the exhibit and display at City
facilities that in the sole determination of the City is objectionable, unsafe or not suitable for display
at a City facility.
Section 2
loan to the City
renumeration.
I I P a g e
The College and each student represented herein by the College, by this
of the works of art, does not, and shall not, receive any compensation or
Section 3. The College shall be responsible for transporting the works of art to and
from City Hall. The City is responsible for set up, installation and take down of the works of art.
Section 4. The City retains the right to relocate the works of art to different facilities of
the City.
Section 5. Either party may terminate this agreement at any time, for any reason, by
providing thirty (30) days' written notice to the other party. Upon termination, the College will
promptly remove the works of art from the facilities of the City.
Section 6. Liability. The College assumes full liability for the works of art and hereby
releases the City, its agents, officials, officers and employees, from any liability for loss,
vandalism, theft, damage or destruction of the works of art while on display at City facilities, and
further waives any claim that the College or individual students represented herein may have
against the City, its agents, officials, officers and employees, should any loss, vandalism, theft,
damage or destruction occur to the artwork while on display at a City facility. Subject to the limits
of § 768.28, Florida Statutes, each party agrees to assume all liability for its respective negligence,
and the negligence of its students, agents and personnel, for damages to persons, property and
facilities directly resulting from such negligence, and solely with respect to the College, the
payment of any royalties and the payment of any damages for copyright infringement.
Section 7. Severability. If any term, provision or condition contained in this
Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement,
or the application of such term, provision or condition to persons or circumstances other than
those in respect to which it is invalid or unenforceable, shall not be affected hereby, and each
term, provision and condition of this Agreement shall be valid and enforceable to the fullest extent
permitted by law when consistent with equity and public interest.
Section 8. Waiver. The failure of the City to insist upon the strict performance of any
of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms
and conditions of this Agreement by the City, shall not be construed as thereafter waiving any
such terms and conditions in the future, but the same shall continue and remain in full force and
effect as if such earlier forbearance or waiver had not occurred.
Section 9. Entire Agreement. This Agreement contains the entire understanding
among the parties. All prior negotiations have been merged into this Agreement and there are no
understandings, representations, or agreements, oral or written, express or implied, other than
those set forth herein. This Agreement shall not be modified or amended except by an agreement
in writing signed by the parties. Any modification of this Agreement or additional obligation
assumed by either party in connection with this Agreement shall be binding only if placed in writing
and signed by each party or an authorized representative of each party.
Section 10. Captions. The section headings and captions of this Agreement are for
convenience and reference only and in no way define, limit, describe the scope or intent of this
Agreement or any part thereof, or in any way affect this Agreement or construe any provision of
this Agreement.
Section 11. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original, but all of which, taken together, shall
constitute one and the same document.
2 1 P a g e
Section 12. Notices. Notices shall be made to the following addresses, unless
otherwise provided for in writing:
City:
Lisa Holder, MPA
Chief Communications and Cultural Affairs Administrator
City Manager's Office
City Hall
300 North Park Avenue
Sanford, Florida 32771
College:
Dr. Michele Cuomo
Academic Dean, Arts and Communication
100 Weldon Boulevard
Sanford, Florida 32773
Section 13. Remedies. The rights and remedies of the parties, provided for under this
Agreement, are in addition to any other rights and remedies provided by law or otherwise
necessary in the public interest.
Section 14. Governing Law, Venue and Interpretation. This Agreement is to be
governed by the laws of the State of Florida. Venue for any legal proceeding related to this
Agreement shall be in the Eighteenth Judicial Circuit Court in and for Seminole County, Florida.
This Agreement shall not be construed or interpreted more strictly against any one party than
against any other party and all provisions shall be applied to fulfill the public interest.
IN WITNESS WHEREOF, the City and the College have executed this instrument for the
purpose herein expressed and the College represents and affirms that the signatory below has
full and lawful authority to bind the College in every respect.
Entered this 29th day of November, 2023.
DISTRICT BOARD OF TRUSTEES OF
SEMINOLE STATE COLLEGE OF FLORIDA
Gsomi { Lorenz
By: Geor�z f0- 15 2013 11:19 FST)
Dr. Georgia Lorenz
President
Dated: Dec 15, 2023
Approved as to Form and L@gafi
By:= Date: 12/14/23
Jonathan. Squires, Esq.
Associate (general Counsel
Seminoie State College
Georgia Lorenz
President
31 Page
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Fall 2023
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Greg Freeman
Work and Play
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Gregg Figura
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Lucinda Carlstrom
The Velveteen Rabbit
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Lisa Cannavino
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Cane Boil
Best of Show
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Jessica Burke
Paul as Sodapop Curtis of The
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Bernard Buffet
Des Tournesols
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Peggy Banks
Handmade Paper & Clay
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Mark Gorman
Bird's Nightmare
Pencil and Acrylic
Best of Show
1989
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Margaret Gray
Woman in Blue
Watercolor
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1987
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Leland Lang
Autumn Spirit
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Ricardo Mejias
Paved with Good Intentions
Best of Show
2013
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Tetan Tarrango
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Sanford City Hall/SSC Artwork
Final Audit Report 2023-12-15
Created: 2023-12-15
By: Michele Cuomo (cuomom@seminolestate.edu)
Status: Signed
Transaction ID: CBJCHBCAABAASks73EAZeNj5xRxGOlwgUgwgO7xyPqum
"Sanford City Hall/SSC Artwork" History
Document created by Michele Cuomo (cuomom@seminolestate.edu)
2023-12-15 - 3:59:36 PM GMT- IP address: 216.120.209.109
Document emailed to Albert Little (littleap@seminolestate.edu) for signature
2023-12-15 - 4:01:18 PM GMT
j Email viewed by Albert Little (littleap@seminolestate.edu)
2023-12-15 - 4:16:38 PM GMT- IP address: 107.139.210.195
&0 Signer Albert Little (littleap@seminolestate.edu) entered name at signing as Georgia Lorenz
2023-12-15 - 4:18:02 PM GMT- IP address: 107.139.210.195
6� Document e -signed by Georgia Lorenz (littleap@seminolestate.edu)
Signature Date: 2023-12-15 - 4:18:04 PM GMT - Time Source: server- IP address: 107.139.210.195
® Agreement completed.
2023-12-15 - 4:18:04 PM GMT
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