2362 Agreement for Display of Art at City FacilitiesThe item(s) noted below is/are attached and forwarded to your office for the following action(s):
❑
Development Order
❑
❑
Final Plat (original mylars)
❑
❑
Letter of Credit
❑
❑
Maintenance Bond
❑
Ordinance
❑
Performance Bond
❑
Resolution
Once completed, please:
❑ Return original
❑ Return copy
1-1 -- - -
Special Instructions:
Mayor's signature
Recording
Rendering
Safe keeping (Vault)
Please advise if ou have any questions regarding the above.
Thank you!
From
AGREEMENT FOR DISPLAY OF ART AT CITY FACILITIES
rrN
This AGREEMENT FOR DI PLAY OF ART AT CITY FACILITIES is made this
day of August, 2021 by and between the City of Sanford, Florida ("City"), a municipal
corporation of the State of Florida,twhose address is 300 North Park Avenue, Sanford,
Florida 32771, and the Central Florida Watercolor Society, Inc. (the "CFWS"), a Florida
not for profit corporation, whose principal address is 4509 Fontana Street, Orlando,
Florida 32807, and whose mailing address is Post Office Box 941512, Maitland, Florida
32794-1512.
WITNESSETH:
WHEREAS, both the City and the CFWS believe public art is a tremendous asset
to the City and the Sanford community; and
WHEREAS, the CFWS has arranged for numerous artists to provide the CFWS
the possessory and 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 loan of the works of art under terms and
conditions herein set forth:
NOW, THEREFORE, parties agree as follows:
Section 1. The CFWS hereby loans the art works, as described in Exhibit "K,
to the City, and the City hereby accepts loan of art works under terms, qualifications
and conditions as set forth in this Agreement. The CFWS 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 subject display and exhibit. The City plans on the exhibit and display
as follows:
The location of the display: City Commission Chambers or other City facility.
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 August 31, 2021 until November 30, 2021.
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 Manager is objectionable, unsafe
or not suitable for display at a City facility.
Section 2. The CFWS, by this loan to the City of works of art, does not, and
shall not, receive any compensation or renumeration and the CFWS, not the City, has
engaged in all agreements and relationships with the individual artists and the City has
no responsibility for such agreements and relationships.
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Section 3. The CFWS shall be responsible for transporting the art works to and
from City Hall. The City is responsible for set up, installation and take down of works of
art.
Section 4. The City retains right to relocate the works of art to different facilities
of the City.
Section 5. Either party may terminate the long term loan at any time, for any
reason, by providing 30 days' written notice to the other party. Upon termination, the
CFWS will promptly remove the art works from the facilities of the City
Section 6. Liability. The CFWS 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 art works while on display at City
facilities, and further waives any claim that the CFWS or any individual artist may have
against the City, its agents, officials, officers and employees, should any loss, vandalism,
theft, damage or destruction occur to his or her work while on display at a City facility.
The CFWS agrees to assume all liability for its negligence and the negligence of its agents
and personnel, as well as the artists, for damages to persons, property and City facilities
and further agrees to indemnify and hold the City, its agents, officials, officers and
employees, harmless from any and all liability that may arise by reason of the art display
and exhibit at City facilities, including but not limited to, injury to persons and property,
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 or than those in respect of which it is invalid or unenforceable, shall not be
affected reby, 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, or 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
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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 scope or intent
of this Agreement or any part thereof, or in any way affect this Agreement or construe any
provision of this Agreement.
, ment.
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.
Section 12. Notices. Notices shall be made to the following addresses, unless
otherwise provided for in writing:
City:
Lisa Holder, MPA
Communications Officer
City Managers Office
City Hall
300 North Park Avenue
Sanford, Florida 32771
CFWS:
Pamela Merle
Post Office Box 941512
Maitland, Florida 32794-1512
Section 13. Remedies. The rights and remedies of parties, provided for under
this Agreement, are in addition to any or 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 Cquit in and for Seminole
County, Florida. This Agreement shall not be construed or interpreted more strictly
against any one party than against any or party and all provisions shall be applied to fulfil
the public interest.
IN WITNESS WHEREOF, the City and the CFWS have executed this instrument
for purpose herein expressed and the CFWS represents and affirms that the signatories
below have full and lawful authority to bind the CFWS in every respect.
Entered this q day of August, 2021.
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AttestfWitnesses:
(jj Zvk'�L
Charlotte Cipes
Co -President
Mary D
rya
SecretarY
Attest:
0
FO E W
Traci Houchin, MMC, FCRM
City Clerk
For use and reliance of the City of
Sanford only, approved as to form
and legality.
I � I )" "�� '
William L. Colbert, City Attorney
CENTRAL FLORIDA WATERCOLOR
SOCIE1Y, INC.
By:(4A
Pam�era Merle
Co -President
CITY OF SANFORD,
A trfttt (U -if
Mayor
Dated:
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