2472 Agreement for Display of Art at City Facilitiesoroa�
T.FLORIDA
AGREEMENT FOR DISPLAY OF ART AT CITY FACILITIES
,This
- AGREEMENT FOR DISPLAY OF ART AT CITY FACILITIES is made this � day
1 ��
of , 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
William W. Tippit ("Owner"), whose address is P. O. Box 1061, Apopka, Florida 32704.
WHEREAS, both the City and the Owner believe public art is a tremendous asset to the
City and the Sanford community; and
WHEREAS, the Owner has arranged for a selection of art pieces 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, parties agree as follows:
Section 1. The Owner hereby loans the works of art, as described in Exhibit "A", to
the City, 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 Owner 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 Commission Chambers and/or City Hall main lobby.
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 March 1, 2023 until May 30, 2023.
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. The Owner, by this loan to the City of the works of art, does not, and shall
not, receive any compensation or renumeration.
Section 3. The Owner 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.
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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 Owner will promptly
remove the works of art from the facilities of the City.
Section 6. Liability. The Owner 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 Owner 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. The Owner agrees to assume all liability for his negligence, and
the negligence of his agents and personnel, 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 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.
Section 12. Notices. Notices shall be made to the following addresses, unless
otherwise provided for in writing:
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City:
Lisa Holder, MPA
Chief Communications and Cultural Affairs Administrator
City Manager's Office
City Hall
300 North Park Avenue
Sanford, Florida 32771
William W. Tippit:
William W. Tippit
P. O. Box 1061
Apopka, Florida 32704
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 Owner have executed this instrument for the
purpose herein expressed and the Owner represents and affirms that the signatories below have
full and lawful authority to bind the Owner in every respect.
Entered this y day of February, 2023. -
Attest/Witnesses:
By:
William W. Tippit
For use and reliance of the City of
Sanford only, approved as t orm
and legality.
By:
Willi m L. Colbert, City Attorney
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