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2510 Agreement for Display of Art at City Facilities�NroRO CITY OFU SkNFORD FST. 1 a i� FLORIDA AGREEMENT FOR DISPLAY OF ART AT CITY FACILITIES Si+This AGREEMENT FOR DISPLAY OF ART AT CITY FACILITIES is made this - day of Abgrast, 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 Will Benton ("Owner"), whose address is 221 East Colonial Drive, Orlando, Florida 32801. WITNESSETH: 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, the parties agree as follows: Section 1. The foregoing recitals are hereby incorporated herein by this reference and are a material part of this Agreement. Section 2. 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 October 3, 2023 until January 31, 2024. 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 3. The Owner, by this loan to the City of the works of art, does not, and shall not, receive any compensation or renumeration. Section 4. 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. 11 Page Section 5. The City retains the right to relocate the works of art to different facilities of the City. Section 6. 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 7. 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 8. 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 9. 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 10. 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 11. 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 12. 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 13. Notices. Notices shall be made to the following addresses, unless otherwise provided for in writing: 2 1 P a g e City: Lisa Holder, MPA Chief Communications and Cultural Affairs Administrator City Manager's Office City Hall 300 North Park Avenue Sanford, Florida 32771 Will Benton: Will Benton 221 East Colonial Drive Orlando, Florida 32801 Section U. 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 15. 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 day of August, 2023. AttestfWitnesses: By -7 Printed Name: W Benton Printed Name.- Attest: ame:Attest: CITY OF ANFO D By - Traci Houchin, MMC, FCRIM A odrdff City Clerk Mayor r, Dated: r' Wili Benton - Artist Professional classical pianist, organist, vocalist with primary focus in Church music and education. Pianistlorganist Park Lake Presbyterian Church 2004 to present Visual Artist with interest in Abstract and non-representational painting. Executive Director FAVO (Faith Arts Village Orlando) 2011 to present As with my music, painting goes deep within my soul searching for answers to all kinds of questions. I'm always looking for that next great piece of music to learn and perform or the next inspirational medium in painting. A smile or tear can be one melody or brush stroke away from a masterpiece. WillArtOrland0 original paintings start with a base of either canvas, wood, glass or metal. Venetian Plaster is always used for texture and design Texture is applied with special tools Acrylic paints Mixed media can include paper, glass, wood, metal and barb wire Finishes can be varnish or Epoxy For additional information contact Will Benton 407-222-1231 WillBenton@FaithArtsVillage.com In All That He Does He Prospers (tree series) Venetian plaster for texture, acrylic paint, wood and epoxy Four gallery wrapped canvases in a custom floater frame 64"x100" $8,600.00 V �t In All That He Does He Prospers (tree series) Venetian plaster for texture, acrylic paint, wood and epoxy Four gallery wrapped canvases in a custom floater frame 51 "x75" $5,200.00 r , i Out Of The Loop (series) Venetian plaster for texture, acrylic paint gallery wrapped canvas in a custom floater frame 60"x72" Out Of The Loop (series) Venetian plaster for texture, acrylic paint N _ Four gallery wrapped canvases in a custom floater frame 48"x72" $3,500.00 Ilx L iIIINHIf °0'� Out Of The Loop (series) Venetian plaster for texture, acrylic paint gallery wrapped canvas 48"x60" $2,800.00 j I \tel aR Mid Century Universe (series) Venetian plaster for texture, acrylic paint gallery wrapped canvas 48"x60" $2,800.00 Mid Century Universe (series) Venetian plaster for texture, acrylic paint gallery wrapped canvas 48"x60" $2,800.00 Mid Century Universe (series) Venetian plaster for texture, acrylic paint gallery wrapped canvas 40"x44" (not framed) $1,700.00 Coasters (series) two total Venetian plaster for texture, acrylic paint, metal oxidizing paint, soft pastels6 z_ gallery wrapped canvas 30"x40" each $1,200.00 each Contained (series) Venetian plaster for texture, acrylic paint, epoxy gallery wrapped canvas 48"x60" $2,800.00 Contained (series) Venetian plaster for texture, acrylic paint gallery wrapped canvas 48"x60" $2,800.00 Contained (series) Venetian plaster for texture, acrylic paint, epoxy gallery wrapped canvas 48"x60" $2,800.00 Venetian plaster for texture, acrylic paint, epoxy gallery wrapped canvas 24"x24" each $550.00 each