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2528 Agreement for Display of Art at City Facilitiesr �i�rp;FUnrj �`G OF f FLORIDAS,kNFORD 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 CITY OF By: 41 Art , u aybr;,.,.:. 20 �Z- 2j �K. g° SEMINOLE STATE COLLEGE IWA R ! 0 A Gallery Exhibit at City Hall Fall 2023 1 x: 5 � � 4 Cay Gibian Drawing Donation by Dr. Karen Copp, 2011 2 Greg Freeman Work and Play ^; Pencil sk S1 p � �T.. 3 Gregg Figura Images Embossed Print Best of Show ° 1977 l R y�'� 1, -1409M 4 0 AA�h r Lucinda Carlstrom The Velveteen Rabbit Mixed Media 5 Lisa Cannavino ' Cane Boil Best of Show A-, 1993 t:iil 6 Jessica Burke Paul as Sodapop Curtis of The Outsiders Graphite on Arches HP K� r. ' 2011 7 Bernard Buffet Des Tournesols Lithograph J ,t. a` i 44 ee,, I L r _ 8 Peggy Banks Handmade Paper & Clay •� _ a 9 Mark Gorman Bird's Nightmare Pencil and Acrylic Best of Show 1989 `7. 10 - - Margaret Gray Woman in Blue Watercolor i M _ bebe Jeff Hen± e _ Mixed Media -Crayon, India Ink 1987 � r . \•�2 . � . � � 2�\��_—.� 12 . ) L ba # no \� ] 13 '`"' Leland Lang Autumn Spirit i; 14 Ricardo Mejias Paved with Good Intentions Best of Show 2013 20 Tetan Tarrango +. The Grandmother Series f k t Number 263 of 300 Yom. @ �d A �S9JV 21 v , P, Uknown ip G� i1 � ., •Y. J4 A4�f �',. m� 22 Uknown 1t AFir. i r 7 23 — Virgil Trasher Creek Side .,I •hath? � , I: .n •: to :-;:t ;�?P' � 1 26r Sharon Dolce-Okkeefe Fish Embossed Print N t 4 �a A 1y 4 w 27 James L. Koevenig Painting: Grady Kimsey Watercolor A t t� yiy t � tt �" 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 Adobe Acrobat Sign