DOWNTOWN CLEARWATER MURAL AGREEMENT WITH ROGER BANSEMER
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DOWNTOWN CLEARWATER MURAL AGREEMENT
This Mural agreement, made and entered in10 this '1t/.. day of k brtJC1u"7 ' 1998, by and among
City of Clearwater, a municipal corporation, as Owner, ("Owner") whose address is 112 S. Osceola Ave,
Clearwater. FL 34618, and ("DDB") the Clearwater Downtown Development Board, a special district
of the State of Florida, whose Post Office address is P.O. Box 1225, Clearwater, FL 33757, and Roger
Bansemer, ("Artist"), whose address is 2352 Alligator Creek Rd. Clearwater FL. 33765,
L USE OF PROPERTY' The Owner agrees to contribute the east facing exterior wall(s) of the
structure located at Cr'*'f p('(!)p.e.rt-'1 <9>'1 pll1-eII<?5 -Ire;,; I and such other portions of the
premises as the DDB deems necessary for its use during the painting and any maintenance of the mural.
See attached "Exhibit A" for a drawing of the wall.
2, TERM: The term of this agreement shall be for 60 months commencing the ~ day of ..hk'M'Y
,1998 and ending on the l day of ----Eib~, af ,2003,
3. MAINTENANCE OF PREMISES: Owner will, at its own expense, keep and maintain the
premises in good repair, and in a clean and orderly manner free from litter, trash and debris at all times.
The Owner may, but shall not be required to, fix any damage or deterioration ofthe mural.
4. SUCCESSORS AND ASSIGNS: This contract shall bind the Owner and its heirs, assigns,
successors, administrators, legal representatives, executors or successors, as the case may be,
5. MURAL' The consideration for this agreement is the painting of the mural which is generally
shown in "Exhibit B" attached. The Owner reserves the right to review the mural which is generally
shown on Exhibit B, and furthermore, may request to alter or remove said mural if it does not conform
with Exhibit B.
6, ARTIST: The artist shall perform or provide all services and furnish all supplies, materials and
equipment necessary for design, execution, fabrication, transportation and installation of the mural.
Artist shall present to the DDB and Owner, in advance, for further review and approval, a written
proposal for any significant changes in the scope, design, color, size, material or texture of the mural.
7, DDB: The Downtown Development Board shall provide all paint. The DDB shall arrange for
public liability, officers, and property damage insurance which may arise from operations under this
agreement.
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8. MAINTENANCE: After final acceptance of the mural, the DDB will, for as long as the work is
displayed to the public, agree to keep the mural in good cnndition and repair, and display the mural to the
public in a manner suitable to a work of fine art. The DDB may not alter the mural, but may remove the
mural in its entirety. If during the lifetime of the Artist the mural is damaged, the DDB shall notify the
Artist of the occurrence and the nature of the damage and shall afford the Artist a reasonable opportnnity
to conduct or supervise the restoration of the mural if a cost can b.e mutually agreed upon. If the Artist
and the DDB cannot agree on a cost within thirty (30) days, then the DDB shall be free to make whatever
arrangements it deems appropriate for the mural.
9. COMPE~S1TION: The DDB shall pay the Artist a firm fixed price of!-h-reL it" r~.(tl
1'1,',\{_ h,," ,iv., 0 II..v", , ($ ,q (J9J, 00> ) which shall constitute full compensation for all
services performed and ma\erials fOrnished by Artist under this Agreement, including Artist's fees. The
DDB shall pay Artist If) -f'", ) I upon Artist completing and installing
the mural, and presenting a written bill of sale conveying title and license to the mural and all drawings,
designs, maquettes and models to the DDB. The DDB will use these materials solely for exhibition and
non-commercial purposes,
10, TIME OF PERFORMANCE: The Artist agrees to exercise his/her best eff9rts to complete the
mural, .its installation and submit all documentation for final payment by {V\, v-u~ j,S , 1998,
1 L ARTIST WARRANTIES: Artist warrants the mural shall be the resnIt ofthe artistic efforts of
Artist and that, unless otherwise stipulated, the mural shall be unique, an edition of one, and not infringe
on any copyright. The Artist warrants that upon completion the mural shall be free of defects in material
and workmanship, and that the Artist shall correct any defects which appear for a period of two (2) years
from final acceptance ofthe mural, at the Artist's expense,
12. BARRICADES: Artist shall provide all barricades necessary to protect the mural and adjacent
property during the fabrication and installation of the mural.
13. INDEPENDENT CONTRACTOR: Artist is an independent contractor and nothing in this
agreement shall be construed as constituting Artist as an employee, agent or representative of the DDB.
14. INDEMNIFICATION: The DDB, and ARTIST agree to indemnify and hold harmless the
Owner from and against all claims, suits and actions by third persons by reason of personal injury, death
or property damage occurring on or about the Premises arising out of the performance of this Agreement.
This indemnification shall remain in full force and effect throughout the term of this Agreement.
Nothing contained herein shall be construed as consent by the Owner to be sued by third parties in any
matter arising out of this Agreement. Nothing herein is intended to serve as a waiver of sovereign
immunity by the Owner.
15, ENTIRE AGREEMENT: This Agreement, including attachments. constitutes the entire
agreement between the Owner, the DDB and the Artist. No change will be valid unless made by
supplemental written agreement, executed and approved by all parties.
16. ATTORNEYS FEES: In the event that either party employs an attorney to enforce any portion
of this Agreement, the prevailing party shall be entitled to reimbursement for its attorneys fees, costs and
expenses as determined by a court of competent jurisdiction in Pinellas County, Florida.
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The parties agree and sign their consent as of the day and date first written above,
By:
CITY OF CLEARWATER, FLORIDA
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By: Michael J. Roberto
City Mahager
Approved as to form:
Attest:
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John Carassas
Assistant City Attorney
Cynt 'aE. Goudeau
City lerk
ARTIST
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By: Roger Bansemer
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