AGREEMENT FOR LOAN AND TEMPORARY DISPLAY OF ARTWORK (2)AGREEMENT FOR LOAN AND TEMPORARY DISPLAY OF ARTWORK
THIS AGREEMENT FOR LOAN AND TEMPORARY DISPLAY OF ARTWORK
made and entered into this 7th day of July, 2008 by and between Bruce H. White
(hereafter called the "ARTIST") whose address is 521 East Locust Street, DeKalb, IL
60115 and the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the
State of Florida, located at 112 South Osceola Avenue, Clearwater, FL 33756 (hereafter
called the "CITY")
WITNESSETH:
WHEREAS, the ARTIST is the sole owner and creator of the items of ARTWORK that
are valued and described more fully in EXHIBIT "A" attached hereto and made a part
hereof, which items are hereinafter refened to collectively as "ARTWORK"; and
WHEREAS, the CITY wishes to display the ARTWORK temporarily along Cleveland
Street between East Avenue and Osceola Avenue in Clearwater, Florida; and
WHEREAS, the ARTIST wishes to temporarily loan for such exhibition, the
ARTWORK to the CITY for placement on certain public property along Cleveland Street
for a period of one year.
Now, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged by the parties, it is hereby agreed by and between the
parties as follows:
, t
1. RECITALS
1.1 The foregoing recitals are incorporated into and made a part of this
AGREEMENT FOR LOAN AND TEMPORARY DISPLAY OF
ARTWORK, and the parties acknowledge and agree that such recitals are
true and correct.
2. TERM
2.1 The ARTIST hereby agrees to loan and temporarily display the ARTWORK
described in EXHIBIT "A" to the CITY for outdoor placement along
Cleveland Street in Clearwater, FL, 33756 for a period of twelve (12) months
upon the terms herein provided. The period of installation and display shall
start on a date no earlier than July 1, 2008 and no later than July 11, 2008
unless mutually agreed upon by both parties. The period of display and
subsequent de-installation shall end no earlier than July 1, 2009 and no later
than July 17, 2009 unless mutually agreed upon by both parties.
3. ARTIST RESPONSIBILITIES
3.1 The ARTIST, using the ARTIST' S own personnel and equipment is fully
responsible for the costs and handling involved in the delivery of the
ARTWORK to, and the pickup of the ARTWORK from, the placement site
along Cleveland Street. The ARTIST will agree to ARTWORK installation
and removal dates with the CITY that will be during regular business hours
unless specifically agreed to by the CITY. In addition, the ARTIST is
responsible for the oversight of the installation and the de-installation of the
i f
ARTWORK by the CITY or the CITY'S agents. The ARTIST will provide
the CITY with a condition report of the ARTWORK after installation and de-
installation, confirming proper installation and de-installation and other
details as may be reasonably warranted.
3.2 The ARTIST will prepare structural drawings detailing the ARTWORK and
its integration to the concrete base. As determined by the CITY, the ARTIST
will provide to the CITY certification from a qualified, licensed engineer that
the ARTWORK will be of adequate structural integrity to sustain wind
speeds of 120 miles-per-hour occurring in three-second gusts or for a period
of time greater than four hours. The ARTWORK and the recommended
installation/de-installation process shall comply with, and the ARTIST in
performing under this AGREEMENT shall comply with all city, county, state
and federal regulations, laws, and ordinances.
3.3 Once approved by the CITY, the ARTIST will modify the ARTWORK, if
necessary, with any required hardware to attach the ARTWORK to the base.
3.4 The ARTIST represents that the ARTWORK is made of durable material and
will withstand the usual weather and climate in the area. The ARTIST
assumes all responsibility and risk for any deterioration or weathering caused
to the ARTWORK.
3.5 T he ARTIST will provide a description of a11 materials utilized in the
ARTWORK and the routine care, if any, required during the loan agreement.
, �
3.6 During the installation and de-installation periods as appropriate, the ARTIST
will be available for presentations, interviews, and ceremonies at the CITY' S
request.
3.7 The ARTIST will provide required insurance in the amounts and limits
specified in Section 8 INSURANCE.
3.8 The ARTIST represents that the ARTWORK does not utilize any protected
patent, trademark, or copyright and hereby indemnifies the CITY for any
claims related thereto.
4. CITY RESPONSIBILITIES
4.1 The CITY will determine a location for the exhibition of the ARTWORK on
Cleveland Street and will provide any information and relevant data, if any,
which is needed by the ARTIST in order to perform under this
AGREEMENT.
4.2 The CITY will prepare the site and construct a concrete base on which the
ARTWORK will be attached in accordance with the specifications detailed in
the approved structural drawings provided by the ARTIST.
4.3 Under supervision of the ARTIST, the CITY or the CITY'S agents will
install and de-install the artwork from its site on Cleveland Street.
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4.4 The CITY will be responsible for compliance with all applicable laws and
regulations and will provide required permits for the installation and de-
installation process.
4.5 The CITY will provide and install an identification plaque next to the
ARTWORK, prepared and designed by the CITY containing a credit to the
ARTIST.
4.6 The CITY will pay the ARTIST a 4 000.00 E�chibition Fee as consideration
for the services and performance hereunder, including but not limited to, the
loan, delivery, installation and de-installation supervision, and removal of the
ARTWORK. The Exhibition Fee will be paid as follows: 3 500.00 upon
delivery and installation of the ARTWORK, as accepted by the CITY, and
500.00 upon de-installation and removal of the ARTWORK, as more
particularly defined in Section 5.
5. HONORARIUM AMOUNT AND SCHEDULE OF COMPENSATION:
5.1 HONORAR IUM AMOUNT: The total honorarium amount awarded to the
ARTIST is Four Thousand Dollars ( 4 000.00) for all services under this
AGREEMENT, including, but not limited to, transportation of ARTWORK to
and from the display site, certification of ARTWORK by a licensed structural
engineer, ARTIST'S supervision of artwork installation and de-installation,
ARTIST'S presence at publicity and public information sessions, and any other
performances and services required under this AGREEMENT.
a. No charges shall be incurred under this AGREEMENT nor shall any
payments become due to the ARTIST until all reports and services, or
both, required under this AGREEMENT are received from the
ARTIST and approved by the CITY as being in accordance with this
AGREEMENT. The final payment of the honorarium is due and
payable when the ARTWORK is fully removed from the display site
and a final invoice is submitted by the ARTIST.
b. In no event shall the CITY be liable for interest or late charges for any
late payments.
5.2 SCHEDU LE OF COMPENSATION: The CITY agrees to make payments to
the ARTIST according to the schedule and conditions set forth below:
a. lnitial dispersal pavment: 3 500.00
ARTIST requirements for payment: Transportation of the ARTWORK,
and supervision of the installation of ARTWORK to the display site for
the duration of the period of display; ARTIST'S appearance at all pre-
arranged publicity and information sessions as requested by the CITY.
b. Final dispersal pavment: 500.00
ARTIST requirements for payment: Supervision of de-installation of, and
removal transportation of the ARTWORK from the display site following
the period of display, and appearance at all pre-arranged publicity and
information sessions as requested by the CITY.
6. DISPLAY OF ARTWORK, BARRIER AND SIGNAGE:
6.1 D ISPLAY OF ARTWORK: During the period of the CITY'S display of the
ARTWORK pursuant hereto, the CITY shall make the ARTWORK available
for viewing by the public without charge at such location along Cleveland
Street as the CITY deems appropriate. The CITY shall not charge any
admission fee or similar fee as a condition of viewing the ARTWORK.
6.2 BARR IER AND SIGNAGE:
a. At all times while the ARTWORK is on display the CITY may install
such physical barrier as the CITY, in its sole discretion from time to time,
deems appropriate in an attempt to prevent unauthorized persons from
touching the ARTWORK; provided, however, that the CITY does not
warrant or guarantee in any manner that unauthorized touching of the
ARTWORK will not occur. Additionally, the CITY may post signage as
the CITY, in its sole discretion determines to be appropriate, indicating
that touching the ARTWORK is prohibited.
b. At times while the ARTWORK is on display pursuant to the terms hereof,
the CITY will post an identification plaque next to the ARTWORK,
prepared and designed by the CITY, identifying the ARTIST and title of
the ARTWORK.
7. RISK OF LOSS
7.1 The ARTIST shall bear all risk of loss or damage to the ARTWORK
including, but not limited to, theft, vandalism or any other act by a third
party, and damage caused by acts of god, war, or natural conditions/disasters
including, but not limited to, floods, hurricanes, tornadoes, lightning, and any
loss occurring during the storage, transportation, delivery, installation, de-
installation, and removal of the artwork, regardless of where such loss occurs.
8. INSURANCE:
8.1 RE� IRED INSURANCE: The ARTIST shall place and maintain for the
periods prior to, during, and after the installation, de-installation, and removal
of the ARTWORK, and pay the cost thereof, the following insurance policies:
a. Worker's Com�ensation and Em�loyer's Liabilitv Insurance: If the
ARTIST has employees, the ARTIST shall procure and maintain statutory
Worker's Compensation Insurance and Employer's Liability Insurance
with limits of no less than $300,000 per occurrence for the jurisdiction
where the work is being performed and provide a waiver of subrogation
against the CITY. If the ARTIST has no employees as defined by Florida
Statues and Regulations the ARTIST shall submit a letter stating it is
exempt from this requirement, said letter to be incorporated into and
become a part of this Agreement.
b. General Liability Insurance: The ARTIST shall procure and maintain
General Liability Insurance, with limits of not less than $1,000,000 for
per occurrence, Combined Single Limit for Bodily Injury and Property
Damage, including Contractual Liability, Personal Injury, Products and
Completed Operations. The ARTIST shall obtain such insurance prior to
transporting or installing the ARTWORK at the display site.
c. Automobile Liability Insurance: If the ARTIST is an individual, the
ARTIST shall purchase and maintain Automobile Liability Insurance
with limits of $500,000 including coverage for owned, non-owned, and
hired vehicles as applicable. Such coverage shall remain in force for
those times in which a vehicle is used for transportation, installation, de-
installation, modification, repair or removal of the artwork.
8.2 CERT IFICATES OF INSURANCE: The ARTIST shall, at the CITY'S
request, provide certificates of insurance evidencing Worker's Compensation,
Employer's Liability, General Liability, and Automobile Liability prior to the
installation of the ARTWORK. If any insurance policy is due to expire
during the period of installation, the ARTIST shall provide a certificate of
renewal evidencing the required insurance coverage to the CITY not less than
fifteen (15) days prior to the expiration date.
9. INDEMNIFICATION AND NOTICE:
9.1 I NDEMNIFICATION: The ARTIS�' agrees to indemnify and hold free and
harmless, assume legal liability for and defend the CITY and its officers,
employees, agents, and servants, whether they are current or former, from and
against all actions, claims, liabilities, assertions of liability, losses, costs, and
expenses, in law or in equity, including but not limited to attorneys' fees at
trial and appellate levels, reasonable investigative and discovery costs, court
costs, or claims for bodily injury or death of persons and for loss or damage
to property, except as provided for herein, of every kind and nature
whatsoever, which in any manner directly or indirectly may arise or be
alleged to have arisen, from the installation, de-installation, or display of the
ARTWORK or as a result of the duties and obligations as required by this
AGREEMENT or that which has resulted or alleged to have resulted from the
negligent acts or omissions or other wrongful conduct of, or the infringement
of any copyright by, the ARTIST and/or its subcontractors, employees, and
agents in connection with the ARTIST'S performance pursuant to this
AGREEMENT.
a. This indemnification shall survive the termination or expiration of this
AGREEMENT.
9.2 NOT ICE: Each party shall immediately notify the other of any written claim
regarding any matter resulting from or relating to the party's obligations
under this AGREEMENT. Each party shall cooperate with the other in the
defense or investigation of any such claim arising out of or relating to the
performance of this AGREEMENT.
10. WARRANTIES OF TITLE, QUALITY, AND CONDITION:
10.1: WARRANTY OF TITLE: The ARTIST represents and warrants that:
a. The ARTWORK is solely the result of the artistic effort of the ARTIST;
b. The ARTWORK is unique and original and does not infringe upon any
copyright;
c. The ARTWORK is free and clear of any liens from any source
whatsoever.
10.2 WARRANTY OF QUALITY AND CONDITION: The ARTIST represents
that all work has been and will be performed in accordance with professional
"workmanlike" standards and free from defective or inferior materials and
workmanship (including any defects consisting of "inherent vice" or qualities
that cause or accelerate deterioration of the ARTWORK) for the duration of
the display or one (1) calendar year, whichever is longer.
a. The ARTIST represents and warrants that the ARTWORK and the
materials used are not currently known to be harmful to public health
and safety;
b. The ARTIST represents and warrants that reasonable maintenance of
the ARTWORK will not require procedures substantially in excess of
those described in the maintenance recommendations submitted to the
CITY by the ARTIST;
c. If within the period of the display the CITY observes any breach of
warranty described in this Section 10.2 that is curable by the ARTIST,
the ARTIST shall, at the request of the CITY; cure the breach
promptly, satisfactorily, and consistent with professional conservation
standards, at no expense to the CITY. The ARTIST shall have the
right to first refusal to make or supervise such repairs or restorations.
Should the ARTIST be unavailable or unwilling to cure the breach
consistent with professional conservation standards the CITY may
terminate this AGREEMENT. The CITY sha11 give notice to the
ARTIST of any such breach with reasonable promptness.
d. If within the period of display the CITY observes a breach of warranty
described in this Section 10.2 that is not curable by the ARTIST, the
ARTIST is responsible for reimbursing the CITY for damages,
expenses, and loss incurred by the CITY as a result of the breach and
shall remove the ARTWORK immediately if directed by the CITY,
should the CITY in its sole discretion deem said removal to be in the
best interest of the health, safety, and welfare of the citizens of
Clearwater.
11. MAINTENANCE AND REPAIRS:
11.1 As a condition to final approval of the CITY, the ARTIST shall provide the
CITY with a parts list and written description of the regular cleaning and
maintenance needs of the ARTWORK. Routine cleaning and maintenance of
the ARTWORK shall be the responsibility of the CITY. The ARTIST shall
be available for consultation on maintenance and repair throughout the period
of display.
11.2 The ARTIST represents and warrants that general routine cleaning of the
ARTWORK and any associated working parts will maintain the ARTWORK
within an acceptable standard of public display.
11.3 The ARTIST represents that foreseeable exposure to the elements and
general wear and tear will cause the ARTWORK to experience only minor
repairable damages and will not cause the ARTWORK to fall below an
acceptable standard of public display.
11.4 With general routine cleaning, and within the context of foreseeable
exposure to the elements and general wear and tear, the ARTWORK will not
experience irreparable conditions that do not fall within an acceptable
standard of public display, including mold, rust, fracturing, staining,
chipping, tearing, abrading, and peeling.
11.5 The CITY recognizes and agrees that it will not intentionally alter, modify or
change the artwork.
12. TITLE AND COPYRIGHT:
12.1 TITLE AND COPYRIGHT: The CITY recognizes that the title to the
ARTWORK shall remain with the ARTIST, its successors or assigns. At no
time shall title pass to the CITY as a result of this AGREEMENT. The
ARTWORK shall remain the sole property of the ARTIST, its successors or
assigns, including, but not limited to, copyrights under the Copyright Act of
1976, 17 U.S.C. §§ 101 et. Seq.; as amended, or any and all rights provided
for by the Visual Artists' Rights Act of 1990 (Section 106A of the United
States Copyright Act; as amended) unless otherwise granted by the ARTIST
to any other party. All future decisions regarding the use and continued
ownership of such property will be within the sole and unconditional
discretion of the ARTIST, its successors or assigns.
12.2 REPRODUCTION RIGHTS:
a. The ARTIST grants to the CITY and its assigns an irrevocable license to
make two-dimensional reproductions of the ARTWORK for non-
commercial purposes, including, but not limited to, reproduction used in
brochures, media publicity, and e�chibition catalogues or other similar
publications provided that these rights are exercised in a tasteful and
professional manner.
b. All reproductions by the CITY shall contain a credit to the ARTIST and a
copyright notice in substantially the following form: Copyright �O
[ARTIST'S name, date of publication], if the ARTIST advises that the
ARTWORK is in fact copyrighted. Should the ARTIST not hold a
copyright on the ARTWORK, the ARTIST may, at the ARTIST'S own
expense, cause to be registered with the United States Register of
Copyrights, a copyright in the ARTWORK in the ARTIST'S name.
c. If the CITY wishes to make a reproduction of the ARTWORK for
commercial purposes, the parties shall execute a separate agreement to
address the terms of the license granted by the ARTIST and the royalty
the ARTIST shall receive.
d. The CITY is not responsible for any third party infringement of an
ARTIST'S copyright and is not responsible for protecting the intellectual
property rights of the ARTIST.
e. The ARTIST shall not, during the performance of this AGREEMENT,
disseminate publicity or news releases regarding the ARTWORK without
prior written approval of the CITY.
13. DEFAULT AND TERMINATION:
13.1 DEFAULT: Failure or refusal of the ARTIST to perform or do any act herein
required sha11 constitute a default. In the event of a default, in addition to any
other remedy available to the CITY, the CITY upon thirty (30) days written
notice may terminate this contract. Such termination does not waive any
other legal remedies available to the CITY.
13.2 TERMINATION:
a. Either party may terminate this AGREEMENT where performance is
rendered impossible or impractical for reasons beyond such party's
reasonable control such as, but not limited to, acts of nature; war or
warlike operations; governmental regulation or control; public
emergency; or strike or other labor disturbance. Notice of termination of
this AGREEMENT shall be given to the non-terminating party in writing
not less than thirty (30) days prior to the effective date of termination.
b. The CITY may terminate this agreement without cause upon thirty (30)
days written notice to the ARTIST. The CITY shall pay the ARTIST for
services performed consistent with the SCHEDULE OF
COMPENSATION set forth in Section 5.2 of this AGREEMENT.
c. If either party to this agreement shall willfully or negligently fail to fulfill
in a timely and proper manner, or otherwise violate any of the covenants,
agreements or stipulations material to this AGREEMENT, the other party
shall thereupon have the right to terminate this AGREEMENT by giving
written notice to the defaulting party of its intent to terminate, specifying
the grounds for termination. The defaulting party shall have thirty (30)
days after the effective date of the notice to cure the default. If it is not
cured by that time, this AGREEMENT shall terminate.
14. MISCELLANEOUS:
14.lENTIRETY OF AGREEMENT: This writing embodies the entire agreement
and understanding between the parties hereto, and there are no other
agreements and understandings, oral or written, with reference to the subject
matter hereof that are not merged herein and superseded hereby. No
alteration, change, or modification of the terms of the AGREEMENT shall be
valid unless made in writing and signed by both parties hereto.
14.2 CAPTIONS: The captions of each paragraph and headings hereof are added
as a matter of convenience and shall be construed to be of no affect in the
construction of any provision or provisions hereof.
14.3 NOTICES: Any notices regazding this AGREEMENT given by either party
to the other must be in writing and shall be deemed to have been given,
delivered or made, as the cause may be (1) when delivered by personal
delivery, or (ii) five (5) business days after having been deposited in the U.S.
Mail, certified or registered, return receipt requested, with suffieient postage
affixed and prepaid or (iii) one (1) business day after having been deposited
with an expedited overnight courier service (such as by way of example but
not limited to: U.S. Express Mail, Federal Express, or UPS), addressed to the
party to whom notice is intended to be given at the address set forth below:
If to the CITY: City Manager
City of Clearwater
112 South Osceola Avenue
Clearwater, FL 33756
If to the ARTIST: Bruce H. White
521 East Locust Street
DeKalb, IL 60115
Any party may change the address to which its notices are to be sent by giving the
other party written notice of any changes in the manner provided herein, but
notice of change of address if effective only upon actual receipt.
14.4 CITY' S AUTHORITY: The CITY warrants that it has all required authority
to enter into this AGREEMENT FOR LOAN AND TEMPORARY
DISPLAY OF ARTWORK and to be bound by the terms hereof.
14.5 ARTIST'S AUTHORITY: The ARTIST warrants that it has obtained all
necessary authority through off cial action of its officers and directors, if
necessary, to enter into this AGREEMENT FOR LOAN AND
TEMPOR.ARY DISPLAY OF ARTWORK and to be bound by the terms
hereof.
14.6 SURVIVING COVENANTS: The covenants and obligations set forth in this
AGREEMENT shall survive the delivery, installation, and removal of the
ARTWORK, unless otherwise provided for herein, and shall be binding upon
the parties, its heirs, legatees, executors, administrators, assigns, transferees,
and all its successors in interest.
14.7 INTERPRETATION: This AGREEMENT shall be interpreted under and in
accordance with the laws of the State of Florida.
14.8 CONSTRUCTION OF AGREEMENT: This AGREEMENT shall not be
construed more strictly against one party than against another merely by
virtue of the fact that it may have been prepared by one of the parties, it being
acknowledged that both the ARTIST and the CITY have substantially and
materially contributed to the preparation thereof.
14.9 SEVERABILITY: If any provision of this AGREEMENT is contrary to,
prohibited by, or deemed invalid by applicable laws or regulations of any
jurisdiction in which it is sought to be enforced, then such provision shall be
deemed inapplicable and omitted, but such omissions shall not invalidate the
remaining provisions of this AGREEMENT.
14.10 FURTHER ASSURANCES: The parties shall promptly execute all
documents reasonably required and take such other steps in addition to the
execution of this AGREEMENT to effectuate the intent and purpose of this
AGREEMENT.
IN WITNESS THEREOF, the parties hereto have caused this AGREEMENT
FOR LOAN AND TEMPORARY DISPLAY OF ARTWORK to be executed
on the date first above written.
CITY OF CLEARWATER, FLORIDA
Appr ed as to form:
Laura Lipowski
Assistant City Attorney
Witness:
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William B. Horne II
�ity Manager
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Cyn a E. Goudeau
City Clerk
H. White
H. White, artist
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Artist Info Sheet:
Bruce White
(815) 758-6075
bwhitescul�ture�mindsprin .g com
www. brucewhitesculpture. com
To be located on the median
between Garden Ave. and Ft.
Harrison Ave
EXHIBIT "A"
�4
"Sorcerer's Gate"
This striking piece is constructed of powder-coated aluminum and measures 15'H x
10' W.
Artist Statement
Bruce White's work has been described as "an elegant union of ancient symbolism and
contemporary science." His preferred materials are stainless steel and aluminum,
although he has also created works in bronze and granite. In addition to sculpture for
residential and commercial interiors, he has done numerous large scale e�erior public
works.
White has never been content to stay with one specific idiomatic concept. However, the
viewer will note clear connections between his works when viewed in sequence. The
artist does not usually begin with a specific idea in mind, but rather, relies on
manipulation of paper or thin sheet metal to generate a surprise solution which can only
be fully realized three dimensionally. He then pursues the idea on a larger scale. In recent
projects he has been experimenting with ta11 columnar forms which gain their supporting
strength through surface geometry rather than internal framing. In some, he takes
advantage of the open interior by randomly piercing the surface and then installing
electric light to radiate from the interior at night. During the day, sunlight is captured
within and "bounces" around to make the sculpture shimmer from the sun's movement as
it reflects on the different angles.
Artist Back_g,round
Born in Bayshore, New York, White grew up in New Jersey, spending most of his
summers on Long Island and the Jersey shore and developing a keen interest in boat
building and sailing. He earned a Bachelor's degree at the University of Maryland and
Master's and Doctoral degrees at Columbia University in New York City. After
graduation White taught at Florida State University, Garden City High School, Adelphi
University, Queens College, and Southern Illinois University and finally settled at
Northern Illinois University due to its proximity to Chicago--the city intemationally
recognized for contemporary public sculpture. While teaching at Northern Illinois
University, White received a Distinguished Research Professorship award.
ACORD,� CERTiFICATE OF LIA�ILtTY INSURANCE 6i2�i2o° e
PRODUCER (815) 756-2906 FAX: (@15) 748-7323 THIS CERTIFICATE IS ISSUE� AS A MA7TER OF INFORAAATION
Crum - Halsted Agency Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
2350 Sathany Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
camore IL 6017 8 INSURERS AFFORDING COVERAGE NAIC #
ias��o �su�Ra Frankenmuth Mutual Ins Co 13986
Bruce H White uasu�a:
521 East Locust Street wsuRertc:
INSURER D:
DeKalb IL 60115-3328 NSURER E:
THE POLICIES OF INSURANCE LISTED BELOW. HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY
REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFlCATE MAY BE ISSUED OR MAY PERTAtN,
THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, IXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
GRE HA B D P
INSR ADD'L TypE OF INSURANCE POLICY NUAABER DP�Y E�� D�AT�E 1AM%/ D Y�N UMITS
GENERALUABIUTY g 1, 000, 000
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 8 100 � 000
A CtalatS mw�E �X oCCUR eOP6028063 6/12/2008 6/12/2009 �Ep �p o„B g 10 , 000
PR & Y S 1,000,000
GENERALAGGREGATE 5 2� 000 , 000
GEN'LAGGREGATELIMITAPPLIES PER: ODUCT - P/OPAGG S 2 r 000 � 000
X POLICY PRa OC
AUTOMOBILE LIAB1L11Y COMBINED 31NGLE LIMIT s
ANY AUTO (Ee eaiderd)
ALL OWNED AUTOS BODILY IAWURY $
SCHEDULED AUTOS �P� ��
HIRED AUTOS BODILY INJURY $
NON-OWNED AUTOS (P� ���
PROPERTYDAMAGE $
(Per eccfd�Q
6ARAOELIABIIJTY AUTOONLY-EAACCIDENT $
ANYAUTO OTHERTHAN EA CC S
AUTO ONLY: qGG $
EJCCESSIUAABRELLA LIABILITY E $
OCCUR � CLAIMS MADE AGGRE E $
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DEDUCTIBLE $
R $
WORKERS COMPENSATION AND � UA�- O�
EMPLOYERS' LIABILITY
ANYPROPRIETOR/PARTNER/IXECUTNE E.LEACHACCIDENT S
OFFICER/MEMBER EXCLUDED? E.L DISEASE - EA EMPLOYEE S
H yes, descrbe under
SPE I EL I EASE- Y IMfT S
07HER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSION5 ADDED BY ENDORSENIENT/SPEGAL PROVISIDNS
PsooP oP Insurance
christopher.hubbard@myclea
City of Clearwater
PO BOX 4748
Clearwater, FL 33758-4746
ACORD 25 (2001l08)
INS025 (oioe�:ose
SHOULD ANY OF THE ABOVE DESCRIBED POUqES BE CANCELLED BEFORE THE
IXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
�.O pAYS WRITTEN NOi10E TO THE CERI7FlCATE HOLDER NAMED TO THE LEFT, BUT
FAILURE 70 DO SO SHALL IMPOSE_NO OBUGATION OR LIABILIIY OF ANY KIND UPON THE
INSURER RS AGENTS OR REPRESENTATNES.
AUTHORIZED REPRESENTATIVE
3 Rosenow, CPA/CHF �-�K�� ��—^�"'�
m ACORD CORPORATION 1988
Page 1 of 2
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.
Walbolt, Margo
To: Walbolt, Margo
Subject: FW: Sculpture360 contract
-----Original Message-----
From: Bruce White [mailto:bwhitesculpture@mindspring.com]
Sent: Thursday, June 26, 2008 6:17 PM
To: Hubbard, Christopher
Subject: Re: Sculpture360 contract
Christopher, I am waiting to hear from my insurance company to see if my
current business policy will suffice for your needs and if so 2 will forward
a certificate of insurance to you. This policy covers my studio, auto and
sculpture during transportation and installation. (I do not have employees
but rather use contract labor.) It is one that I have used and updated for
over 36 years, all over the United States, for both exhibitions and major
commission installations as my most recent commission for the Newport News
International Airport, (which involved a project for over $300,000.) I
would therefore be very reluctant to change or add to this coverage. One
example in your agreement, which has never come up before in all these years
is to, "name the CITY as additional insured on the policy." (8b). This
could be a problem. As you may know I initiated the Sarasota Season of
Sculpture Show, which included international artists, setting up the
requirements etc., as well as being involved in the first Navy Pier Show in
Chicago. I feel that what I have now should be perfectly sufficient for any
exhibition-but will let you know as soon as I get the reply. I sincerely
hope it all works out and wish I had known your requirements at the time of
the invitation to show. I do know from experience how much work is involved
in these shows and appreciate your efforts. Sincerely, Bruce
----- Original Message -----
From: <Christopher.Hubbard@myClearwater.com>
To: <bwhitesculptureC�mindspring.com>
Sent: Thursday, June 26, 2008 3:27 PM
Subject: Sculpture360 contract
. - .
638g Tower Lane
Sarasota,FL3424o
June 6, 2008
Mr. Bruce White
708 Chippy Ln.
Nokomis, FL 34275
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M�CALL ENGINEERING, LLC
Structurnl Engineering
RE: Sculpture stand installation, City of Clearwater
FBPE# 26008
TEL:f941,379.6g86
fAX:I 379•0536
As requested, I have reviewed the installation requirements for the 14' high x 10' sculpture you plan
to install in the City of Clearwater. I have based my analysis on 130 mph wind loads (based on
exposure C, importance factor 1.0) on a sign configured like your sculpture. My conclusion is that the
existing angle legs need to be bolted down using 5/8" diameter stainless steel all thread embedded
minimum 5" using Simpson SET epoxy or equal. A total of 4 bolts per angle (8 bolts total for 2
angles) will be required.
Please advise if you require additional information.
M all Engineen g LLC, FBPE #26008
Joh K. McCall , PhD, PE 17201
06/06/08