ARTWORK DISPLAY AT CLEARWATER COUNTRYSIDE LIBRARY
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AGREJMENT FOR DISPLAY OF ARTWJRK
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THIS AGREEMENT FOR DISPLAY OF ARTWORK made and entered into this 2nd day of March,
1999, by and between NORTH SIDE ENGINEERING SERVICES, INC., 2907 State Road 590, Suite 7, Clearwater,
FL 33759 (hereinafter called the "Owner") and the CITY of CLEARWATER, FLORIDA, a municipal
corporation, 112 South Osceola Avenue, Clearwater, FL 33756 ( hereinafter called the "City ").
WITNESSETH:
WHEREAS, the Owner is the sole lawful owner of those certain items of artwork that are described
more fully on Exhibit A attached hereto and made a part hereof, which items are hereinafter referred to collectively
as "ARTWORK"; and
WHEREAS, the owner agrees that the City may display the Artwork inside the Clearwater
Countryside Library for viewing by the public; and
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:
1. RECITALS. The foregoing recitals are incorporated into and made a part of this Agreement for the
display of Artwork, and the parties acknowledge and agree that such recitals are true and correct.
2. TERM. Owner shall display the Artwork to the City for the period commencing on March 2. 1999
and ending on March 2. 1999 upon the terms herein provided.
3. DELIVERY OF ARTWORK. The Owner shall, using the Owner's own personnel and equipment, on
March 2. 1999, pick up the Artwork from its present location at 2907 State Road 590. Suite 7.
Clearwater. Florida 33759. transport the Artwork to the Clearwater Countryside Library. 2741 State
Road 580. Clearwater. Florida 33761. and place the same for display inside the Clearwater
Countryside Library. Such delivery shall be without any cost or expense to the City.
The Owner shall, on March 2. 1999, using the Owner's personnel and equipment, redeliver the Artwork
to the Owner at 2907 State Road 590. Suite 7. Clearwater. Florida 33759. Such redelivery shall be without cost or
expense to the City.
The City shall provide such access to the City's premises and all other locations as maybe necessary for
the Owner to timely pick up and deliver the Artwork as herein provided.
4. DISPLAY OF ARTWORK. During the period of the City's possession of the Artwork pursuant hereto
the City shall display the Artwork for viewing by the public without charge at such location inside the
Clearwater Countryside Library as the City from time to time deems appropriate. The City shall not
charge any admission fee or other similar fee as a condition of viewing the Artwork.
Agreement For Display Of Artwork
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5.
BARRIER AND SIGIAGE. At all times while the Artwork is on dis~y in the Clearwater
Countryside Library, the City may install such physical barrier, as the City in its sole discretion from
time to time determines to be 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 of the Artwork is
prohibited.
At all times while the Artwork is on display in the Clearwater Countryside Library pursuant to the
terms hereof, the City will post a logo sign next to the Artwork, prepared and designed by the City, which shall
read:
Display Courtesy of - Northside Engineering
6. WAIVER AND RELINOUlSHMENT OF LIABILITY. The Owner irrevocably waives and relinquishes any
and all claims of any kind or nature against the City, its officials, officers, agents and employees, individually
and collectively arising out of or resulting from any damage to, destruction of, theft of, loss of, or other casualty
to the Artwork at any time during which the Artwork is in the possession, custody or control of the City
pursuant hereto, including without limitation any such damage to, destruction of, theft of, loss of, or other
casualty to the Artwork arising out of or resulting from any negligent act or omission of the City, its officials,
officers, agents, or employees.
The Owner acknowledges that the City will not provide any insurance coverage for the Artwork while the
Artwork is in the possession or custody of the City pursuant to the terms hereof. Accordingly, the Owner
acknowledges the value of said property does not exceed $ :S,(!';JO O~ which is the amount of insurance the
Owner shall carry on the Artwork and agrees that it will obtain, at Owner's expense, such insurance policy or
policies as the Owner deems appropriate to provide insurance coverage for the Artwork while the Artwork is in the
possession or custody of the City pursuant to the terms hereof. The owner waives any and all subrogation rights
against the City for any damage to, destruction of, theft of, loss of, or other casualty to the Artwork while the
Artwork is in the possession or custody of the City pursuant to the terms hereof.
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Agreement For Display Of Artwork
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7. MISCELLANEOUS PROVISIONS:
A. Entire Agreement. This Agreement for display of Artwork is intended to contain the entire
agreement of the parties, and no representations, inducements, promises or agreements, oral
or otherwise, between the parties, not embodied herein, shall be of any force or effect unless
the same be in writing, signed by both parties hereto. No failure of either party to exercise
any power given to such party hereunder, or to insist upon strict compliance by the other
party of any obligation hereunder, and no custom or practice of the parties at variance with
the terms hereof, shall constitute a waiver of that party's right to demand exact compliance
with the terms hereof.
B. Captions. The captions of each paragraph and headings hereof are added as a matter of
convenience only and shall be construed to be of no affect in the construction of any
provision or provisions hereof.
C. Notices. Any notices regarding 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 case may be (i)
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 sufficient 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 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, Florida 33756
If to Owner:
Housch Ghovaee
Northside Engineering Services, Inc.
2907 State Road 590, Suite 7
Clearwater, Florida 33759
Any party may change the address to which its notices are to be sent by giving the other
party written notice of any such change in the manner provided herein, but notice of change of
address is effective only upon actual receipt.
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Agreement For Display Of Artwork
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D. City's Auth~ City warrants that it has all required authoril through official action of its
City Manager to enter into this Agreement for Display of Artwork and to be bound by the
terms thereof.
E. Owner's Authority. Owner warrants that it has obtained all necessary authority through
official action of its officers and directors to enter into this Agreement for Display of Artwork
and to be bound by the terms thereof.
F. Bidding Effect. This Agreement for Display of Artwork shall be binding upon the parties,
their successors, assigns, and legal representatives.
G. Interpretation. This Agreement for Display of Artwork shall be interpreted under and in
accordance with the laws of the State of Florida.
H. Construction of Agreement. This Agreement for Display of Artwork 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 legal counsel for one of the parties, it being acknowledged that both
the Owner and the City have substantially and materially contributed to the preparation
hereof.
I. Attornev's Fees. In the event of any dispute or litigation arising under this Agreement for
display of Artwork, the prevailing party shall be entitled to recover all reasonable attorney's
fees and costs, including those at trial and upon appeal.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement for display of Artwork
to be executed on the date first above written.
::y x CLEARWATE~ ~ORIDA
Michael 1. Roberto
City Manager
Approved as to form:
Attest:
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J Carassas
Assistant City Attorney
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Cyn~. Goudea
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Witnesses:
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Agreement For Display Of Artwork
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EXHIBIT" A"
1. Cranes sculpture. Two bronze cranes. Free standing. Approximately 6 feet high.
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Agreement For Display Of Artwork