FIRST AMENDMENT TO PUBLIC GALLERY MANAGEMENT AGREEMENTFIRST AMENDMENT TO
PUBLIC GALLERY MANAGEMENT AGREEMENT
This First Amendment to the agreement for loan and exhibition of artwork, and management of a gallery
space, made and entered into on this / day of f e,iziyc,etn- , 201 y by and between Bazaar Art,
LLC (hereafter called `Bazaar Art") whose address is 3748 Moog Rd., Holiday, FL 34691 and the
Community Redevelopment Agency of the City of Clearwater, Florida (hereafter called the "CRA"), a
redevelopment agency established pursuant to law, located at 112 South Osceola Ave., Clearwater, FL
33756.
Whereas the CRA wishes to contract with Bazaar Art to program and manage the property located at 331
Cleveland St, Suite A, Clearwater, FL 33756 for the purposes of an artist studio, gallery, public assembly
space, and art consignment shop; and
Whereas Bazaar Art wishes to occupy, program, and manage the property located at 331 Cleveland St.,
Suite A for use as an artist studio, gallery, public assembly space, and art consignment shop.
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:
1.1
The conditions set forth in this agreement apply solely to the property located at 331 Cleveland
St., Suite A and the agreement between Bazaar Art and the CRA cannot be altered, changed,
waived or otherwise amended except as agreed upon in writing by both parties.
2. TERM:
2.1 The CRA hereby agrees extend the term of the Agreement with Bazaar Art for public gallery
management services, for an additional three months terminating on May 10, 2018 ("Termination
Date") unless earlier terminated under the terms of this agreement.
3. BAZAAR ART RESPONSIBILITIES:
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3.1 Bazaar Art and its members are responsible for the management and staffing of the public gallery
space including, but not limited to the following times and details:
a. Wednesday â Friday (11:00 am â 5:30 pm)
b. As necessary, and based upon public interest, gallery hours may be expanded by a
mutual agreement of both parties.
c. Evening hours as further described in 3.3
3.2 Bazaar Art will provide a business manager to handle all administrative functions necessary for
the responsible management and programming of the public gallery space.
a. The business manager will serve as the liaison for all coordination and
communications with CRA staff.
b. The business manager will coordinate with the CRA in the initial setup and build -out
of the public gallery space.
c. Should the need arise, the business manager will coordinate with the necessary security
personnel (City police department, building security officer) to ensure the safety of the
public gallery space, its occupants, and the materials contained within.
3.3 Bazaar Art and its members will staff the gallery at times and dates coordinated with activities in
the Downtown and Cleveland Street District. These activities include, but are not limited to City
and CRA sponsored and co-sponsored events.
3.4 Bazaar Art and its members are encouraged to participate and integrate with activities in the
Downtown and Cleveland Street District through direct participation, support of marketing and
advertising, and attendance or performances at such events.
3.5 Bazaar Art and its members will coordinate 1-2 events per month, to be dictated by season,
attendance, and availability of resources. Bazaar Art will also coordinate with the CRA, City and
other non-profit and community groups to provide assembly and meeting space for various events
and activities.
a. Events may include, but are not limited to: Paint -ins or plein aire events;
demonstrations and discussions (Lunch and Learn); special exhibitions and shows for
member artists; lecture series; and other events that coordinate with themes and programs
of other CRA and City functions in the Downtown and Cleveland Street District.
3.6 Bazaar Art and its members will maintain a record of metrics such as number of exhibitions,
programs and attendance. These metrics will be provided, at request, to the CRA as regular
management updates.
4. CRA RESPONSIBILITIES:
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4.1 The CRA will work with the property owner to make necessary renovations and/or improvements
to the public gallery space to ensure that it is ready for occupancy.
4.2 The CRA will provide Bazaar Art and its members access and use of the public gallery space free
of charge.
4.3 The CRA will be responsible for the monthly utilities.
4.4 The CRA will be responsible for the monthly WiFi, internet and phone expense.
4.5 The CRA will provide a suitable artwork hanging system for displaying 2-dimensional and wall
art. The City and Bazaar Art will agree to arrange for other display methods as needs dictate.
4.6 The CRA and Bazaar Art will develop an agreed-upon system of metrics of success for
evaluating the performance of Bazaar Art as the public gallery space managers. These metrics
will be controllable items such as, but not limited to: number of exhibitions per month, social
media posts, and number of programs or activities per month.
4.7 The CRA and Bazaar Art will have regular meetings to assess the progress and success of the
programs operations, and layout of the space.
4.8 The CRA will work with Bazaar Art and its members to create exterior signage for the public
gallery space.
4.9 The CRA will promote the public gallery space and its programs through normal CRA and City
communications, such as www.myclearwater.com; the City's Facebook page; internal staff
communications; press releases; flyers; and messages to partner organizations.
4.10 In the event that the public gallery space must vacate its location prior to the expiration of this
agreement, the CRA will notify Bazaar Art in an appropriate duration of time, no less than 30
days if feasible, and will make a good faith effort to relocate Bazaar Art and its members to
another location.
5. PUBLIC GALLERY SPACE MANAGEMENT
5.1 The CRA will identify a section of the space to be used by Bazaar Art and its members not to
exceed 1800 square feet, and the CRA will retain the ability to modify or adjust the floor plan and
exhibit layout accordingly to accommodate programming and events.
5.2 Bazaar Art and its members will be responsible for providing program coordinators, artists, and
artists in residence with all necessary materials such as tables, shelving, and cabinetry essential to
facilitate an active work space.
a. Artists will provide their own art supplies and any special materials such as lighting, easels,
chairs, and other objects specific and individualized to the artist's needs.
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5.3 Bazaar Art and its members, and artists in residence, will maintain the public gallery space in a
clean and orderly manner.
5.4 Only 2-dimensional work and certain pre -approved 3-dimensional work, such as, but not limited
to: painting, drawing, photography, etching, watercolor and other similar media will be produced
in the public gallery space. Any materials leaving a residue such as ceramics and pottery,
sculpting, and other techniques involving dangerous materials such as welding, acid etching, and
open flames, are not permitted in the public gallery space.
5.5 Bazaar Art and its members will promote the public gallery space and its programs through their
membership website, social media profiles, and community connections.
5.6 Bazaar Art will use the space as a regular assembly area for their membership meetings and
activities.
5.7 All subcontractors organized by Bazaar Art must be insured with respects to general liability, and,
where applicable, workers' compensation, either independently or listed as additionally insured
under Bazaar Art's policy. All contractors and subcontractors must list the City of Clearwater as
additionally insured on all applicable insurance coverage.
6. SALES:
6.1 Bazaar Art and its members will maintain a constant and revolving exhibition of artwork at the
public gallery space. All artwork will be available for sale. The CRA will take no commission on
sales made in the public gallery space. Bazaar Art members shall be solely responsible for
payment, if any, of sales taxes due.
6.2 Sales are to be conducted by invoice or through direct electronic sale (Square, credit card, etc).
No cash is to be kept on the premises at any time.
6.3 Bazaar Art and its members will provide an ongoing gallery inventory and will be responsible for
maintaining records for all sales and processing for all artwork sold in the public gallery space.
6.4 Bazaar Art and its members will, upon request, submit an accounting of all sales and financial
activities to the CRA.
7. INSURANCE:
7.1 Bazaar Art and its members, acknowledge that the CRA will not provide any insurance coverage
for the items on display while they are located in the public gallery space. The exhibiting artists
will waive any and all subrogation rights against the CRA and City for any damage to,
destruction of, theft of, loss of, or other casualty to the times while they are located on display
within the public gallery space.
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7.2 Bazaar Art will provide proof of general liability insurance coverage in the amount of $1,000,000
per occurrence and list the following entities as additionally insured: City of Clearwater;
Clearwater Community Redevelopment Agency; Water's Edge; and Daniels Ikajevs, property
owner.
8. INDEMNIFICATION:
8.1 Bazaar Art and its members agree to indemnify and hold free and harmless, assume legal liability
for and defend the City of Clearwater and its officers, employees, agents, and servants, whether
they are current or former, from and against any and all actions, claims, liabilities, assertions of
liability, losses, costs and expenses, in law or in equity, including but not limited to attorney's
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 of 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 or display of the loaned
items or as a result of the duties and obligations as required by this exhibition agreement 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 lender.
9. DEFAULT:
9.1 Failure or refusal of Bazaar Art or its members to perform or do any act herein required shall
constitute a default. In the event of a default, in addition to any other remedy available to the
CRA, the CRA, upon thirty (30) days written notice, may terminate this agreement. Such
termination does not waive any other legal remedies available to the CRA.
Clearwater Community Redevelopment Agency
Attn: Amanda Thompson, Director
112 South Osceola Ave.
Clearwater, FL 33756
Bazaar Art, LLC
Attn: Jennifer Pearl
3748 Moog Rd.
Holiday, FL 34691
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In witness thereof, the parties hereto have caused this Public Gallery Management Agreement to be
executed on tdate fir t above
Bazaar C representative
Anaroved as toorm:
IC
Pamela K. Akin
City Attorney
COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF CLEARWATER, FLORIDA
âqe0r/tMe43
By:
Attest:
George N. Cretekos
Chairperson
Rosemarie Call
City Clerk
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