PUBLIC MURAL GRANT AGREEMENT (6)PUBLIC MURAL GRANT AGREEMENT
This Grant Agreement is made and entered into on this ( at. �day of March, 2024 between the City of
Clearwater Community Redevelopment Agency , whose address is: 600 Cleveland Street, 6th Floor,
Clearwater, FL 33755, ("CRA"), and Naomi Haverland ("Artist").
WHEREAS, it has been determined by the CRA that public art is highly desirable in the Downtown
Clearwater Gateway Neighborhood; and
WHEREAS, the Community Redevelopment Agency Trustees voted to approve an allocation of $90,000
in funding to the Downtown Clearwater Mural Festival, and provide support to artists in the form of a
grant
NOW, THEREFORE, the parties agree as follows:
1 TERM
1.1 The term of this agreement shall commence on March 8, 2024 and continue through April 8, 2024
("termination date") unless earlier terminated under the terms of this agreement.
2 RESPONSIBILITIES OF THE ARTIST
2.1 The Artist shall cooperate with the City of Clearwater to ensure that all permits any permits or
permissions are secured to install a mural(s) on Senor Bubbles located at 1408 Cleveland St.
Clearwater, FL 33755, Parcel Number 14-29-15-47016-001-0010 ("Building").
2.2 The Artist shall enter into a separate written agreement with Baez & Ortiz LLC, Authorized Member
Raul Baez ("Property Owner") of the Building commissioning a public mural (Exhibit A).
2.3 The Artist shall present the completed design(s) of the mural(s) to the Property Owner prior to the
installation of the mural(s). (Exhibit B)
2.4 All Artwork shall be installed no later than April 8, 2024.
2.5 The Artist agrees to maintain in force a liability insurance policy in an amount acceptable to the City
of Clearwater and the CRA (1 million per occurrence) which will insure and indemnify the City of
Clearwater, the CRA, and the Owner from any suits, claims, or actions brought by any person or
persons and from any and all costs of litigation brought against the Artist, the Property Owner and
the City for such injuries to persons or damage to property occurring during the agreement or
thereafter that results from performance by the Artist of the obligations set forth in this agreement.
The City and the Property Owner shall be included as "additional insureds" on such policy. (Exhibit
C)
3 RESPONSIBILITIES OF THE CITY
3.1 The CRA agrees to provide the Artist with a grant of $10,000 (ten thousand dollars) to be paid in two
separate payments of $5,000 each. First payment ($5,000) to be paid upon completion of this signed
1
and executed contract and second payment ($5,000) to be paid once the mural has been completed.
Artist will invoice the CRA for each payment.
3.1.1 The funds granted by the CRA are to be used for all materials and artists fees.
3.1.2 A photo of the completed work must be provided to the City of Clearwater Cultural Affairs Dept.
within three (3) days of completion of the project.
3.2 The Cultural Affairs Dept. will serve as the City and CRA liaison for the artist
3.3 The CRA agrees to promote the mural festival through normal City communications, such as
www.myclearwater.com, www.downtownclearwater.com the City Facebook page and social media;
internal staff communications; flyers; and messages to partner organizations.
4 INDEMNIFICATION
4.1 Subject to Florida Statute 768.28, the Artist agrees to indemnify and hold free and harmless, assume
legal liability for and defend the City, CRA, and their 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, or every kind and nature whatsoever, which in any manner directly or indirectly
may arise or be alleged to have arisen or as a result of the duties and obligations as required by this
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 Artist. Nothing contained
herein is intended to serve as a waiver by the City of its sovereign immunity, to extend the liability of
the City beyond the limits set forth in Section 768.28, Florida Statutes, or be construed as consent by
the City to the sued by third parties.
5 NOTICE
Any notice required or permitted to be given by the provision of this Agreement shall be conclusively
deemed to have been received by a party hereto on the date it is delivered to such party at the address
indicated below:
City of Clearwater
Community Redevelopment Agency
600 Cleveland Street, 6th Floor
Clearwater, FL 33755
2
Naomi Haverland
3702 Muirfield Dr.
Titusville, FL 32780
6 DEFAULT
6.1 Failure or refusal by the Artist 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 City, the City, upon thirty
(30) days written notice, may terminate this agreement and demand repayment of grant funds
provided. Such termination does not waive any other legal remedies available to the City.
7 TERMINATION
Either party may terminate this agreement with thirty (30) days written notice without any further
obligation. The City may terminate this agreement immediately for failure to adhere to any of the
provisions of this agreement as determined by the City in its sole discretion.
8 DISCLAIMER OF WARRANTIES
This agreement constitutes the entire agreement between the parties on the subject hereof and
may not be changed, modified, or discharged except by written amendment duly executed by both
parties. No representations or warranties by either party shall be binding unless expressed herein or
in a duly executed amendment hereof.
(signatures on following page)
3
In witness thereof, the parties hereto have caused this Artist and Public Mural Grant Agreement to be
executed on the date and year first written above.
ARTIST
Naomi Haverland
CITY OF CLEARWATER
Jesus Ni"
CRA Director
Owen Kohler
CRA Attorney
Attest:
ate_
Rosemarie CaII
City Clerk
4
Exhibit A
AGREEMENT TO COMMISSION PUBLIC MURAL
This agreement is entered into this 1b day of Feb( uo.gy
between )10.oMil Vkaver\DA&
called "Artist") and RQ ✓ 1 Jae 2
(hereafter called "Owner").
2024 by and
of N I R (hereafter
4-1,
(J'- of
d e z 4- r.-( z LL L
Owner's Obligations
a. The Owner recognizes that the purpose of the project, which is to enhance the
community, is mutually beneficial to the Artist and the Owner, and therefore
desires to haveea mural(s) painted on the exterior of their building(s) located at
( A- o O C` e i e \Gx‘ 6i Si-,�` ecowa-cx (hereafter called
"Building").
b. The Owner agrees to allow the Artist to paint a mural (hereafter called Artwork)
on the Building. The dimensions and location(s) of the mural(s) will be
b;mMs; ons Pry pre, i tt\,o , I \\ . X SSS
\._oca-Mon : Eos- Side, oC- bv.Alciar\5
c. The Owner understands that the Artwork shall, in no way, be used for
advertising.
d. The Owner agrees to keep the Artwork displayed for a minimum of one year,
barring any damage or Acts of God.
e. The Owner agrees the Artwork is Copyrighted and created as a result of the
mural services provided by Artist in accordance with this Agreement and are the
property of the Artist pursuant to federal copyright law (Title 17, Chapter 2,
Section 201-02 of the United States Code), whether registered or unregistered.
Notwithstanding the assignment of any advertising/promotion rights to the
Owner, any and all products, whether tangible or intangible, produced or created
in connection with, or in the process of fulfilling this Agreement, are expressly
and solely owned by Artist and may be used in the reasonable course of Artist's
business.
II. Artist's Obligations
a. The Artist shall cooperate with the city of Clearwater to ensure that all permits
any permits or permissions are secured to install a mural(s) on the Building.
b. The Artist shall present the completed design(s) of the mural(s) to the Owner
prior to the installation of the mural(s).
c. All Artwork shall be installed no later than April 5, 2024.
d. The Artist agrees to maintain in force a liability insurance policy in an amount
acceptable to the City of Clearwater (1 million per occurrence) which will insure
and indemnify the City of Clearwater and the Owner from any suits, claims, or
actions brought by any person or persons and from any and all costs of litigation
brought against the Artist, the Owner and the City for such injuries to persons or
damage to property occurring during the agreement or thereafter that results
from performance by the Artist of the obligations set forth in this agreement. The
City and the Owner shall be included as "additional insureds" on such policy.
[Remainder of Page Left Blank Intentionally]
IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed in its
corporate/legal name by its authorized representative or persons authorized to execute this
Agreement on the date and year first above written.
Owner
3/8/?7
Date
k0 2024
Date
Exhibit B
Exhibit C
ACORD � CERTIFICATE OF LIABILITY INSURANCE
DATE(MMIODIYYYY)
03/0512024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder In lieu of such endorsement(s),
PRODUCER
StateFWM Andrew Engelmann
41110 901 Arabella Lane
CoCoa FL 329278717
CONTACT Andrew Engelmann
teli
;t4e.am; 321-338-1987FAX
, No):
EMAIL andrew.en elmann.va
moms 9 bot)i@statefarm.com
MSURERIS)AFFORDING COVERAGE
NAIC 5
INSURER A: State Farm Florida Insurance Company
10739
INSURED
Haverland, Naomi
3702 MUIRFIELD DR
TITUSVILLE FL 327803449
INSURER 8 :
98 -EE -U271-3
INSURER C :
10/01/2024
INSURERD:
S 1,000,000
INSURER E :
$ 300,000
INSURER F :
CUMS-MADE X OCCUR
M
t:oercer
RTIFICATE NUM$ER:
REVISION NUMBER:
THIS IS TO CERTIFY THAT 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
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY RAID CLAIMS.
...
INSR
LTR
TYPE OF INSURANCE
ADD
IiSD
SUB
WVD
POLICY NUMBER
POLICY EFF
(MMIDDIYYYY)
POLICY EXP
(MMIDD/YYYY)
LIMITS
A
X
COkMAERCIIL GENERAL LIABILITY
Y
Y
98 -EE -U271-3
10/01/2023
10/01/2024
EACH OCCURRENCE
S 1,000,000
DAMAO NTED
PREMISES Ea a cwrrennl
$ 300,000
CUMS-MADE X OCCUR
M
MED EXP (My pelma)
$ 5.000
PERSONAL & ADV INJURY
s 1,000,000
GENERAL AGGREGATE
$ 2,000,000
GEN'L
AGGREGATE
POLICY
OTHER:,
LIMIT APPLIES PER:
EC I5t I LOC
PRODUCTS -COMPIOPAGG
$ 2,000,000
5
AUTOMOBILE
,—
_
LIABILITY
ANY AUTO
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
--
,_„
_,
SCHEDULED
AUTOS
NON -OWNED:
AUTOS ONLY
COMBINED SINGLE Limn'
$
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident}
$
PROPERTY DAMAGE
(Por accident)
$
$
UMBRELLA UAB
EXCESS LIAR
_
OCCUR
CLAIMS -MADE
EACH OCCURRENCE
$
AGGREGATE
$
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DED RETENTION $
WORKERS COMPENSATION
AERND EMPLOYERS' LIABILITY
ANYPROPRIETOWPARTNERJEXECUTNE YrN
OFFICER,MENEEREXCLUDED? n
{an clary in NH)
(I yeM1t
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DESCRIPTION OF OPERATIONS botchy
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DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks salwduls, may be attached M more space Is required)
CERTIFICATE HOLDER
CANCELLATION
City of Clearwater, Cultural Affairs
PO Box 4748
Clearwater
i
FL 33758
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEUVERED IN
ACCORDANG THE P V�,ISjQDts.------
AUTHORIZED REPRESENTATIVE
This form was system -generated on 03105(2024 .
ACORD 25 (2016/03)
1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
1001486 2005 155279 205 01-19.2023
AC zoo CERTIFICATE OF LIABILITY INSURANCE
DATE(MMXID/YYYY)
03/05/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed.
if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on
this certificate does not confer rights to the certificate holder In lieu of such endorsement(s).
PRODUCER
StateFerm Andrew Engelmann
901 Arabella Lane
CN.ONTACT Andrew Engelmann
per. o. Ems: 321-338-1987 FAX
UIC. Not
=Ass: Andrew.engelmann.vabogi@statefann.com
Ornik
Cocoa FL 329278717
INSURER(S) AFFORDING COVERAGE
NAIL f.
INSURER A : State Farm Florida Insurance Company
10739
INSURED
Havertand, Naomi
3702 MUIRFIELD DR
TITUSVILLE FL 327803449
INSURER B
10/01/2023
INSURERC
EACH OCCURRENCE
INSURER0<:
DAMAGE
S (Es occunencet ED
INSURER E';
INSURER F :
CLAIMS -MADE
FTIFIr_a1TF Nl II ID H'
REVISION -NUMBER:
THIS IS TO CERTIFY THAT 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
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
IL R
TYPE OF INSURANCE
!NW
MDD
POUCY NUMBER
POLICY EFF
(MMIDDIYYYYI
POUCY EXP
(MMIDDIYYYY)
LIMITS
A
X
COMMERCIAL GENERAL mature
Y
Y
98 -EE -0271-3
10/01/2023
10/01/2024
EACH OCCURRENCE
$ 1,000,000
DAMAGE
S (Es occunencet ED
AA
$ 300,0
CLAIMS -MADE
is
OCCUR
MED EXP (Any one person)
s 5.000
PERSONAL SADV INJLntr
$ 1,000,000
GENERAL AGGREGATE
$ 2,000,000
GEN1.
AGGREGATE
POLICY
OTHER:
LIMIT APPUES PER:
JERCT r5--<1 `1 LOC'
PRODUCTS - COMP/OP AGG
$ 2.000,000
$
AUTOMOBILE
.T
LIABILITY
ANY AUTO
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
_
SCHEDULED
AUTOS
NON -OWNED
AUTOS ONLY
taCOMBINEDamSINGLE LIMIT
BODILY INJURY (Per person)
$
BODILY INJURY (Per ambient)
PROPtR rY DAMAGE
(Per accident)
$
8
_
UMBRELLA UAB
EXCESS LIAO
—
OCCUR
CLAIMS -MADE
EACH OCCURRENCE
$
AGGREGATE
$
DED RETENTION 8
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRBTOR/PARTNER/EXECUTIVE Y/ N
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yeti, descant under
DESCRIPTION OF OPERATIONS below
111 A
STATUTE FR
$
E.L. EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYEE
$
E.L.DISEASE-POLICYLIMt7
$
DESCRIPTION OF OPERATIONS 4 LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached b mora space is required)
r`ealr_RI 1 ATIIThI
1
Senor Bubbles, Raul and Brenda Baez
1408 Cleveland St
Clearwater
FL 33755
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THER TICE WILL BE DELIVERED B
ACCORDANCE H THE PROY+^I6 Ni ..,. ^"^""--
�� C.
AUTHORIZED REPRESENTATIVE
This form was system -generated on
03/0512024 ,
ACORD 25 (2016/03)
( 1988-2015 ACORD CORPORATION. Ail rights reserved.
The ACORD name and logo are registered marks of ACORD
1001486 2005 155279-205 01-19-2023