AGREEMENT FOR LOAN AND TEMPORARY EXHIBITION OF ARTWORK (3) AGREEMENT FOR.LOAN AND TEMPORARY EXHIBITI.ON'OF ARTWORK
This.Agfeement fbr.Loan and Temporary.Exhibition of Artwork-itiade and entered into onbis.
y TZ/nfJanua
' ryf'2025 by'and between Creative Artist Guild (hereafter,called"Guild"')'and the-
City of Clearwaterjlorida,f hereafter called the"City"),a municipal corporation of the State of
rlorida,'located-at 600 Cleveland Street Suite 600 Clearwater FL 33755
WHEREAS,the'City wishes to-temporarily exhibit artwork in-the•gailery space at the'Aging Well
Center,locatedIn the.Long Center Building at 1501 N Belcher Rd Clearwater;FL 33751
WHEREAS,.the Guild wishes.to.loan artworks from their collection for such-ternporary
ekhibitions,`as rnoi'.efully describedin EichibitA(hereafter called "Artwork").
NOW,THEREFORE;in consideration of the mutual promises contained herein and ather:good
and•valuable.consideration,tete Parties'agree that the above term's,recitals,and
representations are true.artd accurate and areAncorporated herein by references and.the
'Parties further agree as follows:
1. TERM
1.1 The City hereby agrees to contract'with the Guild.for the.[ban anti temporary
exhibition of Artwork within the Aging Well Center fora period of six(6) months,
commencinggonianuary27,2025.and terminating on.July25,2025.
4. ;GUILD.RESPONS1BlijTlE-S
2.2 Guild-and their assistants, using-their bwn or hired'personnel_and equipment are
fullftesponsible for the costs and handling involved in the:delivery-of'the Artwork to
the exhibition site;fhe installation-and deinstallation of the Artwork at the site..and
the removal of the.Artwork from the site.Guild wilf agree to-installation and
deinstallation dates during the regular business hours.of the exhibition site, unless
specifically agreed to by the:City.
2.2•Guildvvill provide the City with a list of all Artwork pcoposiad for exhibitiort.Guild Wil
provide the:City with all pertinent information for review and marketing purposes,
including.participating_artists,artvvork titles,exhibition dates,:and ceremonies.
2.3.Guild wiil provide.the City with all applicable-Artist.and Artwork information for-the
exhibition;in'the,form of labels and/or.placards.
3. CITY RE8I30NSIBILITiES
3.1 The-City will supply space for the exhibition of-Artwbrk that is free and open to'the
public.during normal-business hours.
3.23he City.wifl provide necessary hardware for the exhibition.of Artwork, including-a
gallery track system, hooks,and aluminum cables..
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3.3 The'Citywill pramote-tlie'exhibitions performed und&this Agreement through
cormunictins,such as-www comtheCinormal City ty Facebook
page and social media,internal staff communications,•flyers,and messages-to
partner-organizations.
3.4 The City shall retain the right-of first refusal of ariy artviiork propased:'for exhibition.: .
r Guild Will-supply the.City with a list of all'Artviork proposed forExhibition:The City`.
shall;within a reasonable'timefrarne review the proposers Artwork and approve
them for display.as part of-this Agreement,
.4: SALES
•4.I All sales of Artwioi-k Will be between the Guild and.the p.irchaser:
4.2 The'dty will not take any commission-on.Artworks'sold while on-exhibition as part,of
this Agreement.
4.3 Sh6uld'an artwork be.sold, it.shall remain-on display until the end of the.exhibition
unless a replacement is mutually-agreed upon by*the,Guild and City:Aitwork not
b ailabl'e for sale shall be marked NFS ori the display tag:Artwork:sold during the
exhibition will be marked.oib a.red-dot.on the displa 'tag.
5. *RISK OP-LOSS
5.1 Guild and its members shall Bear all risk of loss"or damage to the loaned:Artwork,
including, but not•limited to:theft,vandalism., or.any other act.by'a third•party, and
damage caused by:acts'af-god,war.,di-natural conditionVdisasters,ir►cluding but
not-hinited to;floods; l?urricanes;tornadoes; lighting,and any loss occurring during
the storage;transpprtation;delivery, installation;.dehittallatiob,grid removal of-t4e
Artwork, regardless of where such lots•occurs:
6. INSUF ANC'E
6.1 The-Cuild lending.Artwork-for exhibition acknowledges that the City will not provide
any insurance:coverage for the items on loan while they are iri the possession-or
custody-of*the City-according to.the•terms.of-this Agreement.Guild waivesany and
all su6togation rights against the City for any damage tb,destruction of,thefit•of;-loss
of,or..other casualtyto Artwork during the tunes whiles it is in possession orcustody
ofthe•City,-according tothetermnsbf'thisAgreernent.City.•staff will exerdse•the
sarrie•care with respect to loaned Artwork-as it does in the safekeeping'of its oWra
property.
7. INDEMN1FICAT[ON
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7.1 Subject to Florida'Statute 768.28,Guild agrees to indemnify and hold free and
haemle`ss,-ass me lega(liabilityfor and defend the..City,.its..officers and employees,
whether current or fo.rmerr-from and against any.and all.actions,claims,.liabilities,
assertions of liability,.losses,costs.and eupens`es,in lawor in equity; ii9cluding but
not limited to attorney's fees.at trial and appellate.levels, reasonable investigative
and-discovery costs,court,eosts;or clainis`for bodily injuN or.death of persons and
for loss of or daf�nage to.property.,except as provided for herein,or-,every kind and
nature whatsoever,which"in any manner directly or ind'i'rectly may arise-or be.
allegod to have arisen dr as a iesdit of the duties and obligations as regUited by this
Agreement that.wh.ich 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 Guild.
7.2-Nothing contained herei f isintended to serve-as a waiver by the City of,ifs.sovereign
immUnity,to extend the liability of the City beyond the.limits-set forth Jn Section
768:28,.Florida Statutes,or be.construed as-consent by the City.to the sued 4y third
parties.
S;. AMENDMENTS
`8.1.The conditions set:forth herein-apply�ta all objects fent to.the City fortemporary
exhibition and cannot be:altered;changed;waived,or otherwise amended except as
agreed upon in writing by both:parties.
9. bEFAU.LT
.9.1,Failure or-rOusal'of Gifiid to perforin ordo any.agt.hereln.required shall constitute-a
default. In the event ofa default,in additionto any other remedy available to'the
City, upon thirty(3P)days written notice,the City may terrninate'this Agreement:
Such termination does not waive.any other legal remedies available to the.City.
(signatures an fo�Jowing page)
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IN WITNESS THEREOF,.the.Parties:have caused this Agreement to be-sighed' in."its'
corporbte/legal name by it autborized representative or.persons.authorized to execute this
Agreement:on the.date"first above.written.
CREATIVE-ARTIST GUILD
dstin Karcher President
CIV.OFCLEAR ATER,"FLORIDA
Daniel.Slaug far
Assistant'City Manager
A, d as to fo
wen"Kohler
Lead Assistant City Attorney
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