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PUBLIC MURAL GRANT AGREEMENT
PUBLIC MURAL GRANT AGREEMENT This Grant Agreement is made and entered into on this 31 day of March, 2026 between the Clearwater Community Redevelopment Agency, whose address is: 100 S Myrtle Ave., 3rd Floor, Clearwater, FL 33755, ("CRA"), and Carlos Culbertson, DBA Zulu Painter ("Artist"). WHEREAS, it has been determined by the CRA that public art is highly desirable in the North Greenwood Community Redevelopment Area; and WHEREAS, the Community Redevelopment Agency Trustees voted to approve an allocation of funding to the North Greenwood Art Oasis 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 31, 2026 and continue through May 30, 2026 ("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 or permissions are secured to install a mural(s) on the restroom structure at Cherry Harris Park located at 1141 Beckett St, Clearwater, FL 33755 ("Building"). 2.2 The Artist shall present the completed design(s) of the mural(s) to the CRA prior to the installation of the mural(s). (Exhibit A) 2.3 All Artwork shall be installed no later than May 30, 2026. 2.4 The Artist agrees to maintain in force a liability insurance policy in an amount acceptable to the City of Clearwater and the CRA which will insure and indemnify the City of Clearwater and the CRA, 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 CRA shall be included as "additional insureds" on such policy. (Exhibit B) 3 RESPONSIBILITIES OF THE CITY 3.1 The CRA agrees to provide the Artist with a grant in the amount of $12,200 (twelve thousand dollars) to be paid in two separate payments. The first payment of $6,000 will be for priming, materials, and labor. The second payment of $6,200 will be issued upon completion of the mural. The 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 minimum of 3 photos 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 CRA communications, such as www.myclearwater.com and www.myclearwatercra.com, the CRA 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 REMOVAL OR RELOCATION 5.1 All Artwork shall be installed no later than May 30, 2026, and maintained on the property until May 30, 2027 by the Property Owner. The Artwork shall not be altered, modified, relocated, or removed for a period of one (1) year from date of completion per the Agreement to Commission a Public Mural Exhibit A. After this time, and pursuant to 17 U.S.C. §106A(e), the Artist specifically waives any protections afforded to the Artist under 17 U.S.C. §106A with respect to the Artwork and the uses of the Artwork as described in this agreement. Artist also specifically acknowledges that removal of the Artwork from the property may subject the Artwork to destruction, distortion, mutilation, or modification. In addition, in the event there is a condition or accident that occurs outside the reasonable control of the City, such as an act of God, resulting in damage or destruction of the Artwork, then the Artwork may be removed or replaced. At any time after the execution of this Agreement, the City may request that the Artwork be removed from the site due to hardship, and the Artist and the City will consider that request in good faith. 6 NOTICE 6.1 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 100 S Myrtle Ave., 3rd Floor Clearwater, FL 33755 Zulu Painter 515 22nd St. S Box 7 St. Petersburg, FL 33713 7 DEFAULT 7.1 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. 8 TERMINATION 8.1 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. 9 DISCLAIMER OF WARRANTIES 9.1 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) 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. Carlos Culbertson (Zulu Painter) COMMUNITY REDEVELOPMENT AGENCY Jesus o CRA Director Approved as to form: en Kohler City Attorney Da oy w zo2tt Date a-OM3i< O Attest: Rosemarie CaII City Clerk Lwe Exhibit A Exhibit B A� o® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 0320/2026 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(ies) 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 Next First Insurance Agency, Inc. PO BOX 60787 Palo Alto, CA 94306 CONTACT NAME: PHONE (855) 222-5919 FAX (AIC. No. Extl: (A/C. No): E-MAILESS: support@nextinsurance.com ADDRort@nextinsurance.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: State National Insurance Company, Inc. 12831 INSURED CARLOS CULBERTSON ZULUPAINTER 515 22nd St S # 7 Saint Petersburg, FL 33712 INSURER B : NXT3KCYCQH-00-GL INSURER C : 04/29/2026 INSURER D : $1,000,000.00 INSURER E : INSURER F : X COVERAGES CERTIFICATE NUMBER: 174634885 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. INSR TYPE OF INSURANCE !ND SLW BR D POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X X NXT3KCYCQH-00-GL 04/29/2025 04/29/2026 EACH OCCURRENCE $1,000,000.00 CLAIMS -MADE X OCCUR DAMAGE TO PREMISES (Ea occurrence) $ 500,000.00 MED EXP (Any one person) $15,000.00 PERSONAL & ADV INJURY $1,000,000.00 GEN'L X AGGREGATE POLICY OTHER: LIMIT APPLIES PRO- JECT PER: LOC GENERAL AGGREGATE $2,000,000.00 PRODUCTS - COMP/OP AGG $ 2,000,000.00 AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON -OWNED AUTOS ONLY COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N/A PER STATUTE OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The Certificate Holder is City of Clearwater. A Waiver of Subrogation applies in favor of this Certificate Holder on the following policies: General Liability. This Certificate Holder is an Additional Insured on the General Liability policy per the Additional Insured Automatic Status Endorsement. All Additional Insured privileges apply only if required by written agreement between the Certificate Holder and the insured, and are subject to policy terms and conditions. CERTIFICATE HOLDER CANCELLATION City of Clearwater Attn: CRA PO Box 4748 Clearwater, FL 33758 LIVE CERTIFICATE 0 0 0 Click or scan to view SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE c. ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD