HomeMy WebLinkAboutcls_parker_ad_renewal_2018 AGREEMENT FOR DISPLAY OF ART WORKS
THIS AGREEMENT is entered into on this I st day of August, 2018, by and between
the CITY OF CAPE CANAVERAL, a Florida municipal corporation, whose mailing address
is P.O. Box 326, Cape Canaveral, FL 32920; Phone Number: 321-868-1220 ("City") and
Kathleen S. Parker, whose address is 8519 Canaveral Blvd. Cape Canaveral, FL 32920;
Phone Number: (321) 271-6903 ("Artist").
WHEREAS, the Artist has requested permission to display his or her art works, as listed
on Schedule A, which is attached hereto and fully incorporated herein by this reference, at the
City's City Hall or other place of business deemed suitable by the City; and
WHEREAS,the City is willing to allow the Artist to display the art works at its City Hall,
subject to the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the provisions contained in this Agreement
and other good and valuable consideration which the parties acknowledge has been
received, the parties hereto agree as follows:
1. The Artist grants to the City a loan of the Artwork identified and described on
Schedule A. This loan shall continue until terminated by either party as provided in Section 6
below.
2. Upon delivery of the Artwork, Artist grants the City the irrevocable right, at the
City's sole discretion,to: (a)display the Artwork in the City Hall or other business premises of the
City; (b) to use the images of the Artwork in materials about or relating to the exhibition of the
Artwork by the City, and to all others to do so, in all media now known or later developed and
including the Internet and the World Wide Web, provided such use shall not be for commercial
purposes. This grant shall survive termination of this Agreement.
1 The Artist also grants the City the irrevocable right to use Artist's name,
photograph, likeness, and biography in connection with the City's exercise of the rights granted in
this Agreement. This grant shall survive the termination of this Agreement.
4. The Artist represents and warrants that he or she: (a) is the sole creator of the
Artwork; (b) is the owner of the Artwork and all of the rights under copyright in the Artwork; (c)
has the full authority to loan the Artwork and grant the rights provided by this Agreement. Artist
further represents and warrants that nothing in the Artwork defames any person or entity, infringes
any copyright, or otherwise violates the rights of any third party. The parties acknowledge that
the ownership of the Artwork shall remain with the Artist. Artist agrees to indemnify, defend and
hold harmless the City and its officers, employees, agents and independent contractors from any
liability (including attorney's fees and costs of defending any action) arising out of any claim by
any individual,institution, or other person claiming full or partial title or copyright to the Artwork.
Artist accepts all risk associated with the Artwork being on display or stored in City Hall or any
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other business premises of City, and hereby releases all claims and subrogation against the City
for any loss or damage to the Artwork, however caused.
S. During the duration of its custody of the Artwork, from the time of delivery to the
time of pickup, the City shall be fully responsible for the supervision of the Artwork to the best of
its ability to secure its safety and to prevent damage. The City will provide the same care to the
Artwork that the City provides for comparable property of its own. The City shall not perform
upon the Artwork any special maintenance and/or preservation care unless expressly agreed
otherwise in writing. As a condition of this Agreement, the Artist expressly agrees to assume, to
the fullest extent, eventual risks of loss or damage to the Artworks arising out of the display and
exhibition of the Artworks at the City's City Hall and other business premises. The Artist hereby
releases the City and its officers, employees and agents and independent contractors from liability
for, and waives any claims the Artist may have against them now or in the future arising out of the
display and exhibition of the Artworks at the City's City Hall and other business premises
including,but without limitation to, claims of damage,injury, disappearance or destruction by any
cause or instrumentality, including the negligence or wrongful acts of the City and its officers,
employees, agents and independent contractors, theft, vandalism, fire casualty, acts of God, or
other unexplained causes.
6. Either party may terminate this Agreement upon fifteen (1 S) days' written notice
to the other party for convenience. Upon termination, the Artist shall promptly remove the
Artworks from the City's premises during business hours and countersign a copy of any delivery
receipt required by the City to acknowledge receipt of the Artwork. It"Artist does not remove the
Artwork upon termination of this Agreement, the City shall have the absolute right to place the
Artwork immediately in storage and charge regular storage fees and any related insurance cost.
Further, if Artist does not remove or pick up the Artwork within six months after the termination
of this Agreement, the Artwork shall be deemed abandoned and an unrestricted gift to the City,
which the City may use for any purpose, including without limitation, dismantling, salvaging or
sale.
7. This Agreement contains the entire agreement between the parties regarding the
subject Artwork and matters addressed hereunder, and shall supersede any and all other
communications, representations, understandings, and agreements between the parties, oral or
written, pertaining to the Artwork and the subject matter hereof. This Agreement may not be
modified or amended except in writing duly signed by the parties hereto. Any party's waiver of
any provision, right or remedy under this Agreement must be in writing signed by an authorized
representative of the waiving party to be effective. If a party does waive any provision, right or
remedy under this Agreement, such waiver will not preclude the party from enforcing any other
provision, right or remedy.
8. This Agreement shall be governed by the laws of Florida. Any legal action
regarding this Agreement shall be resolved by the courts in Brevard County,Florida,or, for actions
in federal court, venue shall be properly placed in Orlando. Each party hereby submits to the
jurisdiction of said court. Each party agrees to bear their own attorney's fees and costs related to
any litigation related to this Agreement.
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9. All notices and communications pertaining to this Agreement may be directed to
the addresses and phone numbers listed at the beginning of this Agreement.
10. Nothing contained herein shall be construed as a waiver of the City's rights to
sovereign immunity under Section 768.28, Florida Statutes or any other provision of law.
IN WITNESS WHEREOF, the parties have signed this Agreement as of the date
appearing above.
CITY OF CAPE CANAVERAL
David L. Greene, City Manager
Date: 7
ARTIST
Kathleen S. Parker, Artist
Date:
[Page 4—Schedule A follows]
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SCHEDULE A
LIST OF ART WORK
List in detail each piece of Artwork being delivered by the Artist to the City for display
and exhibition under this Agreement. Include a photograph of each piece. No special display,
maintenance, or preservation instructions for Artwork shall be performed by the City unless
expressly described herein and approved by the City Manager:
Title: Pelicans
Medium: Archival acrylic print
Dimensions:12" x 44"
Year:
Image:
Special instructions for care:____
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EXHIBITA
Title of Object: Pelicans
Artist: Date Parker
Medium: Archival acrylic Print
Dimensions: 12" x 44"
Photo:
1