File Ref. #168
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AGREEMENT
FOR LOAN OF ARTWORK BETWEEN
THE CITY OF MIAMI BEACH
AND
1'1i'1
This Agreement is made as of the day of , ~(Agreement), by and
between the CITY OF MIAMI BEACH, FLORlDA (CITY) and
1. . agrees to loan work(s) of art to the CITY to be
installed in the Office of the Mayor at Miami Beach City Hall, 1700 Convention Center Drive,
Miami Beach, Florida, for a period of six (6) months beginning with the date of delivery of the art
to the Office of the Mayor. The list of work(s) of art is attached hereto and made a part
hereof, as Exhibit "A."
2. The piece(s) shall be transported from the individual artist's studio, and installed by
the artist, including the labeling of the work identifying the artist's name and the South Florida Art
Center, at the expense of the artist/South Florida Art Center and in a manner generally acceptable
to all parties.
3. At the end of the exhibition period, the CITY agrees to release the works to the
artist/South Florida Art Center unless the loan agreement is mutually extended in writing.
4. During the transportation of the art works, and the period of exhibition, the CITY
agrees to keep the works insured against casualty for the benefit of the artist, at the expense of the
CITY. The estimated value of the works of art is listed on Exhibit "A". These values have been
estimated by the artist/South Florida Art Center. The CITY and artist agree that the insurance
referenced in this paragraph shall be based on such values. The insurance for the works of art will
be provided by the CITY through the self-insurance fund.
5. At any time during the exhibition period, the works may be removed for sale or show
elsewhere by the artist, and replaced by a work agreed on by all parties.
6. This loan is being made by at no charge to the CITY. SF AC
represents that the artistes) named on Exhibit "A" own the work(s) and have authorized this
Agreement.
7. The CITY and artist/SF AC acknowledge the receipt and exchange of adequate
consideration in connection with this Agreement.
8. The CITY desires to enter into this Agreement only if in so doing the CITY can place
a limit on the CITY's liability for any cause of action for money damages due to an alleged breach
by the CITY of this Agreement, so that the CITY's liability for any such breach never exceeds the
sum of $ . Accordingly, and notwithstanding any other term or condition of this
Agreement, the artist/SF AC and the CITY hereby agree that the CITY shall not be liable to the
artist/SF AC for damages in an amount in excess of _$
, for any action or claim
for breach of contract arising out of the performance or non-performance of any obligations imposed
upon the CITY by this Agreement. Nothing contained in this paragraph or elsewhere in this
Agreement is in any way intended to be a waiver of the limitation placed upon the CITY's liability
as set forth in Florida Statutes, Section 768.28.
9. All notices under the term of this Agreement shall be sent to the following:
South Florida Art Center. Inc.:
Ms. Jane Gilbert
South Florida Art Center, Inc.
924 Lincoln Road
Miami Beach, Florida 33139
City:
City of Miami Beach
City Manager's Office
1700 Convention Center Drive
Miami Beach, Florida 33139
With Copies to:
Office of the City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
10. This Agreement shall be construed in accordance with the laws of the state of Florida.
This Agreement shall be enforceable in Miami-Dade County, Florida, and iflegal action is necessary
by either party with respect to the enforcement of any and all terms or conditions herein, exclusive
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venue tor the enforcement of same shall lie in Miami-Dade County, Florida.
CITY OF MIAMI BEACH
Neisen Kasdin
Mayor
Robert Parcher
City Clerk
SOUTH FLORIDA ART CENTER, INe.
President
Secretary
RJAI1cw
F:IA TTOIAOURIAGREEMN1\SFACLOAN.AIlT
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Exhibit "A"
The undersigned (lender) hereby lends to the City of Miami Beach, Florida, the object(s) described
herein for the purpose and subject to the terms and condition set forth herein and in the attached
Agreement.
Name of Exhibition! Artwork:
Description ofPiece(s): (medium, size, etc)
Loan Period:
Artist Name:
Address of Artist:
Phone Number:
Date executed:
Is this work for sale? YES_NO
Retail value in U.S. currency:
Insurance Value:
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