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Resolution 2024-33304 RESOLUTION NO. 2024-33304 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE ART IN PUBLIC PLACES ("AIPP") COMMITTEE TO ALLOW OTH STREETSCAPE, LLC (THE "PARK DEVELOPER"), AN AFFILIATE OF OCEAN TERRACE HOLDINGS, LLC, TO MOVE FORWARD WITH THE INSTALLATION OF A PROPOSED SCULPTURE ENTITLED "REFLECTION," BY PRUNE NOURRY (THE "ARTIST"), WITHIN THE OCEAN TERRACE PARK/STREETSCAPE IMPROVEMENTS; FINDING THAT THE COST TO THE PARK DEVELOPER OF COMMISSIONING AND INSTALLING THE ARTWORK EXCEEDS THE AMOUNT OF THE 2% AIPP CONTRIBUTION BASED ON THE PARK'S CONSTRUCTION COST; WAIVING, ON A 5/7THS VOTE AND PURSUANT TO SECTION 82-587(C) OF THE CITY CODE, THE REQUIRED AIPP CONTRIBUTION AND APPROPRIATION FOR THE PARK/STREETSCAPE IMPROVEMENTS, IN FAVOR OF THE PARK DEVELOPER PAYING SUCH COSTS DIRECTLY AS THEY COME DUE, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY; AND APPROVING THE COMMISSION AGREEMENT BETWEEN THE PARK DEVELOPER, THE ARTIST, AND THE CITY. WHEREAS, on July 31, 2019, the City executed a Development Agreement with certain affiliates of Ocean Terrace Holdings, LLC (collectively, "OTH"); and WHEREAS, pursuant to the Development Agreement, OTH and its affiliates would develop, design, permit and construct, at OTH's sole cost and expense, certain park and streetscape improvements between 73rd Street and 75th Street having a value upon completion of approximately $14.8 million, thereby implementing the vision of the Neighborhood Design Plan prepared by the Corradino Group and Garcia-Pons + Associates ("Park/Streetscape Improvements"); and WHEREAS, OTH Streetscape, LLC, an affiliate of OTH, is the entity responsible for constructing the Park/Streetscape Improvements (the "Park Developer"); and WHEREAS, ownership, operation, and maintenance of the Park/Streetscape Improvements will rest solely with the City; and WHEREAS, the Development Agreement requires that OTH comply with the City's Art in Public Places ("AIPP") program requirements under Section 82-536 through 82-612 of the City Code, and it contemplates that OTH would contribute to the City's Art in Public Places fund a total of 2.0% of the "construction cost" of the Park/Streetscape Improvements (the "Public Art Funds"), with the full amount of such Public Art Funds to be dedicated specifically to OTH's use for public art within the Park/Streetscape Improvements; and WHEREAS, in view of OTH's overall design responsibility for the Park/Streetscape Improvements, the Development Agreement allows OTH to either: (a) submit the proposed artworks to be funded with the Public Art Funds to the City's Art In Public Places Committee for its review, recommendation and approval; or(b) seek the City Commission's approval of the proposed artworks and waiver of any applicable AIPP Ordinance program requirements, "which approval by the City Commission shall not be unreasonably withheld, conditioned, or delayed"; and WHEREAS, on February 20, 2024, and March 19, 2024, Park Developer presented a proposed sculpture known as Reflection (the "Artwork") by Prune Nourry (the "Artist") to the City's AIPP Committee for its review, and Park Developer was approved to proceed with the installation of the proposed Artwork; and WHEREAS, on October 8, 2024, the City's Historic Preservation Board granted a Certificate of Appropriateness for the installation of the proposed Artwork within the Park/Streetscape Improvements; and WHEREAS, as part of Park Developer's submittal to the AIPP Committee and the HPB, a detailed presentation, including proposed materials, maintenance plan, and budget were provided; and; WHEREAS, the City and OTH have agreed that Park Developer shall be responsible for commissioning and installing the Artwork (including all associated costs); and WHEREAS, the cost to Park Developer of commissioning and installing the Artwork exceeds the 2% AIPP contribution, based on the construction cost of the Park/Streetscape Improvements; and WHEREAS, OTH desires that the City waive the required AIPP contribution and appropriation for the Park/Streetscape Improvements in favor of the Park Developer paying for the costs of the proposed Artwork directly as they come due; and WHEREAS, such waiver is in the best interest of the City because it will allow the Park Developer to pay for the costs of the Artwork directly to the Artist and the relevant parties and avoid the City having to make payments from funds contributed by OTH to the City's AIPP fund, thereby expediting the construction of the proposed Artwork and delivering desirable operational and administrative efficiencies; and WHEREAS, the Park Developer intends to enter into a certain Commission Agreement with the Artist and the City regarding the proposed Artwork, and the City desires to approve and join in that Commission Agreement; and WHEREAS, the Administration recommends that the Mayor and City Commission adopt this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby: (a) accept the recommendation of the AIPP Committee to allow OTH Streetscape, LLC (the "Park Developer"), an affiliate of Ocean Terrace Holdings, LLC, to move forward with the installation of a proposed sculpture entitled "Reflection," by Prune Nourry (the "Artist"), within the Ocean Terrace Park/Streetscape Improvements; (b) find that the cost to the Park Developer of commissioning and installing the Artwork exceeds the amount of the 2% AIPP contribution based on the construction cost of the Park/Streetscape Improvements; (c)waive on a 5/7ths vote, and pursuant to Section 82-587(c) of the City Code, the required contribution and appropriation of the Public Art Funds for the Park/Streetscape Improvements, in favor of the Park Developer paying such costs directly as they come due, finding such waiver to be in the best interest of the City; and (d) approve the Commission Agreement between the Park Developer, the Artist, and the City.h1"� PASSED AND ADOPTED this ,30 day of Oe7i' 2024. iir j -teven Meiner, Mayor ATTEST: NOV 0 5 2024 Rafael E. Granado, City Clerk ' -y APPROVED AS TO • " FORM AND LANGUAGE ‘ikuo& oko & FOR EXECUTION %may 6�4s � City At orney ��Date Agenda Item C 74 Date /0-30-0/ [Date, 2024] Ocean Terrace Streetscape, LLC 1035 N. Miami Ave,#201 Miami, FL 33136 Attn: Jared Green ,/\ Dear Jared, /../ < / This letter ("Agreement") shall serve to detail the terms foi your commission of a sculpture (the "Sculpture") by Atelier Prune Nourry ("Artist") for displayih a five-acre public greenspace (the "Park") being developed by Ocean Terrace Streetscape, LLC as part 'ofits Ocean Terrace redevelopment project. Ocean Terrace Streetscape.; LLC and its permitted"assigns under this Agreement shall collectively be referred to as"QTH,''. �. \ `\\ \ The Sculpture \ ` f. 1. The Sculpture shall have an approximate size of 25'7"1 7' 4"and be comprised of carved Siporex blocks that are covered in a finish d,oat a t silicate rotective layer to form a single work of art. The Sculpture will be substant al y\simila to the model and artwork submitted to and approved by the City of MiarrkBeach Art �PubkPlaces•,,Commsttee\( AIPP ) on March 19, 2024,and as submitted t9 And approved by the City ofMiami„Beach( City”)Historic Preservation Board on October 8 402;--as such'approvals�endreejuirements ra e- communicated by OTH to Artist. The preliminaryrartwork and additional specifications for the Sculpture are attached hereto as Appendix A. OTH\acknowledgestlyiat as a r silt\of the artistic and manufacturing processes the Sculpture may have non-material`differences from the approved model. All of the terms and conditions,of-this Agreement,,:including,the payment obligations, shall apply regardless of any such non-material`differences.Notwithstanding�the foregoing,Artist shall fabricate and install the Sculptured n substantial conformity with the approved model and may not deviate from the approu�ed model without conformity of OTH (and potentially AIPP, if additional review by AIP`P,is)equired by applicable \ \ 2. The,Siporex blocks for the Sculpture shall be produced in the United States (Artist and OTH shall mutualby agree on an alternate plan if needed). The blocks shall be assembled on the supporting structure,on site 4-the/Park under the direction and supervision of the Artist.Following the assembly,Artist will direct,acid supervise the application of the finish coat and protective layer. Completion of the Sculpture. .at the Park will take approximately ten(10)days. The entire process of fabricating and installing the Sculpture is estimated to take approximately six (6) months following approval of the models and artwork,with an expected (but not guaranteed) completion prior to Art Basel Miami 2024. The parties shall mutually agree to a schedule for completion of the model and artwork,approval by the City,fabrication of the structure and blocks,shipment,and installation. 1 3. For clarity,the Sculpture includes solely the half head depicted in the preliminary artwork. The Sculpture does not include, and Artist is not responsible for any other element depicted or implied in the artwork, including but not limited to any trees or other vegetation, the pond, the underwater foundation on which the Sculpture sits, and the depicted bench. Obligations of OTH 4. OTH shall be solely responsible for and shall pay all costs required for: a. Obtaining the approval from AIPP for the Sculptu e . �/ b. Obtaining all other permits and approvals required for,the construction of the Park (including but not limited to the construction of the pond,found'ation.,fo,the Sculpture,and bench), and the installation of the Sculpture (including but not limited to the'application of the finishing and protective coats); � `\. . c. Furnishing all supplies,materials,egrip nt for the sculpture and its production. d. Packing and shipment of the supporting structure and Siporex blocks from the production facility to the site in Miami Beach, forage until installation occurs, and"deelivery and unloading of the structure and blocks at the Park for installation;/\> \ ,, e. Construction of the Park, including but riot limited to the pond, the foundation for * the Sculpture, and the bench; r f. Access to the Park dut ing tthe,period required'to install and finish the Sculpture, subject to reasonable rules regarding aece s'in connection with ongoing construction of the Park and adjacent project and coordination with ss ch cor struction progress,with the understanding that insufficient access may delay and/or increase the cost-of tt e,Sculpfur`,\ g. Reasonable travel'and hotel accommodations forArtist\and one (1) representative of Artist to supervise/mstallation and\finishing o -the culpture at`the Park(all costs require prior approval by OTH); t/ ., ..� �'6 h. The•,provision of a)'sufficient nutril er of contractors with experience in the installation of artwork•and/or other works.comprising�similar care to install the Sculpture and apply the finishing-and_protective coat's; and \ .i All site, workplace, and worker safety at the Park and all other locations the Sculpture o�s compon'ents a're'shiped or stored.'"'/ `�... 5. �';: 'In addition to the`foregoing;.,if'any unveiling of the Sculpture or official opening of the Park isch.'eduled, OTH shall provide reasonable travel and hotel accommodations for the Artist to attend (all"costs require prior approval'by OTH). Obligations of Artiss st., • / 6. Artist shall be-responsible for the following: a. Performing"all services necessary for the design and fabrication of the Sculpture, including those necessary for installation of the Sculpture(but excluding the surrounding fountain, foundation and plinth for the Sculpture) and application of the finish coat and protective layer. Such services shall be performed in a professional manner and in strict compliance with all terms and conditions of this Agreement. b. Inspecting the Park prior to the transportation and installation of the Sculpture. Artist shall notify OTH in writing of any adverse conditions that may impede or otherwise impact 2 the installation of the Sculpture and which require resolution before proceeding with any portion of the services or installation of the Sculpture.Artist shall provide such notice within a reasonable amount of time so as to allow OTH to properly coordinate any necessary corrections and not create any delays to the construction schedule. c. Virtually attending public information meetings with the general public(if required by AIPP and subject to Artist's reasonable availability and time difference)and virtually attending design and construction coordination meetings with OTH, general contractor, architect and other parties, as appropriate and subject to Artist's reasonable availabilityNand time difference, to communicate about the Sculpture and to ensure appropriate integration,and/or installation of the Sculpture. / d. Participating, as necessary, in the preparation,of applications and such documents and design data as may be required to procure approvals from all such governmental authorities that have jurisdiction over the construction of the Park and`�ins`tallation ofthe-Sculpture. Artist,her assistants, or assigned subcontractors shall partii pate irtually in any. eceessary meetings, submissions, resubmissions and negotiations withJsuchyauthorities, subject to`.Artist's reasonable availability and time difference, and Artist shall respond to comments by such\autliorities in a timely manner to adhere to the agreed-upon schedule: \e e. Coordinating the transportation and'installation of the Sculpture in coi shltation with OTH. ~'`�• \"'� f. Supervising, directing; and approving the\.installation of the Sculpture and the application of the finish coat and protective layer:,. .4 g. Providing OTH and the City�with-a maintenanceymanual with a description of all material, landscaping, and products utilized''in the Sculpture and°the`r.�equired care and upkeep involved, as well as a listing of an. local su liers utilized ` ,J h. Being/available l reasonab e;id v nc otice-for meetings, ceremonies and the like, as necessary,/ i. If anSr,personal appearance of Artist is required for any meeting above, OTH shall pay for Artist's reasonable travehand otel accommodations (subject to OTH's prior approval)unless the timirig`can'be coordinatedhwith another visit Artist has planned to the Miami area.Travel origination will only,be from Paris,<Frailceor New York,NY unless otherwise agreed to by OTH. 7. \ Upon completion andinstallat on of the Sculpture,Artist shall be responsible for obtaining written"final,approval from'QT1. If OTH;finds the Sculpture acceptable, the requirements of the Agreement`with regard to design fabrication, and installation of the Sculpture satisfied, and all conditions of the permits and regulatory agencies fulfilled,final acceptance shall be given by OTH. :j Payment e 8. In consideration'for the production and installation of the Sculpture, in addition to OTH's other obligations under this Agreement, OTH hereby agrees to pay Artist the amount of thirty- one thousand two hundred dollars($31,200 USD) in addition to any pass-through expenses at cost as agreed to in writing by OTH and Artist. OTH acknowledges that because this is Artist's first commission in the United States, Artist has significantly discounted its customary fee for a Sculpture of this size. 3 9. This amount is payable as follows: a. Upon signing: $10,000; b. Upon completion of the structure and blocks: $10,000; and c. Upon obtaining written final approval from OTH : $11,200 10. All payments due under this Agreement will be remitted to: Bank information: Prune Nourry BNC " IBAN: FR76 3006 6100 0500 0204 9410 229 BIC: CMCIFRPP f Bank CIC Paris Opera Bourse, 28 avenue de l'Opera)75002\Par , France Bank: 30066/Office: 10005 /Account: 0002049441102 ey: 29 . OTH shall pay any fees imposed by its bank to make any payment. Interest'at the rate of one percent (1%) per month shall accrue and be due orl any mounts which are not;paid within thirty (30)days from being due. OTH shall reimburse.`Artist for all costs it incurs to collect any amounts due under this Agreement, including reasonable attorneys' fees;;collection agency court costs. All payments are exclusive of any applicable to es( e foreseen). L . *\ / Representations and Warranties \ \.: -. •.\ 11. Artist represents and warrants that; ,�� "-- , :, a. The Sculpture_is solely the result of the-arti'stic effortoffArtist ; b. Except as'otherwise disclosed it ngrto,.O`TI-, the/Sculpture is unique and original and does not•infringe upon any copyright-orothe rights of any>person, c. The'Scu16*ture(or duplicate there'd)1,4s not been accepted for sale elsewhere; d. Artist has not sold, assigned, transferred, licensed, granted, encumbered or utilized the Sculpture or any element thereof oLany copyright related thereto which may affect or impair the rights,granted pursuant to this Agreement- \ e. .y. The Sculpture is free and-lir of any-1 ens from any source whatsoever; r,_ f;,: These.,representations and warrant es shall survive the termination of this Agreement. -,o , Rights'a d'Credits ',` ` '` \ \. \ 12. OTIf'agr'ees that Artist is the sole and exclusive creator of the Sculpture and is the sole and exclusive author-,;nd r owneof/all copyrights in the Sculpture. OTH agrees that (a) any contributions to the Sculptu e by'tJTH or any employee,agent or subcontractor of OTH were made as "works made for hire-for/Artist; (b) OTH on behalf of itself and its employees, agents and subcontractors hereby assign to Artist any and all interests any of them may have in the copyrights in the Sculpture;and(c)OTH shall never contest the validity of the copyrights in the Sculpture or Artist's ownership thereof. At its option, Artist may register its copyrights in the Sculpture. Prior to the time OTH assigns this Agreement and all right, title and interest OTH has in the Sculpture to the City,OTH shall not intentionally and materially alter the Sculpture without the prior written consent of Artist.Notwithstanding the foregoing, Artist hereby waives,to the extent permitted by applicable law, all rights of paternity, integrity, attribution, disclosure, withdrawal, and any other 4 rights that may be known as "moral rights" with respect to the use and display of the Sculpture pursuant to this Agreement. To the extent this waiver is not permitted by applicable law, Artist hereby agrees not to enforce such moral rights against OTH and its permitted successors, sublicensees, and assigns. 13. OTH shall provide and install next to the Sculpture a plaque designed by Artist to be mutually agreed upon, identifying the title of the Sculpture, which shall be provided by Artist (currently Reflection), and identifying the artist of the Sculpture''as "Prune Nourry" and r'its, acknowledging that the Sculpture was commissioned by OTH oparent company Ocean Terrace Holdings, LLC. Such plaque shall include, at a minimum, a narrative describing Artist's intent and inspiration for the Sculpture, as required by the approval Order of the City's Historic Preservation Board for the Sculpture. . ,/ •`•; 14. Upon completion and installation of the Sculpturepursuant to SectionL7.above, OTH will be assigning this Agreement and transferring ownership of the Sculpture to the CAll terms of this Agreement shall remain consistent and all references to OTH will instead eit Y,.fer to..the City or its assigns. Specifically, the City will only be'acquiring the,p'liysical Sculpture aid„not the copyrights or other intellectual property rights in or to the Sculptu e Further, the Sculpture may not be intentionally and materially alteredin any way withoiztthe prior written consent of Artist. Notwithstanding the foregoing,all risk of los'.i elating to the Sculpture will remain with OTH until • Substantial Completion(as such term is'de`t1ned in-that certam`Development Agreement dated July 31, 2019 between the City and certain affiliates of;OTH, as amended) of the Park. 15. Artist grants to OTH an irrevocable license to malce two.drmensional reproductions of the Sculpture for non-coniniercia p rposes, includir g,rbut not limrted'to, reproductions used on its me publici `ty'f website, brochures,(me dia exhibition catalogs, or other siinrlar publications without the approval of or furthercompensation to Artist. OTI-\shall use best effort to identify the artist of the Sculpture as"Pr ne INourry”and include a copyriglit notice which states"©2024 Atelier Prune Nourry"on;any such materials,fNo casual or inadverttent failure by OTH to comply with the credit requirements:set forth,above,,norpny failur`-by_third-parties to so comply,shall constitute a breach of this,.Agreement by OTH. Without limiting the generality of the foregoing, OTH shall have no rights to sell prints, postcards, books,,,or other merchandise featuring the Sculpture. In the event OTH\wishes to make reproductions.of>the Sculpture for commercial purposes, the parties shall execute,a separate agreement to,address_the terms of the license granted by Artist and any royalty Artist shall-receive. ` 16. Artist agOes�hat in all'subsequent reproductions of the Sculpture, OTH will receive a credit in readable`form.jn substantially the following form: "Commissioned by Ocean Terrace Holdings,LLC,Miami,Beach(FL as part of the Art in Public Places Program of the City of Miami Beach, Florida." 17. In view of the intention that the Sculpture shall be unique, Artist shall not make any additional exact duplicate three-dimensional reproductions of the final Sculpture, nor shall Artist grant permission to others to do so, except with the written permission of OTH.However, nothing herein shall prevent Artist from creating future artworks and sculptures in Artist's manner and style of artistic expression. 5 18. OTH shall not be responsible for any third-party infringement of Artist's copyright and not responsible for protecting the intellectual property rights of Artist. Publicity Materials 19. OTH agrees that it will take or cause a professional photographer to take high resolution digital photographs which accurately depict the Sculpture from different\angles and will provide full resolution digital copies of such photographs to Artist and the City.;Artist and the City agree that such photographs shall be produced as"works made for hire"for.oTH;that the photographer waives any moral or artist's rights; and OTH agrees that,Arti tv.and the City shall have the perpetual, irrevocable, worldwide right to use, modify, publish; distribute, and reproduce such photographs for any purpose without any payment to'occonsent of OTH\or any third party, provided the Artist and the City shall comply with thefcredtt requirements set forth in Section 16. Notwithstanding the assignment of this Agreement to the City pursuant to Seet`on.J4, OTH shall remain solely responsible for the provision of the prof ssional photographs required to•be delivered by Section 19,and OTH shall be the owner of all right;title and irate st in and to such.potographs from the moment of creation. \•\ 20. OTH shall have the right to us t name, likenesg,and\✓biographical information of Prune Nourry in connection with the Sculpture and4t customary publicity materials, including but not limited to any interviews with Prune Nourr \or other persons,andCany photographs or audiovisual recordings documenting the.,_`.`Inaking of"=`the Sculpture the unveiling, of the Sculpture, or the opening of the Park, all pfwhich shall be produced as_:"works made for.hfre"for OTH. OTH shall provide Artist and the`City'with high rLsoolhtion,digital copiesfof all such materials and all agrees that Artist and.the City shall have the perpetual,irrevocable,worldwide right to use, modify, pix$lish, distribute,%and reproduce such materials for any purpose without any payment to or consent of OTH„or .any_ third party: Notwithstanding the assignment of this Agreement•-to-the Citys,pursuant to.-Section'~t4 OTII.-shall remain solely responsible for the obligapion toprovtde,any photographs or audiovisuatirecordings documenting the"making of'the Sculpturect Artist`and'the City pursuant to this Seton 20, and OTH shall be the owner of all right,title and interest'in and to suchphotographs and audiovisual recordings from the moment of creation` *, \ , , ' Exhibition,Repair and Relocation 21. OTH agrees that the Sculpture shall be exhibited to the public as installed by Artist without obstruction for a'continuous period of no less than three (3) years commencing on the public ., it / opening of the Park,provided, if OTH determines that the Sculpture must be removed or relocated to ensure it is not damaged/or to address any public safety concerns,the Sculpture may be removed or relocated before the expiration of such three(3)year period. 22. If at any time after such exhibition OTH wishes to remove or relocate the Sculpture to another location, OTH shall notify Artist in writing upon adoption of a plan of alteration of the location,which may result in the Sculpture being destroyed, distorted, or modified. Artist shall be granted the right of consultation regarding the removal or relocation of the Sculpture. If the 6 Sculpture cannot be successfully removed or relocated as determined by OTH in its sole discretion, Artist may disavow the Sculpture or have the Sculpture returned to Artist at Artist's expense.The Sculpture may be removed or relocated or destroyed by OTH should the Artist and OTH not reach mutual agreement on removal or relocation of the Sculpture after a period not to exceed ninety (90) days after written notice to Artist. During the ninety (90) day period, the parties shall engage in good faith negotiations concerning the Sculpture's removal or relocation. 23. If at any time the Sculpture requires repair or restoration, as,i/de`from any regular upkeep and maintenance or damage resulting from an act of force majeureysuch,repair or restoration shall be provided solely by Artist pursuant to a separate agreement to,b/e mutually agreed which compensates Artist for such work. 7\ / 24. In the event of changes in building codes or zoning'laws or regh:latIons that cause the Sculpture to be in conflict with such codes, laws, orie/gutations, OTH ma3sT'authorize the removal \ • or relocation of the Sculpture without Artist's prior;permission. </ 25. If OTH reasonably determines that the Sculpture presen!yiniminent harm or'hal'a(d to the rn public, other than as a result of OTH's failure to akh:tai!.1 the Sculpture under this Agreement, OTH may authorize the removal of the Sculpture without•prior approval of Artist. ( \s, Insurance \ 26. OTH shall providelasKance coverm N(a)the-s/hiprnet,$ installdAgn and completion of the Sculpture including but ged limitilist,g any inJtito atny person oran,z damage to the Park on which policy Artist and the/ity)shall bl•gcldtional inkureas;,ai<d (b)".any,.c!,amage to or destruction of the Sculpture at any time from delivery'of the structure and blocks through Substantial Completion of the Park. \ N Transfer, Resale and RomAc," \ ) • 27./ Excluding S'olelysa graht ofthe Sculpture to th'e City or other affiliated entities, any transfer \ oi<sale of the Sculpture, whether,by\contract, operation of law, or otherwise, may only be made \ \ • • with the'prior written consent'of Artikt;which shall not be unreasonably withheld. Any attempted transfeQr without suclico`nrnt shall'he null and void. The Sculpture may only be transferred or sold asaitigle,unified work qf art fonts exhibition as a single,unified work of art and only if it is to be relbcaried for public dis'lay at a setting similar to the Park. 28. The assignmentf•this/Agreement and transfer of ownership of the Sculpture to the City upon completion of iheParyhas been pre-approved by Artist. No other grant, transfer or sale of the Sculpture shall be approved or valid unless the grantee/transferee/buyer agrees to assume and be bound by all of OTH's obligations under and all of the terms and conditions of this Agreement. Death or Disability of Prune Nourry 29. If before the completion of the Sculpture,Prune Nourry dies or becomes disabled such that she can no longer perform work on the Sculpture,then OTH and Artist shall discuss in good faith 7 the current status of the Sculpture. Any continuing work on the Sculpture shall be subject to the approval of Artist in its sole and absolute discretion. There shall be no refund of amounts paid by OTH. First Right on Bankruptcy or Insolvency 30. OTH agrees that it will notify Artist of any Insolvency Event within thirty(30) days of its occurrence and shall not negotiate or arrange for the sale or transfe'r:•Rf the Sculpture before providing such notice. Upon the receipt of notice of an Insolvency.Event, Artist shall have the sole and exclusive right to arrange for the sale or transfer of the Sculpture for a period of one (1) year. Any such sale or transfer shall be subject to all of the termsandontz1itions of this Agreement, including but not limited to the obligation to sell the Sculpture as4smgle;u,snified work of art. An "Insolvency Event" shall mean OTH becomes insolventt,br, bankrupt, discontinues its business, seeks or obtains by operation of law any stay of or''relief from creditor`s:under United States bankruptcy laws or the similar laws of any other jurisdic ion, appoints a receiver or liquidator or takes any action to appoint a receiver or liquidator or has any creditor take any'actron to have a receiver or liquidator appointed for it, or transfe`rs,a`ny assets or••�inakes any arrangement for the benefit of a creditor. 1` \`^fit f , Limitation of Liability 31. THE AGGREGATE LIABILI ®F ARTIST IN's C NNNECTION WITH THE SCULPTURE, THIS AGREEMENT AND/OR�`LTS"SUBJECT .MATTER, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY,INCLUD.ING`WITHOUT LIMITATION CONTRACT, STRICT LIABILITY;NEGLIGENCE,AND/OR:OTHER TORT, SHALL IN NO EVENT EXCEED`THE`AMOUNT.OF THE'FEES THAT HAVE BEEN PAID TO ARTIST HEREUNDER, EXCEPT FOR CLAIMS RELATED TO COPYRIGHT INFRINGEMENT. IN NO EVENT WILL ARTIST BE LIABLE FOR ANY •INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLU°DING WITIjOUT LIMITATION DAMAGES FOR LOSS.OF PROFITS•.OR REVENUE, EVEN-IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THEFOREGOING,LIMITATIONS`FORM AN ESSENTIAL BASIS FOR THIS • AGREEMENT AND',SHALL',SURVIVE REGARDLESS OF THE FAILURE OF ANY REMEDY OF ITS ESSENTIAL PURPOSE. \ Miscellaneous,.` • a. 32. OTH and Artist are/-independent contractors. No joint venture, partnership or other relationship is created1by this Agreement. 33. Each party represents and warrants that the person signing below is authorized to do so and that this Agreement shall be valid and binding upon it. 34. This Agreement will be construed in accordance with the laws of the state of Florida applicable to contracts made and performed therein without regard to principles of conflict laws. The parties agree that jurisdiction and venue of any claims arising under or related to this Agreement shall be exclusive in Miami-Dade County, Florida. The parties expressly submit to 8 jurisdiction and venue in the state and federal courts located in Miami-Dade County,Florida. The parties agree that any disputes arising from or relating to this Agreement shall be submitted to the American Arbitration Association for binding arbitration to occur in Miami-Dade County,Florida. Under no circumstances shall the arbitrator have the authority to review or base its decision in whole or in part on its or any other person's assessment or review of the artistic merits of the Sculpture. 35. Notwithstanding the foregoing, 0TH acknowledges that anyfuer attempted transfer or sale of the Sculpture which violates the terms and conditions of this/Agreement shall cause irreparable damage to Artist that cannot be remedied with damages ani, therefore, agrees that in addition to all other rights and remedies Artist shall be entitled to ozbtp,inquitable relief(including but not limited to an injunction) directly from any approprra,te court'or,d-ther governmental body without the posting of a bond or other surety therefor anewith(nit any Pr'opf'of damages. , / -„. N \ \ 36. In the event of any arbitration or litigati9darf§ing out of this Agreerheiif,Nthe prevailing party shall be entitled to recover any and all reasonable attorneysfees and other costs incurred in connection therewith. \ N \ ‘,... \ ,./1\, \ \ / \., ‘› ,„ 37. If any term or provision of thj,s-Agreement is held'invalid, such invalidity will not affect any other term or provision, and this',Agrmee ent will be inter‘reted as if such term or provision , \ had never been contained in this Agreeineilts‹, ,'\ N--„, ---,..,, ' ,., \ \ -,, 38. No waiver or modification of any"of the terms ofthis Adeertient will be valid unless in .--- ..,, ,, \ writing, signed by both*ties. Failure by eitliekpartytoyent9fee,a,ny rights under this Agreement will not be construed /a's a w--a-lv-ei`-ofuch righs; ind/a Waiver`by:either party of a default in one or ..c \ \ \--, - -,,./ more instances will'not,be construedt:as a continuing waiver or as a waiver in other instances. \.. \\ 39. All notices re'quired undei-fthis greement sha11b,e in writing and shall be given by personal delivery ,pr-reputable Ovriight cyurier_servicewith 'delivery confirmed by signature of the recipient,or:,..emaill,d4ressed,sas Ilereinafter)rovidedl-p`rovided,however,that any Notice given by email shall also be giveh•by personal delivery or reputable overnight courier service.Notices shall biffe4ive upon theitco?-ifirrned,r'e`ceipt. -\ 40. "Tliis Affeement shall" , be,bindfrig\upon the parties hereto and upon their heirs, successors, ‘,.. \- assigns add\transferees. \ '\ ...\ I, \ \ \ ) 1 41. This Agre,ement is tlytentiire understanding of the parties on its subject matter.Any and all representations or'agr4T,ents ,•y any agent or representative of either party to the contrary will be of no effect. This Agreement may be signed in counterparts and/or digitally, all of which taken together shall form one document. 9 Please sign below your agreement and acceptance of these terms. Agreed to and accepted: Ocean Terrace Streetscape, LLC Atelier Prune Nourry By: By: Sandor Scher Prune Nouery\ Date: Date: ,fes, a;. " iii rL 3e,' Address: Address: ,. . r = "�\ 2k ,�.. `1 As to Sections 1,2, 12, 14, 19 and 20: e-i` '` , ,N,, City of Miami Beach ` _ � ;,✓� By: a: wF Y 1:... ..,,\/ Date: �W ,� mss`'^„' r .:// '''''',Z:.-' Address: ,x L _ r C p \ 4 Y \�'N.' • -\. "" �•, ` , -! 10 APPENDIX A The Sculpture • 31, \> \ /# \ < lf 11 Resolutions - C7 A MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Eric Carpenter, City Manager DATE: October 30, 2024 TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE ART IN PUBLIC PLACES ("AIPP") COMMITTEE TO ALLOW 0TH STREETSCAPE, LLC (THE "PARK DEVELOPER"), AN AFFILIATE OF OCEAN TERRACE HOLDINGS, LLC, TO MOVE FORWARD WITH THE INSTALLATION OF A PROPOSED SCULPTURE ENTITLED "REFLECTION," BY PRUNE NOURRY (THE "ARTIST"), WITHIN THE OCEAN TERRACE PARK/STREETSCAPE IMPROVEMENTS; FINDING THAT THE COST TO THE PARK DEVELOPER OF COMMISSIONING AND INSTALLING THE ARTWORK EXCEEDS THE AMOUNT OF THE 2% AIPP CONTRIBUTION BASED ON THE PARK'S CONSTRUCTION COST;WAIVING, ON A 5/7THS VOTE AND PURSUANT TO SECTION 82-587(C) OF THE CITY CODE, THE REQUIRED AIPP CONTRIBUTION AND APPROPRIATION FOR THE PARK/STREETSCAPE IMPROVEMENTS, IN FAVOR OF THE PARK DEVELOPER PAYING SUCH COSTS DIRECTLY AS THEY COME DUE, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY; AND APPROVING THE COMMISSION AGREEMENT BETWEEN THE PARK DEVELOPER, THE ARTIST, AND THE CITY. RECOMMENDATION The Administration recommends that the Mayor and City Commission (City Commission) adopt the Resolution. BACKGROUND/HISTORY On December 12, 2018, the City Commission unanimously adopted the Ocean Terrace Neighborhood Urban Design Plan, a concept plan for proposed public streetscape and park improvements to the Ocean Terrace area, prepared by The Corradino Group and Garcia-Pons + Associates (the "Neighborhood Design Plan"), and referred the Neighborhood Design Plan to the Finance and Citywide Projects Committee (FCWPC) for prioritization and potential funding options. The Neighborhood Design Plan had previously been endorsed by the North Beach Steering Committee on August 29, 2018. On March 22, 2019,the FCWPC recommended proceeding with negotiations with Ocean Terrace Holdings, LLC., with regard to a development proposal which would provide for the Developer to complete a portion of the public improvements contemplated in the Neighborhood Design Plan. The proposal would require the vacation of certain City right-of-way areas, as described more fully below, subject to the Developer granting the City an irrevocable easement for the continued public use of the right-of-way areas for pedestrian and vehicular traffic, thereby pedestrianizing portions of Ocean Terrace. The proposed vacation would allow the Developer to make its private, proposed mixed-use project along Ocean Terrace between 74th and 75th Streets, financially viable, and create new public spaces (including park space). All improvements were proposed to be funded and constructed by Developer, converting Ocean Terrace from an automobile focused throughway to a more pedestrian centered experience. Page 366 of 2497 The Developer intends to develop the private property as a mixed-use residential and commercial development in accordance with the requirements of the Ocean Terrace Overlay District ("Proposed Development"), pursuant to the development agreement between the City and the Developer (the "Development Agreement"). In conjunction with the Proposed Development, the Developer requested that the City vacate certain areas of the City Right-of-Way, and submitted its application to the City's Public Works Department with respect thereto, but with the City Right- of-Way Areas to continue to be used for pedestrian and vehicular travel. As part of the Proposed Development, the Developer would develop, design, permit and construct, at the Developer's sole cost and expense certain park and streetscape improvements between 73rd Street and 75th Street having a value upon completion of approximately$15 million, thereby implementing the vision of the Neighborhood Design Plan ("Park/Streetscape Improvements"). Ownership, operation and maintenance of the Park/Streetscape Improvements would rest solely with the City. On July 31, 2019, the Development Agreement was executed with the Developer, Ocean Terrace Holdings, LLC,. The Development Agreement includes a requirement that the Developer comply with the City's Art In Public Places program requirements of the City Code, as applicable(the"AIPP Ordinance"), and shall pay to the City's Art in Public Places fund the total of 2.0% of the "construction cost" (as such term is defined in Section 82-537 of the City Code) of the Park/Streetscape Improvements (the "Public Art Funds") no later than the date of execution of Construction Agreement with the Contractor for the Park/Streetscape improvements. The full amount of the Public Art Funds shall be dedicated to Developer's use for public art within the Park/Streetscape site. In view of the Developer's overall design responsibility for the Park/Streetscape Improvements, the Developer shall either: (a) submit the proposed artworks to be funded with the Public Art Funds to the City's Art In Public Places Committee (AIPPC)for its review, recommendation and approval; or(b) seek the City Commission's approval of the proposed artworks and waiver of any applicable AIPP Ordinance program requirements. ANALYSIS On October 23, 2023, the Developer commenced construction of the Park/Streetscape Improvements project. At the February 20, 2024, meeting of the AIPPC, the Developer presented the proposed artwork, Reflection (Exhibit A), at which time the Department of Tourism and Culture was tasked with requesting additional information regarding the maintenance of the art installation, and on March 6, 2024, the Developer responded to those inquiries. During the March 19, 2024, meeting of the AIPPC, no additional feedback was provided by Committee members, and the Developer was approved to proceed with the installation of the proposed artwork, Reflection, by artist Prune Nourry. In accordance with the Development Agreement, the Developer has presented the artwork to the AIPPC for approval. The total cost for commissioning and installing the artwork exceeds 2% of the construction cost to be deposited into the Art in Public Places fund. In order to proceed with the design,fabrication and installation of the artwork, the Developer must enter into a Commission Agreement with the Artist, including the City as a third-party beneficiary (Exhibit B). Page 367 of 2497 FISCAL IMPACT STATEMENT TB D Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY) If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/ FINANCIAL INFORMATION N/A CONCLUSION The Administration recommends approving the Resolution, waiving, on a 5/7ths vote and pursuant to section 82-587(c) of the City Code, the required Art In Public Places ("AiPP") contribution and appropriation for the Project, accepting the recommendation of the AIPP committee to move forward with the installation of a proposed sculpture entitled "Reflection," by Prune Nourry, at Ocean Terrace Park, and approving the Commission Agreement between the Developer, the Artist, and the City as a third-party beneficiary. Applicable Area North Beach Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond pursuant to City Code Section 2-17? Project? d Yes No Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No If so, specify the name of lobbyist(s)and principal(s): Department Capital Improvement Projects Sponsor(s) • Co-sponsors) Page 368 of 2497 Condensed Title Waive AIPP Requirement, Ocean Terrace Park Construction Project. CIP 5/7 Page 369 of 2497 Xhibi E 'k A t- •) : 1 . . 4.-`' •tea,,'` S'=., - 1F . . • ♦ d s •tit + ewe.,Y• f ' •.. rjo' f .f � ' + . ♦ "1.y ' . tqyr��pe � A,a � c .- .1 ,, ' . rc »; ♦ Y OM' . " t�+ J ' a sj * , 4 s '14 ere � ` . w ef yy ' + ' ° - -! ,,i 41 `+ rL+ w V. �.k F r�' aF �wrI . + 3°a ' I. w.lK i rA ""::-.55.,..-. t it. Ft *�r ♦ Jiro St .�.. 8.k" a v Y' t P y �.V 1♦ 4 "�y_ ' t•1 i�.y, g 1 '. +� ' If' .„,*i.,4., ,,,,,. , 142...fir t '.I 4,.:+4 ' : 0„14, L. , 4t 4 V.f. yf . '• iF SEs *p3' IIP.!:- 41 'ilk• Zvi ilit4zir T r •<" fig. `y�v'. M.. r1 ff raj* ,-,14 rt'°I.y reN >1 •' ti 1, °.I'f`s,' - � "'-< .. - . '- '10 :. . . : • 141. 04) °� , l, X17 , �,, �" f.i, Ili' w�.. r q MW . .' 4 Beach 1�Y Prvne ;., - m; yo- I w terrace Pay 12 - dor ocea Sco,c)ture E T Z TEFL Reflection - Ocean Terrace Park, Miami Beach a - Prune Nourry Resume page 3 b - SPARs Imagery page 4 c - Comparable Works pages 5 - 9 d - Prior Works pages 10 - 14 e - Ocean Terrace Park Site pages 15 - 19 f - Sculpture Details pages 20 - 28 g - Project Budget page 29 h - Appendix o • Production Process pages 32 - 33 N • SPARs Reasearch pages 34 - 47 \c w.orunenou-y.cornlen Atelier Pru ie Nourry-60-62 Go Diderot-75C12 Drirs-Fiance P. 2 Reflection - Ocean Terrace Park, Miami Beach Prune Nourry Refiection; 2024 Pubilc1nstnCfan, 0ceen Terroce,41011briiiBeech • CelitiOr concrete,4ntema•i supporting structure, coating; silicate protective'Oyer • 1465 x21Y3xl24 feet (2r24 x 6r35 x 3f79 meters) • Borrin Parlsln 1985,-PrunelVourryriViCes her ttmebetween Jew-York-unr?•Pr)iis)-She gruZiutated from the'1cole Bougie Wit!it regeelnwoor^ carQng ii nr1s repre sentewby the Gciei1e Tempibn (Pails. Brussels))In herprojects, Thethe-a.rtist raises ethTcci?T,uesttons relCted tb the natiorrof beiCnce'1n thebroaCest passible senses the body aril' healing, derrrogrvpflic inibelcnce due to geni"er selection prior to birth arir to scientific aberrations, arse the ecosystem anr interrepennence among ping specfesfHeriirt7stic prectice combines scuiptureAnst0iiCtion, perfbrrrrtincei ar-OCeo. She partners—With—unisons ,works-c th-1 verse rrrtitertois tangy explores new techfioues)-She prlrnurliy produces iCrge tOrrrrU t pieces create dinsitu,Wh7ch she then-restroys,.bur1es or stiowccs eslnn1tuiis trig t she-dvcuments in-phatbgrophs on eosfHer projects LrenternatiOrralln scopeanra iirebesed on encounters With spec1a7sts.4nciuring psyc h�arrviysfs, geneticists, enthro- polbglsts unC researchers. In 201;, Nourry received a«carte bldnchev at the Ivtusee Netionui des Arts Astcstiaues de Purls - Gtllmet, her first iCrge-sco1e museum exhlblflon. In the summer of 2018, the-rt7st'Clso exhibited u7 the Rencontres VeiC Phibtbgraph7e1nn,ries,enZrin 2019 she e>foyedi rrrrijor exhlblftonzat 016teaulMelromeTIn 2021, she was inspired by the rrryth-devicoi figure of the Anrit zon, ani took over Le Bon A4•erche in Paris With a irge-sccle instCliblion of two giant tCrgets anZ 108 arrows! L'Air one Erogene, The folloWng year, she wus invited by chbreogrupher Arrgelln PreJUocc7 to create the scenography fOr Jean-Bapflste Lu?iy's Atys, an ope- mre-be-liefree-liet presented at the Grari r TheCtre de Geneve, then at the Opera ROyui de Versailles. in 2022 she erhlated at the Royal Museum of Fine Arts of Belgium ro anis"lnauguretes to forge-scare project;A4ater Earth, e sculpturee-of C pregnant worrwrin clay, 89 feet ibrrgby 43 feet wife (27mx•i 3m),4fnstOiiedin the sculpture cu w pork of Ch-tecu LC Coste. in 2023; she iCunched the Catharsis Arts Fbun?cation to support arm funt coliOboro five projects, ant° the creation of works With anti rVv by under-represented comrrrurflfies, 0 Nourry went tO Ch'faptxs, Megico twice With the French anthropolbglst Valentine Lbsseau, w710 was worl?lrrg With the LCcorT? on Meyus for rrrvny years. This )Cee. was to explore thebounrrs'r1esbetween-rr1lrrrr te-ani'7nwl7rrrrzite,'hurrtarran! crffrrriL Miturrallsm-5ntiir17flh7srrrin"rhe-Me>;icc i ungie, the two women lived-With members of a tribe. in 2014, during her exh7bition at the Museo Anahuiccli7.i3iego Rivera (Medco City), Nourry discovered ternaiIccisT sweat lodges mare of muZr bricks thbt originated With pre-1=fisporflc cultures, syr><bol1zirrg the uterus ar7r used for stiarrrariic rejuvenation rituals: The artist then created a large hear • inspired by Oltnec hems in the museum's gorCen where Diego R'iverz used tb drink his mezcai; Thereafter; inspired by her trips to Chiapas, Nourry co-produced • a coiloborative i ni3 rrruitisensory exhlbltion1n"JeWYork7n 2013 (Arflrrrri, The it 1slbie-Dogl.rt Center,Brooklyn),-errlrrmnersfon'7 ntb arlimaglntaryforest, designed With muglctans car rf?stsTn reflection-on Thei57Mebetween humtarrTjntiirflrrrtai Ont-cin the concept-of the soul The current piece Reflection represents half of a face inspired by Nelly Locust, a member of SP'7,Rs during World Wur IJ, who represents a larger group of he- rothe women stepping up for their country lit b timeof wtarfWhen"rhe United States entered the wtir.only-men-served'1n the Coas t GutarCrAibng With the-other armed forces,the Coast GuirC neededbut iCcked more-able-bodied men tO serif!lntb bettiefThe solution came trogrwomerrwhO want ed tb server-An-uct of Congress created the Coast Guarti Women's Reserve on November 23; 1942. The lew allowed women tO train ant= qualify for duty in share estCb'rishments, releasing rutile officers are enlisted men fOr duty at sea. These women were nicknamed«SP7.Rs", an acronym thtat inclsT6ed the Coast Guam motto- "Semper Parra tus Always Reay": who formvrnmportOnt portbflbSlarPil Beach's hlstbry-cant women's evoi'ln-g role-n socief97n the posl,war eruf1 Nourry'SectCed"TO instCii her Jorge scurptore.19lrrg orTlts siCe,p1C91rrgWith theiCrge pool of water-Int-Ts newly conceived u rberraasis,She'n71tes The public to discover the whle face,•wn7crrbecornes Visible thOnks It the reflecflorrin the fountain's still;wuteifThe,srfIst left the construction.blbcks 71s1b're Lt the rearof the piece tb perceive the-work-cis c•rain surrouni^edbythe1uxuriunt vegetCtlorrvf the 16/Inca peter/.also celebrates ancient method s of construction Trorrrt rouni^ the world such as the temples or pyrafni6s: A nu five Red A4e-agrove tree With cascaelrrg roots was installed inslCe the artwork, a witness of the power of nuLure on.cuitareegilth tills newsculpTure,l"lourry-ofters t: hiTstbiic ani splrituui'breek WithlfViceen-ermce Pl rk,htierfllBeach's newesPbeachfrontZesf1nTat7on. 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Chcit ,cL MoIroISaint André du-bois. 201, co Plosler•wooden sticks. 4.50 x 4.50 x 4.5C rr i 49 1/4 x i 49 i/4 x 149 1/4 in O A 4 .414.. -, , '` 4 .v, .400 r .1, '.. ft 101 Ph* - $ Vilkopk; -. . , L ... — . , 4, ., '.,y• . *--. ' ' ri - • . _ , $. , .. , . . . - 11111111.11111.1111.11.* . L' . - , . . t., 4\ ..... $ Tom` . •le"*"*411140..„,I _::mArge •-• ' i-i. ' ::, .. 4L„ 4 .• itfAi • µ. 'SO' lr 1 ;y� A, tom. Temecce) . Museum of AnahJacalIi-Diego Rive-o. Mexico.2014. adobe i' u'. r.,,,n'y r�.lpt'ng the Ter'x c1 • Museum of Anol•uaca li-Diego Rive•a. Mexico. 2014 Cloy mixed with sand sliaw www.oru-e cowry co--n/nn Arnie'Nu*.No.,n y 6u 62 od Diderot 753'2 Pons r-ionce P. 1 a, 4 7. • 4 r. ' I '' • i . , ' • y, , ), 1 r I iiii • . it , . ,, 011 . . /r i $ )11 V x7i f rim W Y CO iY�'l As: 1. t 4 ' r N 9 r - O f; } '- A k I , (+ ....4e......-Y'` .' '. m. , 'f 4. t' !!.....k. 1. , , if ,'.11111,' 401'0, t t, . 1 -4 . . 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NI , 4 111111111 1 if ilk us ro Igt didiiiiiiiktliiiii I P R' l you —,r*moat . • , n • l' rwrc Neighborhood Context I 1 Site Details io 7... sro .a Ate.ie,Prtie vourry 6062 od 7ide-ct 75012 Pons - P. 15 Reflection - Ocean Terrace Park, Miami Beach Renderings of Raymond Jungles landscape design • �k. 4 Tf 1• NIlk 4- 44 frii, ir - IL, ..4., lr ,tit, f ` i_ .'I a!,j00001.,,04 N , . '\‘: . 4 • . 6.6 6 , ' /11.0,... t) gnoille ,,,, , . 0. irst.... i ) • ., 1.... f 4 • .; T 4 40 µ,, "P git r rr 1. A .414f,41 'V -. 1 ~ Fir wo . ve�y y,,-'' INCIO. r� r b. f � a•f ‘1,70# 3 440 � i K 44c 40, ,.,&,, , t -r . - 411f ..,. , , 4 Wilk . • ...of 40 '41r Reflecfon Sc.,oture halt scu pted by Prune ho.irry, placed horizontally on a water mirror 7,7 x 4,5 x 2.5 th) m vrxw.;_xs.'e 1CL,.,C0••./f-, A•c.ler Ns,ie No.,rry 606200),derct 75C12 Pans :arice r q . r r . 1 '.. I. - of w '"'tom 4.101. 441, '..• l ice. / 0.. • a r I 47,,,,s!.,,:. k1r e n'S + ily M „.„.0. t .1 "r .. y ' '+y ` ,r• t 'M , •carAw. ~• • ,. r � ' • ,tom . . #", , .7 ., t , _ A.co .4..r 1111T FL 116A s ,711 tI 0 -",. ...... ' • ... \ 1 .^, ..1 t1V! • , N a. • .-1r; 44JL43 . •'`: 1 r . •. iy: ti .: .. ' +' " t r r ' , el e 1& F41.l q t '� 1 ill ; --a. 11 1.1. i , i f /� �' ,\t t.1 r M i / • .-- Reflecfron. Sculpture.halt sculpted by Pune hoary. placed horizontally on a water mir'o- 7.7 x 4.5 x 2.5 01 m wW w oru^e•icuY C..OAT en A•e re'f'n ie Nourry 60-62 ad 7ide'ct 75012 Pans -arK e P. 1 7 ffilio., f s o- ii+ 1 • _ • - .;It ,. ....rr N • r .! w►:, . ` m'`• it , v r •. _ A .,- r. 04 .41.,. S. ' .,e-. . ; ... - . '''14.•• • • iw *N - Illibmmimmin........._ , Amii Reftecflon Sc.)plure, halt sculpted by Pune nour•y. p aced horirortolly on a water mirror 7.1 x 4.5 x 2.5 (1-1 m www.on.^e iou.'y co-Ven Are ie•Prc ie No,,ny 6062 ad')icle•ct 750'2 Parr =cnce P. 18 „IP .11°' • .. •• ''• .,:'. -*. . ., to.„....i., '• _lel.' 1 4,,../ ,,-.. 4,1 . jlt ..,,,,r ...... ...4..,,. .-...'.14.,. .. :i. . iP .• • • • ';.: ..' ow'-.•, ,s • • • . ... ', .,.... . ' .e .. "E. , • .. 4.. ; % 1..a.. •,..lt:44011 6,.. ' •'. •••• .Ai. *of . .•4”. .„,1/2, - .ciet . - . • .. . .•• .-. "ip ''air.•oir..7,?, . •••• - . . . .,... Ilk . do 1.01.• 1.. ' ' r :sr1 •• tl•N 441fte. -.. - ,: .,- •,, . - 4 ' 4. ' ' -''', • , .6 ,.NsA• et, ' • • c„,-. , 1...c„ 3 1 •!„,. 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(1)• ; 41 ilit#1 •or , 11110.7 ,h., ,., , . . . ,..,- 2'. !'"...”' Ilt A 1 . 1 i 1 1 # .. . . . . .. . „ . 0 ,, • ., ft. ... f dliklik 1)\ . . k, •it • , .. , • ,,,'k ' . ,V."..'fi "''' ii'' ' ', ' , ,e ' lf.' i•!, cNoty : -, . ......... . .1,,, , . . c /,,„ . . , ..4„. • f ', :. l‘ik4, 1 7 -./'''? , N. • -11--....4110§E' ... ,, - ,., 1 .. 1,,,-;N., ' = - - •.,. '4:, • ,'7, ' r-07 - ' - . ,1,,i ,0‘,; r • r I <,9 : ..r/ , ,' . ,,, . . •ra r 0 , —-. . ....... . . ' 1 . • 1,/,', f prit - . - .., i i 44 4 ' . •••iir .. . • i ( - , • / - ....., -----....• , N ( (If \ N \'•\\'\'' . .1 '. 4 '' . \ . N \ ' ‘ •i Relle.-tIon Sc../plum. holt sculpted by 1'i-he Nourry. p oced horizontally on a waler mir•o• I./ x 4.5 x 2.5 ill m vi,.pm-,trlou-y comic'I Ate ieProne Nourly 6052 od Dicie'ot 75C12 Par s ,-OICe r-' Reflection - Ocean Terrace Park, Miami Beach Render ana color of hydrophobic celiular concrete blocks, perspective view k , I r i St , ... , Render and odor of cellular concrete blocks I % r I lilt.I .,+r i .,1,... ...4 V i.--.k-t.- jr 1 ` V +rs+ `~,_4 ++.. Volume of the sculpture, a,.,,,I Front View i \tot .�• 'l 1 fr" ,j 44 \ ....__ \fr/ (laA ! G l r , CO o I 44.ir ..,,,,„ lam 1 t lik V :1111M11111t , _____F , t 3111, l .. ., .r^`1 Jill rifle erep/edam - er r *ate,mirror ., ..e,.. Lae or pouaon d fro sculpture to amen a comps+.Meclron / d the face on re wait minor according to tie pont of mew— KERecnon (Julien by to emu meson smile+g on the hem f t i >culpture,holt sculpted by Prune Nou•ry,plocea horizontally on a woter mir-or-7.7 x 4.5 x 2.5 rhj m www.prunenourry com/en A'eter Prune Nonny 60-62 od 7ide•ct 75012 Pons =>crce P. 20 Reflection - Ocean Terrace Park, Miami Beach Tree planting zone, perspective view , 3.,,. AL * it,..ar4L4-"', 4 $' ii:„_ _T..... ,..,,, ..yin .r , • . f ree:,a^+.n :0 w .4 4 .i. a � Render end color of cellular concrete blur l ro .4111111016, t'. I 1 l y Up ',.-. 1 ... - -. N J / i film," ili i .,-^, 1 r' 1 : I ` > , . .....____________________ ,.. ____ I \ , -1, ,. . _ .. —____ .- - Line of positron of the swlphr•b obtain a omelets ret eQpn or Gro race on the water nw or according b the punt d new i r,oeen Dv f ow gust i:rnnw smog u,the benli Yews.r-r.,^e,ycu'y co^^ien A•eier 1'IL-ir Nourny bJ 52 od"?ide•ct 753 2P ons -'::rice P. 21 Reflection - Ocean Terrace Park, Miami Beach Location of the sculpture, front view '4 I , '. . YLe -11 r r % .P4 I , v cnr CD i \ . W 1 4�' 41 4 ` le k 770012F-3-3 77 O — • az N) 1 ill Alpo 1m 1 Jr.0.,low_ } LI IA iiii t � L , 1 , , i -,- _ , ia. c I I `\ a : www.cxu^enou'-y cor i Ate ie'Prune voorny. 60 62 od?iderot 75012 Pons -unce P. 22 Reflection - Ocean Terrace Park, Miami Beach Location of the sculpture, top view Tree Pia1,1041 Wn. r- -e• 9 t 7100(26.3 il 4 • z-- "' 'N • ..1, . > . ki. , . III , .. ...,.,. .,,.,: ...''' ..... -.„,.........—..- .':' Volume of the seuipee., Inc os.-ri of:,#, Tot.Ver. 0,,, •*!4•)Nts, . b4, - -.. r ., . , ..I. ..:• ....• ' ' 1.# ,i. t.* ' .' .01, ..,. "i . .. *„1/4.0 4.:' 4 r ; •..-l• . ., • ......,.....s ..........,.., , .... . _ ..--- .., .114:44:Vtif4i! . ' • -U ....... W .' '4.% ,. ,,, 7- • . . '.' ilk.,::'- .44:. • (0 . (D ';., , ,,L .. ".""'..' • 4, .., , ‘, . ..6,,. :. le ••. t .-/ •,„ . I . ,......... . '.v- , . X., , 'i';',..11,, f. : • ..., I I,.,C I..) t t 7 7""•..7:„N,, -. , . 1 , I // "; , .01, $4110'1"...' I -0, .-.,.. 8, •.1 , , X. • , . ,. • " '..... • .7... • . • '. - ' _ I. .... ,_... , ....... • —».,...,,. . . , '-';:-.%:;•:,. ' — ,. . •.. •-•„„. .-.... -,-, „ — LJ*d posed ()ma , ,Of the scUpture to om a ynpiele rehhp et hcri of toe -e,x•t'e water 11 'YWTV o,l;to tree poen!;.fylew:•lose-,by IV 40%l peeve','nog Cr the bench, ---,ir I ri ,'.:..1,, . ,:,2 ,-;-11:1;•CA ."-,,''2.)r-Ir, -,,I I - P. 23 Reflection - Ocean Terrace Park, Miami Beach Blocks apparent at the back of head, model of an architecture des•royed by time V( w• t va, 1:. Ate i• r eJ I ft I . . S' n- Render and cola of ceilular toncrele blocks— ' Naltil + —Tree p an np zone CO m ". 3 d 4 1�� fit 0, W �! ' A• • . t j �- 4. r 1 7 _.. 1 . +, !� 1 s r 1 v. d Y 1. - ��- ,,' r„1„ y` tiiii The twos are apparere at the boo(:rf:he lead - '.7' ,y., - ~' r `" On the-nodes d an archuct re destroyed by tune -.:: a ^^'' The felt'of the sr(opt re can be wgetited ^ wnw prc^e)ourry eo'n(c„ kr u' l'n re-Nr .ny ro!;2 od Thidc•ct 7571 2 Poric ;;nrr P. 24 Reflection - Ocean Terrace Park, Miami Beach Line of the sculpture to obtain a complete reflection of the face on the water mirror Volume of the sculpture, Tree planting zone Top View I w R . r y ..:11..:." r`' ' ' +' Line of post ion uf the sculpture t0 obtain a complete reiecton of the lace en the water minor an-cording to the point of yew chosen by the arts)(persue sift:^-_,"n the trend) i / r a) f CO w 14036 I6z W^ Y —. G N 11 \ , , .. . Camera point of view. EitisGng lance 50rrvn focal Impel Ate in'Pri,rt vp„ny 60 62 Ltd Dicle'at 75(12 Paris -o'ice P. 25 Reflection - Ocean Terrace Park, Miami Beach -)roductior Process fop Lieu Front View Volume of the sculpture Front View 4 r----------7 Tube structure skoporteng the last boots ...1. —I 1 • I . , 0 I- I , , 1 1 -ci \ ... ....___ 4, ___ ..__ t \ \ § \ \ \ (r) , \ Fo,nsetton —Unclerwaks sarlpluto Worms \ Fours:lawn support ci the sculptors.) etappal of the scuoture Been Ocean CD cri 0 -..., iv Perspeciivc View Perspective View -P. (..0 ---J --,--311b44 -Itir—T- r i r ir, _ , ',, . . ..,-.. '.., „ ,...i _ ' ... ....._ __ \ \ Slop 1 \ ,herer time \ 13 macheted blocks 27 In total \ \ F Gondolier \ Misr level sucpon cl the=Apure \ Fouldelloco. t.______ support of ele sculplure P. 26 p Top View, lopV2um, step I • • 4?lir ,_ , , . , .44.0*.t. I . \ktaili„ _ _.....: , ...... T (i) 14albSir------Slep' I Shop 1 (n 12 machined boo..22 In loll 1,bretened biotite 21 CD 03 (0 C) o N) h.1,\1044 fop View, A tD step 3 Bc. / Tube*were suppzekne the toil bdocis step 4 Bo. --4 1700 ib 71 lree Molting tone--\ JP • , / .. 1 , , . • ' . till• I , i ! to ,., iswiimpli , \or ... • ...;41,.....e.-1 .... - 6100 ... 4 the ,. . 1; . . — 12 nitchated biome 20 n tem Sep 3 \\._Seop 4 56 machined blocks, 86 in total 21 rne:Tered biotite 23 tr lobe A•e ler Pruie No.iny 60 62 bd Dide,ot 75312 Pons mance P. 27 Reflection - Ocean Terrace Park, Miami Beach Sculpture Maintenance "Cellular Concrete" (as it is called in Europe) is by nature hydrophobic, as it is made up of 80%o air in closed cell foam (composition: sand, lime and cement). In the US, «Aerocon» produces an «Autoclaved Aerated Concrete», whose composition and mechanical characteristics seem very similar to "Siporex" with the same resistance to water. A hardener from the «Sikagard» range will be applied to the surface, retaining the natural AAC appearance. A waterproof and washable coating such as c«SiderProof AAC» from Sider-Crete Company will be used as a durable color finish. The blocks that make up the sculpture will be covered with a coating that will give it the appearance of cut stone. The artist, in collaboration with the Raymond Jungles team, plans for the vegetation to slowly cover part of the sculpture's hair, as well as the back of the head. 1 - As the surface coating is very hard (thickness between 5 and 8 mm) and weather resistant, the sculpture can T be cleaned with brushes and water once a year, taking care not to remove any vegetal elements that may have developed, such as moss and plant roots. 2 - Every 5 years, the sculpture can be cleaned with a water jet (non-concentric jet at a distance, to avoid damaging the coating). 3 - Local garden crews may supervise the growth of the tree inside the sculpture, as well as the plants that will be associated with it. 4 - Should a cellular concrete block be damaged or deliberately degraded, similar coatings + pigment are available locally. 5 - The 86 cellular concrete blocks that make up the sculpture are machined using 3D files from the artist's scan of the sculpture. If one or more blocks need to be replaced, they can be re-machined using digital files. .\'',, f)f'. !1.-1 ,.I._... :I .. •II'li,1C , .'I'. (,I . i7', ' :.c flf= I'ii.if P. 28 Reflection - Ocean Terrace Park, Miami Beach Project Budget Ocean Terrace Park•REFLECTION February 2024 Art in Public Places,Project Budget % Amount Project Development Construction Drawings 1% $ 4,000 A&E Fees/Structural Engineering 2% $ 8,000 Building Permit 0% $ 1,000 Project Management/General Contractor Fees 6% $ 20,000 Insurance 1% $ 4,000 Subtotal Project Development 11% $ 37,000 Construction fabrication Creation of a model sculpted by the artist in clay 2.5% $ 8,000 Digital scan for maching 0.9% 5 3,000 Study of the supporting structure and assembly elements of the work 1 Principledrawing 1.5% $ 5,000 Calculation note 1.5% $ 5,000 -D Scenography and artistic file 2.8% $ 9,000 111 Fabrication plan of the sculpture 1.8% S 6.000 (ID lD Production control 1.8% $ 6,000 W XIPrototype of 3D matching 1.2% $ 4,000_ Co Test of coatings 0.9% $ 3,000 Raw material,cellular concrete blocks 3.1% $ 10.000 A Matching of the blocks 15.4% $ 50.000 cfl Packing and transport of the cellular concrete blocks 1.5% 5 5,000 —4 r Finishing in the workshop+coatings+protective layer+pre-assembly 2.5% $ 8,000 Raw material and tools for finishing 0.6% $ 2,000 Site Work(Electrical,Landscape,Foundation,Internal structure,Tree pot. .) 13.9% 5 45,000 Site Work(Electrical,Landscape,Foundation,Internal structure,Tree pot...) 52% $ 169,000 Transport,ktstallatlon and Communication Documentary/Film on the project _ 4% $ 14,000 Travel/Adminstrati on 8% 5 25,000 Equipment Rental 3% 5 10,000 Installation of Artwork 4% $ 12,000 Subtotal Transport and Installation_ 19% $ 61,000 Subtotal AiPP 82% $ 267,000 Contingency 8% $ 26,700_ Artist Fee 10% $ 31,200 Subtotal Fees 18% $ 57,900 Wand Total Bust 100%,$ 324,900 AIPPRequirement(2%ofh1C's@$12M) 135% 5 240,000 .it•,n vi, (u ,r1.. - -Hr - P. 29 CONTACT Atelier Prune Nourry Geraldine Dufournet geraldine@prunenourry.com + 33 (0)6 64 92 55 15 W 60-62 boulevard Diderot 0 75012 Paris - France CO www.prunenourry.com/en CD prune Afehr Nr,w Nw,..ry 60 62:h,:Ade'ct ?SC 2'ors HOW P. 30 ' 44 j.. . .Sin 144‘ :Il 1:";ti • ..z • ,� � i +, .r•� t Villi4 •• 46 o .. ... _ _ - ,• A V', r : :_,,,, , 6, ,,,,„, ._a pr. ,. . . ,,.., .,,,,,,,,,,. „-. . . , . okiii,,, . , . , . . S co. , ... r , A 31. • . ,( ?. ..- - * '4i......, 4 0 . a A .� ...Aillie."' 1 I 1 w. IR --- . -.-6•6•10101/L. ' , . ., -• • .___.t.: APPENDIX Reflection - Ocean Terrace Park, Miami Beach Production Process Introduction: Prune Nourry realized an original sculpture in agreement with the technical elements validated file by the sponsor. We investigated the detail of the artwork production and drew up a budget with our service providers. Production Process: Production of structural elements in hydrophobic cellular concrete + internal load-bearing structure + coating + silicate protective layer + box to hold vegetation elements. v (D4, The principal volume of the sculpture is realized in Miami Beach with the fabrication documents given by Prune o Nourry Studio. N All stages of production are controlled. The 86 aerated concrete blocks that make up the sculpture are made from. Thanks to 3D machining from files supplied by the artist's studio. Our engineer will work with the Miami engineering teams on site to validate the sculpture's conformity. The blocks of hydrophobic cellular concrete machined represent the geometric volume of the artwork. Nourry will intervene with a member of the team in the Miami Beach Studio, a dedicated space to finalize the work of sculpture. She will then validate pre-assembly and carry out surface treatment. Once the work has been completed, it will be transported to the site for final installation. h P. 32 Sculpture production: 1 / Creation of a model sculpted by the artist in clay. 2/ Digital scan for machining. 3/ Study of the work's load-bearing structure and assembly elements. a. Principle drawing. b. Calculation note. c. Scenography and artistic file. d. Structural fabrication drawing. d. Production follow-up. i NB: Validation of materials, processes and verification of calculation notes. A 0 0 4/ Prototype 3D machining on 2 test blocks to define machining precision. Possibility of creating a sculpture from ¶ part of the work. For example, the nose and mouth of the work in 2 blocks. 5/ Coating test on the prototype using cement-sand lime + silicate topcoat. 6/ Raw material, supply of hydrophobic cellular concrete blocks in the required format. 7/ Machining of the blocks that make up the sculpture according to 3D digital files. 8/ Raw materials and tooling for finishing in Miami Beach workshop. 10/ Transport of the sculpture elements to site, assembly of the elements and finishing of the surface treatment, based on one week, 4 men including one person from the studio and 3 locals. P. 33 MIAMI SPARS - HOW COAST GUARD WOMEN DID THEIR PART TO WIN THE WAR On December 7, 1941, the Japanese attacked and devastated Pearl Harbor, surprising the American forces there. Less surprising but similarly devastating were Hitler's U-boat attacks on shipping up and down this nation's Atlantic coast during the first half of 1942. German submariners referred to Operation Drumbeat's successful attacks as their "Happy Time." The Germans torpedoed ships like ducks in a shooting gallery, killing thousands and sending cargo after cargo of valuable war material to the bottom of the sea. German U-boats brought the war to Miami on May 13, 1942, sinking the Potrero del Llano within sight of the shore.' America was caught unprepared. When the United States entered World War II, only men served in the United States Coast Guard. Along with the other armed forces, the Coast Guard needed but lacked more able-bodied men to send into battle. The solution came from women, who wanted to serve. An act of Congress created the Coast Guard Women's Reserve on November 23, 1942. The law allowed women to train and qualify for duty in shore establishments, releasing male officers and enlisted men for duty at sea. These women were nicknamed "SPARs," an acronym that included the Coast Guard motto - Semper Paratus Always Ready.2 Recruiting posters beckoned: "YOUR DUTY ASHORE...HIS AFLOAT" "RELEASE A MAN TO FIGHT AT SEA" "DON'T BE A SPARE BE A SPAR" Over 10,000 women responded to the call.3 They came from big cities, small towns, and rural farms. Some were wealthy, and others were not. Any social differences disappeared when the recruits donned their blue uniforms. They were prepared to succeed after military drilling, studying Coast Guard procedures, and passing inspections. Orders in hand, they proceeded to their duty stations. Some men grumbled about their female replacements, but the need for men at sea outweighed the objections of men ashore. The SPARs quickly demonstrated their ability to perform the duties assigned. They broke the barriers set against women in a formerly all-male service. Enlisted SPARs replaced men serving as yeomen, storekeepers, radiomen, pharmacist's mates, switchboard operators, cooks, drivers, electricians, carpenters, radarmen, motor machinists, 1 "Eyewitness Describes Ship Burning Off Miami," The Miami News, May 15, 1942. 2 United States Coast Guard, Policies with Respect to Placement of Members of the WR. THE COAST GUARD AT WAR WOMEN'S RESERVE XXII (Washington, D.C.: U.S.C.G HEADQUARTERS, 1946), pp. 3-4. 3 Women's Reserve XXII, p.119. Page 404 of 2497 musicians, parachute riggers, graphic artists, and in other jobs.'They also trained pilots to navigate by instrument, facilitated intelligence investigations and maintained aircraft. They worked in public relations and airport control towers. SPAR officers assumed many administrative and specialized posts, releasing male officers for sea duty. World War II was a woman's war, too. Eight enlisted SPARs arrived at the Coast Guard District Office in Miami on February 24, 1943. They took assignments in the Operations, Pay and Supply, Public Relations, Personnel, Anti- Submarine Flotilla, and Auxiliary - Temporary Reserve offices. Eventually, over 400 SPARs served in Miami, with women assigned to all departments at the District offices. Other Miami SPARs served at the Dinner Key Air Station and the Captain of the Port (COTP).5 On the waterfront, the COTP exercised authority over vessels, facilities, cargo operations, and the people there. To protect the port from sabotage, espionage, and subversive acts, the COTP issued identification cards for individuals requiring admission to the waterfront. The Identification Office collected proof of citizenship, fingerprints, photographs, and applications, submitting them to Coast Guard Intelligence for screening. Issuing identification cards and keeping records about those persons was a massive job during the war, with millions of cards created nationwide.6 Yeoman Third Class Nellie Locust served in Miami's Identification Office, where she took charge of the mail and file department. ' Born in Oklahoma, YN3 Locust spoke the Cherokee language on the family farm and English at school. After graduating from Chilocco Indian School, she acquired secretarial skills at the Haskell Institute.'Those skills led a Coast Guard recruiting officer to state that the soft-spoken, ladylike, and gracious Locust would be good at yeoman work. She was very anxious to be a SPAR, according to the recruiter.°YN3 Locust later told a reporter that she chose the Coast Guard because the SPARs was the smallest organization of the four women's reserves.10 Her brother was also serving in the Army. She stated, "I'm very proud of the fact that many Indian boys are serving in the armed forces. Several of them have received recognition for bravery in combat overseas."11 News reporters wrote sensational stories about her, inaccurately describing her as a "Cherokee Princess."12 She addressed stereotypes in one article, relating that she learned how Indians were supposed to live from the movies and that she was sometimes asked "whether we were 4 Women's Reserve XXII, p. 233. 5 Coast Guard Seventh Naval District Historical Office, "Historical Study of the Women's Reserve" (unpublished report, 1946), p. 1. 6 United States Coast Guard, THE COAST GUARD AT WAR PORT SECURITY XVII (Washington, D.C.:U.S.C.G. Headquarters, 1946)pp. 13-16. ' "Vinita Spar Now In Identification Work In Florida," The Vinita Daily Journal, August 25,1944. 8 "Indian Girl Helps Nation In War Work," The Miami Herald, May 28, 1944. 9 Application for Enlistment, Nellie Locust military personnel file, National Archives at St. Louis. 10"Indian Girl." 11 "Cherokee Princess Serves Her Country Here As SPAR," The Miami Herald. December 6, 1944. 12 "Cherokee Princess." Page 405 of 2497 still at war with another tribe." Ironically, the reporter used stereotypes in the same article by writing, "Tomahawk and flame tipped arrow have been displaced... by less lethal typewriter and fountain pen."13 While not lethal, the tools used by YN3 Locust at the Identification Office may have prevented an enemy's lethal act in Miami. Yeoman Locust served at Miami's COTP from July 1944 through December 1944, when she transferred to the Identification Office at the District headquarters. She was honorably discharged in 1945.14 For more information, email Donna Vojvodich at sparsstoriesAgmail.com. ©2024 Donna Vojvodich e a =- .-41100 ear rem 1111111111X (et NNICIAIMAIPIED CUR-Di ettris Male 19111/11111/111e 1111:111C.IL!'l TAIL Using• 17-Mei were I . Dads %two Atatt Communion inctar of M Waillortio. Whoa MOM=tutbontwa aF Crate Pote�o d.ttt I ode tits at T•Yrw u1 torpedoed aii• a tae*- rwnr- the i•� tits har/ba. U. wavy ben 11.11.11ftitaltar ;bast a[tic ttbt'e Taw.. wh.r the p tea:r . the ;au�tte[ . Aveim.d,. ktin IYwa the piety thr navy awe. tanker had edited came dbeb.am batt the got where the Mao sob- moat sot to•teen•e wpuma ab/cs .- ni rhte aesuieei a tarpei her chef lramednn to ruble* tier at the p.* Mee etlrlls to +4 en7 ter b the petal,was obtained.ie telephone ham the ernes of Myron Price. reveal . EYEWITNESS DESCRIBES is-union FMR FAVORS MAKING GAS SHIP BURNING OFF MIAMIIu� CARDS MATTER OF RECORD The Miami News, May 15, 1942 13"Indian Girl." 14 Application for Enlistment. Page 406 of 2497 YOUR DUTY-IASHORE . . . HIS AF AFH 61944 f1011410 o V.. '4'.'- - .4) GO/►5T Cu ,....„..., . _ ..,,,,,„ „ . _ _._ .\ _s, ,N, . ....._ _.... .. , t . . fito, ',.. i.k 4e.ikik t - .t.' - .... • e J...7‘ fo -151111.1117 ' .f. if .. s . r POIRS APPLY NEAREST COAST GUARD OFFICE Government& Geographic Information Collection, Northwestern University Libraries. "Your duty ashore--his afloat : SPARS", World War II Poster Collection Accessed Mon Jan 29 2024. https://dc.library.northwestern.edu/items/d36b6924-bb65-4ba6-a41f-9d0382c4ca50 Page 407 of 2497 "Serve Your Country In Your Country" Join The NAVY WAVES . • . . . SPARS For information relative to tits enlistment in th. Ways or Spars consult ON. Junior Drpart+nent of the Wornaw`s Club attendants at the Navy Recruiting information located on our first floor. "Release A Abin. To Fight At Sea" • AbAillP WEST PALM BEACH The Palm Beach Post, March 7, 1943 Page 408 of 2497 4.4- illt _ f_ 11.11 _,6{ 4 Pil F - DONT BEA 111 % SPARE .,_ , BEA ... R , _-. 0 ,i: _f_ - 61 \ „ , . , ,, ..,. . _„ ...,„. RELEASE A FIGHTING COAST GUARDSMAN FOR COMBAT TRAIN AT THE PALM BEACH BILTMORE WEAR CLOTHES DESIGNED BY MAINBOCHER APPLY NEAREST COAST GUARD OFFICE http.iiwww.bpl.lib.me.us/WarPostersiwpwomen.htmi Page 409 of 2497 . , ! s _ Nilo 11 rir ,' .. .. moi: •i,:. ti - . . P +4/41.4iiiil PA 40, t ' TkliagMllIlll • T s A s - irtiffir s 4-" 1:41r .- -..... ,N i,,,,„ , . i , , ,.. G:O * hi ' i t,. 4 A, ‘ • 4t . - . n I SPARS At Palm Beach Training Station Page 410 of 2497 ______. los .4i* Ammo ..... — I 11111110011141111aMapsouseuriedaviermegow 0* ....». , 4111.1111111111 Mir NIP OM t(00100-U — ar " 1111. WM -� .--ors.., . .. rax, . OMlaws+.,..«. . - i•"• t M 4t 'OS lihr\\410, , "F `` ,, �„" .ori lik,- _in. i , \ i ' :<- ilbeilie 1. th, I SPAR Yeoman at the District personnel office in Miami The Miami News, September 15, 194 Page 411 of 2497 ,-- t "" Y � f 41 P !# t f 12 it ' - ,,,, ! 11 I 1 i i i I '` . i 11 ! i l _ e N Y 1 I t Iif i4 1 1 i i i i I I If if 1, %, I ; - i 11 fl. : rw• fit 12 ! JETS TT 99•T11 'T 111 37 gill di afit: , '� � 'J ! 11 kT ' au �' Coast Guard District Headquarters-the Alfred DuPont Building -Where Nellie Locust and other SPARs worked. http://www.floridamemory.com/items/show/269730 Page 412 of 2497 los, ,fil° / s '), r , '/ ....„ 4 - -- -- '-'* \ , , r 1 41,41.- _ i / . r I t PP -' 114 r, e .1 : )f f r , 4., ! rr f . t �. IF" "0 . V . -- r r :- ---r, A- r.:_._ ,- r I ri ff., . . , 51,00 1 * ' r ;i . r , ' i ff ii_, _„---------_,, -7------,-------- ' ......_r - -- . -- 1.4- t i •-.0.4 , .µ r Ei _ 1 - .f fl,. ""� • f' • r- _ _ 4, • it k. •,._ I ' . ' ',1 R ... .a -f ` The former Royalton Hotel, used as the SPARs barracks. httrs://commons.wikimedia.org/wiki/File:Rovalton Hotel (Miami, Florida).ipq Page 413 of 2497 • 402ir ie -10 i A illip,i _ , ... _ . , , . „. _. , . . .. ,:,„:;__#. _ _ _ ,_.... ..,,,,,.„,.:..„, ., t ... 11.4.44111efr' lifi,".a.. I 4110, Nellie Locust Family Photo Page 414 of 2497 14 ai .,..„ _. . . ....., ,, fi lig 4., CURRENT RESEARCH A U.S. Coast Guard Women's Reserve from World War II - SPARs Stories History Project Historian I June 2019-current \ • • i EDUCATION Hastings College of Law Juris Doctor 1 1988 DONNA California State University, Sacramento V OJ V O D I C H Bachelor of Arts in Government 11984 PRESERVING THE SPARS PRESENTATIONS COAST GUARD LEGACY 2024, Vojvcoich, Donna and K,!iian,.April. USCG SPARs Lunch and Learn."Subaru of America, Online. In World War II,the United States Coast Guard Women's Reserve(SPARs)played 2023. Vojvodich, Donna and Killian, April. "Coast Guard Women an important role in breaking barriers for World War IL"WLI Auxiliary Chapter, Online the Coast Guard women who followed 2023,Vojvodich, Donna. 'The Baker Twins Myth: How Fake them. News Became a Coast Guard Origin Story." McMullen Naval History Symposium, U S. Naval Academy,Annapolis, Maryland. Donna Vojvodich captures SPARs sto- ries through oral histories and primary 2023,Vojvodich, Donna. "SPARS: The Coast Guard Women source research, preserving this critically Who Sent the Men to Sea." Pacific Historic Parks History'Talks, important Coast Guard legacy. Online. 2021, Vojvodich, Donna. "SPARS on a Mission."McMullen Naval ` History Symposium, U.S. Naval Academy,Annapolis, Maryland. 2020, Vojvodich, Donna. "SPARs Stories."WLI Liberty Chapter Women's Leadership Summit, Online. 2019,Vojvodich, Donna and Claflin, Tina. "SPARS Stories." Women's History Month Celebration, Coast Guard Headquar- ters. Washington, DC. SPARsstories@gmail.com (703)625-3439 Page 415 of 2497 PUBLICATIONS Vojvodich, Donna. 'The Long Blue Line: Myrtle Hazard - first woman in the United States Coast Guard." MyCG, 31 March 7023,www.history.uscg.mil/Research7THE-LONG-BLUE-LINE/Article/3382820/the-long- blue-line-myrtle-hazardfirst-woman-in-the-united-states-coast-guard/. Vojvodich, Donna. "The Long Blue Line: The Baker Twins - Re-searching the first female Coasties - or were they?" MyCG, 24 March 2023, https://www.mycg.uscg.mil/News/Article/3311017/the-long-blue-line- the-baker-twinsre-searching-the-first-female-coasties-or-wer/. Vojvodich, Donna. 'The Long Blue Line: Skipper,jeep driver, and bandmaster forgotten by history." MyCG. 17 March 2023, www.history.uscg.rnil!ResearchiTlIE-LONG-BLUE-LINE/Articie/3382&15/the-long- blue-line-skipper-jeep-driver-and-bandmaster-forgotten-by-history,/. Vojvodich, Donna.'The Long Blue Line: Latina SPARs- Minority trailblazers of World War IL" MyCG, 23 Sept. 7022, www.mycg.uscg.mil/News/Article/3159537/the-long-blue-line-latina-sparsminority-trailblaz- ers-of-world-war-ii/. Vojvodich, Donna."the I ong Blue Line: "Sooner Squadron"- First Native American Women to enlist in the Coast Guard." MyCG, 5 Nov, 2021,www.mycg.uscg.mil/News/Article/2826944/the long blue fine- sooner-squadronfirst-native-american-women-to-enlist-in-the/. Vojvodich, Donna, and Tina Claflin. The Long Blue Line: A Letter from Christmas Past."Coast Guard Compass, 19 Dec. 2019 PROFESSIONAL EXPERIENCE Hoffman Fuel • Deploy social media research techniques to locate deb ors and resolve financial obligations City of Eureka, CA Deputy District Attorney • Legal research and prosecutions VOLUNTEER EXPERIENCE Arlington National Cemetary Arlington Lady 12013-present Page 416 of 2497 [Date , 2024] Ocean Terrace Streetscape, LLC 1035 N. Miami Ave, #201 Miami, FL 33136 Atm: Jared Green Dear Jared, This letter ("Agreement") shall serve to detail the terms for your commission of a sculpture (the "Sculpture") by Atelier Prune Nourry ("Artist") for display in a five-acre public greenspace (the "Park") being developed by Ocean Terrace Streetscape, LLC as part of its Ocean Terrace redevelopment project. Ocean Terrace Streetscape, LLC and its permitted assigns under this Agreement shall collectively be referred to as"OTH". The Sculpture 1. The Sculpture shall have an approximate size of 25' 7" x 7' 4" and be comprised of a structure supporting contiguously placed, carved Siporex blocks that are covered in a finish coat and silicate protective layer to form a single work of art. The Sculpture will be substantially similar to the model and artwork submitted to and approved by the City of Miami Beach Art in Public Places Committee ("AIPP"), as such approval and requirements are communicated by OTH to Artist. The preliminary artwork and additional specifications for the Sculpture are attached hereto as Appendix A. OTH acknowledges that as a result of the artistic and manufacturing processes the Sculpture may have non-material differences from the approved model. All of the terms and conditions of this Agreement, including the payment obligations, shall apply regardless of any such non-material differences. Notwithstanding the foregoing,Artist shall fabricate and install the Sculpture in substantial conformity with the approved model and may not deviate from the approved model without written approval of OTH (and potentially AIPP, if the City determines that additional review by AIPP shall be required). 2. The Siporex blocks for the Sculpture and the supporting structure shall be produced in the United States (Artist and OTH shall mutually agree on an alternate plan if needed). The blocks shall be assembled on the supporting structure on site at the Park under the direction and supervision of the Artist. Following the assembly, Artist will direct and supervise the application of the fmish coat and protective layer. Completion of the Sculpture at the Park will take approximately seven (7) days. The entire process of fabricating and installing the Sculpture is estimated to take approximately six (6) months following approval of the models and artwork, with an expected(but not guaranteed)completion prior to Art Basel Miami 2024. The parties shall mutually agree to a schedule for completion of the model and artwork, approval by the City, fabrication of the structure and blocks, shipment, and installation. 3. For clarity,the Sculpture includes solely the half head depicted in the preliminary artwork. The Sculpture does not include, and Artist is not responsible for any other element depicted or 1 76810784;1 Page 417 of 2497 implied in the artwork, including but not limited to any trees or other vegetation, the pond, the underwater foundation on which the Sculpture sits, and the depicted bench. Obligations of OTH 4. OTH shall be solely responsible for and shall pay all costs required for: a. Obtaining the approval from AIPP for the Sculpture; b. Obtaining all other permits and approvals required for the construction of the Park (including but not limited to the construction of the pond,foundation for the Sculpture,and bench), and the installation of the Sculpture (including but not limited to the application of the finishing and protective coats); c. Furnishing all supplies, materials, equipment for the sculpture and its production. d. Packing and shipment of the supporting structure and Siporex blocks from the production facility to the site in Miami Beach, storage until installation occurs, and delivery and unloading of the structure and blocks at the Park for installation; e. Construction of the Park, including but not limited to the pond, the foundation for the Sculpture, and the bench; f. Access to the Park during the period required to install and finish the Sculpture, subject to reasonable rules regarding access in connection with ongoing construction of the Park and adjacent project and coordination with such construction progress,with the understanding that insufficient access may delay and/or increase the cost of the Sculpture; g. Reasonable travel and hotel accommodations for Artist and one (1) representative of Artist to supervise installation and finishing of the Sculpture at the Park (all costs require prior approval by OTH); h. The provision of a sufficient number of contractors with experience in the installation of artwork and/or other works comprising similar care to install the Sculpture and apply the finishing and protective coats; and i. All site, workplace, and worker safety at the Park and all other locations the Sculpture or its components are shipped or stored. 5. In addition to the foregoing, if any unveiling of the Sculpture or official opening of the Park is scheduled, OTH shall provide reasonable travel and hotel accommodations for the Artist to attend(all costs require prior approval by OTH). Obligations of Artist 6. Artist shall be responsible for the following: a. Performing all services necessary for the design and fabrication of the Sculpture, including those necessary for installation of the Sculpture(but excluding the surrounding fountain, foundation and plinth for the Sculpture) and application of the finish coat and protective layer. Such services shall be performed in a professional manner and in strict compliance with all terms and conditions of this Agreement. b. Inspecting the Park prior to the transportation and installation of the Sculpture. Artist shall notify OTH in writing of any adverse conditions that may impede or otherwise impact the installation of the Sculpture and which require resolution before proceeding with any portion of the services or installation of the Sculpture. Artist shall provide such notice within a reasonable 2 76810784.1 Page 418 of 2497 amount of time so as to allow OTH to properly coordinate any necessary corrections and not create any delays to the construction schedule. c. Virtually attending public information meetings with the general public(if required by AIPP and subject to Artist's reasonable availability and time difference)and virtually attending design and construction coordination meetings with OTH, general contractor, architect and other parties, as appropriate and subject to Artist's reasonable availability and time difference, to communicate about the Sculpture and to ensure appropriate integration and/or installation of the Sculpture. d. Participating, as necessary, in the preparation of applications and such documents and design data as may be required to procure approvals from all such governmental authorities that have jurisdiction over the construction of the Park and installation of the Sculpture. Artist,her assistants, or assigned subcontractors shall participate virtually in any necessary meetings, submissions, resubmissions and negotiations with such authorities, subject to Artist's reasonable availability and time difference, and Artist shall respond to comments by such authorities in a timely manner to adhere to the agreed-upon schedule. e. Coordinating the transportation and installation of the Sculpture in consultation with OTH. f. Supervising, directing, and approving the installation of the Sculpture and the application of the finish coat and protective layer. g. Providing OTH with a maintenance manual with a description of all material and products utilized in the Sculpture and the required care and upkeep involved. h. Being available with reasonable advance notice for meetings, ceremonies and the like, as necessary. i. If any personal appearance of Artist is required for any meeting above, OTH shall pay for Artist's reasonable travel and hotel accommodations (subject to OTH's prior approval) unless the timing can be coordinated with another visit Artist has planned to the Miami area.Travel origination will only be from Paris, France or New York,NY unless otherwise agreed to by OTH. 7. Upon completion and installation of the Sculpture,Artist shall be responsible for obtaining written final approval from OTH. If OTH finds the Sculpture acceptable, the requirements of the Agreement with regard to design, fabrication, and installation of the Sculpture satisfied, and all conditions of the permits and regulatory agencies fulfilled,final acceptance shall be given by OTH. Payment 8. In consideration for the production and installation of the Sculpture, in addition to OTH's other obligations under this Agreement,OTH hereby agrees to pay Artist the amount of thirty- one thousand two hundred dollars($31,200 USD)in addition to any pass-through expenses at cost as agreed to in writing by OTH and Artist. OTH acknowledges that because this is Artist's first commission in the United States, Artist has significantly discounted its customary fee for a Sculpture of this size. 9. This amount is payable as follows: a. Upon signing: $10,000; b. Upon completion of the structure and blocks: $10,000; and c. Upon obtaining written final approval from OTH : $11,200 3 76810784;1 Page 419 of 2497 10. All payments due under this Agreement will be remitted to: Bank information: Prune Nourry BNC IBAN: FR76 3006 6100 0500 0204 9410 229 BIC: CMCIFRPP Bank CIC Paris Opera Bourse, 28 avenue de l'Opera, 75002 Paris, France Bank: 30066/Office: 10005 /Account: 00020494102 /Key: 29 OTH shall pay any fees imposed by its bank to make any payment. Interest at the rate of one percent(1%) per month shall accrue and be due on any amounts which are not paid within thirty (30)days from being due. OTH shall reimburse Artist for all costs it incurs to collect any amounts due under this Agreement, including reasonable attorneys' fees, collection agency fees and court costs. All payments are exclusive of any applicable taxes (none foreseen). Artist's Representations and Warranties 11. Artist represents and warrants that: a. The Sculpture is solely the result of the artistic effort of Artist; b. Except as otherwise disclosed in writing to OTH, the Sculpture is unique and original and does not infringe upon any copyright or the rights of any person; c. The Sculpture (or duplicate thereof)has not been accepted for sale elsewhere; d. Artist has not sold,assigned,transferred, licensed, granted, encumbered or utilized the Sculpture or any element thereof or any copyright related thereto which may affect or impair the rights granted pursuant to this Agreement; e. The Sculpture is free and clear of any liens from any source whatsoever; f. These representations and warranties shall survive the termination of this Agreement. Rights and Credits 12. OTH agrees that Artist is the sole and exclusive creator of the Sculpture and is the sole and exclusive author and owner of all copyrights in the Sculpture. OTH agrees that (a) any contributions to the Sculpture by OTH or any employee,agent or subcontractor of OTH were made as "works made for hire" for Artist; (b) OTH on behalf of itself and its employees, agents and subcontractors hereby assign to Artist any and all interests any of them may have in the copyrights in the Sculpture; and(c) OTH shall never contest the validity of the copyrights in the Sculpture or Artist's ownership thereof. At its option,Artist may register its copyrights in the Sculpture. Prior to the time OTH assigns this Agreement and all right, title and interest OTH has in the Sculpture to the City of Miami Beach("City"),OTH shall not intentionally and materially alter the Sculpture without the prior written consent of Artist. Notwithstanding the foregoing, Artist hereby waives, to the extent permitted by applicable law, all rights of paternity, integrity, attribution, disclosure, withdrawal, and any other rights that may be known as "moral rights"with respect to the use and display of the Sculpture pursuant to this Agreement. To the extent this waiver is not permitted by applicable law,Artist hereby agrees not to enforce such moral rights against OTH and its permitted successors, sublicensees, and assigns. 4 76810784;1 Page 420 of 2497 13. OTH shall provide and install next to the Sculpture a plaque designed by Artist to be mutually agreed upon, identifying the title of the Sculpture, which shall be provided by Artist (currently Reflection), and identifying the artist of the Sculpture as "Prune Nourry" and acknowledging that the Sculpture was commissioned by OTH or its parent company Ocean Terrace Holdings, LLC. 14. Upon completion and installation of the Sculpture pursuant to Section 7, OTH will be assigning this Agreement and transferring ownership of the Sculpture to the City. All terms of this Agreement shall remain consistent and all references to OTH will instead refer to the City or its assigns. Specifically,the City will only be acquiring the physical Sculpture and not the copyrights or other intellectual property rights in or to the Sculpture. Further, the Sculpture may not be intentionally and materially altered in any way without the prior written consent of Artist. Notwithstanding the foregoing, all risk of loss relating to the Sculpture will remain with OTH until Substantial Completion(as such term is defined in that certain Development Agreement dated July 31, 2019 between the City and certain affiliates of OTH, as amended) of the Park. 15. Artist grants to OTH an irrevocable license to make two-dimensional reproductions of the Sculpture for non-commercial purposes, including, but not limited to, reproductions used on its website, brochures, media publicity, exhibition catalogs, or other similar publications without the approval of or further compensation to Artist. OTH shall use best effort to identify the artist of the Sculpture as"Prune Nourry"and include a copyright notice which states"©2024 Atelier Prune Nourry"on any such materials.No casual or inadvertent failure by OTH to comply with the credit requirements set forth above,nor any failure by third parties to so comply, shall constitute a breach of this Agreement by OTH. Without limiting the generality of the foregoing, OTH shall have no rights to sell prints, postcards, books, or other merchandise featuring the Sculpture. In the event OTH wishes to make reproductions of the Sculpture for commercial purposes, the parties shall execute a separate agreement to address the terms of the license granted by Artist and any royalty Artist shall receive. 16. Artist agrees that in all subsequent reproductions of the Sculpture, OTH will receive a credit in readable form in substantially the following form: "Commissioned by Ocean Terrace Holdings, LLC, Miami Beach, FL for the benefit of the Art in Public Places Program of the City of Miami Beach, Florida." 17. In view of the intention that the Sculpture shall be unique, Artist shall not make any additional exact duplicate three-dimensional reproductions of the final Sculpture, nor shall Artist grant permission to others to do so,except with the written permission of OTH. However,nothing herein shall prevent Artist from creating future artworks and sculptures in Artist's manner and style of artistic expression. 18. OTH shall not be responsible for any third-party infringement of Artist's copyright and not responsible for protecting the intellectual property rights of Artist. Publicity Materials 5 76810784:1 Page 421 of 2497 19. OTH agrees that it will cause a professional photographer to take high resolution digital photographs which accurately depict the Sculpture from different angles and will provide full resolution digital copies of such photographs to Artist. Artist agrees that such photographs shall be produced as "works made for hire" for the City; that the photographer waives any moral or artist's rights; and the City and OTH agree that Artist shall have the perpetual, irrevocable, worldwide right to use, modify, publish, distribute, and reproduce such photographs for any purpose without any payment to or consent of OTH or any third party, provided the Artist shall comply with the credit requirements set forth in Section 16. Notwithstanding the assignment of this Agreement to the City pursuant to Section 14, OTH shall remain solely responsible for the provision of the professional photographs required to be deliver by Section 19, and the City shall be the owner of all right, title and interest in and to such photographs from the moment of creation. 20. OTH shall have the right to use the name, likeness and biographical information of Prune Nourry in connection with the Sculpture and its customary publicity materials, including but not limited to any interviews with Prune Nourry or other persons, and any photographs or audiovisual recordings documenting the "making of' the Sculpture, all of which shall be produced as "works made for hire" for the City, the unveiling of the Sculpture, or the opening of the Park. OTH shall provide Artist with high resolution digital copies of all such materials and all outtakes. OTH and the City agree that Artist shall have the perpetual, irrevocable, worldwide right to use, modify, publish, distribute, and reproduce such materials for any purpose without any payment to or consent of OTH or any third party. Notwithstanding the assignment of this Agreement to the City pursuant to Section 14, OTH shall remain solely responsible for the obligation to provide any photographs or audiovisual recordings documenting the "making of' the Sculpture to Artist pursuant to this Section 20, and the City shall be the owner of all right, title and interest in and to such photographs and audiovisual recordings from the moment of creation. Exhibition. Repair and Relocation 21. OTH agrees that the Sculpture shall be exhibited to the public as installed by Artist without obstruction for a continuous period of no less than three (3) years commencing on the public opening of the Park,provided, if OTH determines that the Sculpture must be removed or relocated to ensure it is not damaged or to address any public safety concerns,the Sculpture may be removed or relocated before the expiration of such three(3) year period. 22. If at any time after such exhibition OTH wishes to remove or relocate the Sculpture to another location, OTH shall notify Artist in writing upon adoption of a plan of alteration of the location, which may result in the Sculpture being destroyed, distorted, or modified. Artist shall be granted the right of consultation regarding the removal or relocation of the Sculpture. If the Sculpture cannot be successfully removed or relocated as determined by OTH in its sole discretion, Artist may disavow the Sculpture or have the Sculpture returned to Artist at Artist's expense. The Sculpture may be removed or relocated or destroyed by OTH should the Artist and OTH not reach mutual agreement on removal or relocation of the Sculpture after a period not to exceed ninety (90) days after written notice to Artist. During the ninety (90) day period, the parties shall engage in good faith negotiations concerning the Sculpture's removal or relocation. 6 76810784;1 Page 422 of 2497 23. If at any time the Sculpture requires repair or restoration, aside from any regular upkeep and maintenance or damage resulting from an act of force majeure, such repair or restoration shall be provided solely by Artist pursuant to a separate agreement to be mutually agreed which compensates Artist for such work. 24. In the event of changes in building codes or zoning laws or regulations that cause the Sculpture to be in conflict with such codes, laws, or regulations, OTH may authorize the removal or relocation of the Sculpture without Artist's prior permission. 25. If OTH reasonably determines that the Sculpture presents imminent harm or hazard to the public, other than as a result of OTH's failure to maintain the Sculpture under this Agreement, OTH may authorize the removal of the Sculpture without prior approval of Artist. Insurance 26. OTH shall provide insurance covering (a)the shipment, installation and completion of the Sculpture including but not limited to any injury to any person or any damage to the Park on which policy Artist and the City shall be additional insureds; and(b)any damage to or destruction of the Sculpture at any time from delivery of the structure and blocks through Substantial Completion of the Park. Transfer, Resale and Royalty 27. Excluding solely a grant of the Sculpture to the City or other affiliated entities,any transfer or sale of the Sculpture, whether by contract, operation of law, or otherwise, may only be made with the prior written consent of Artist, which shall not be unreasonably withheld. Any attempted transfer or sale without such consent shall be null and void. The Sculpture may only be transferred or sold as a single, unified work of art for its exhibition as a single, unified work of art and only if it is to be relocated for public display at a setting similar to the Park. 28. The assignment of this Agreement and transfer of ownership of the Sculpture to the City upon completion of the Park has been pre-approved by Artist. No other grant, transfer or sale of the Sculpture shall be approved or valid unless the grantee/transferee/buyer agrees to assume and be bound by all of OTH's obligations under and all of the terms and conditions of this Agreement. Death or Disability of Prune Nourry 29. If before the completion of the Sculpture, Prune Nourry dies or becomes disabled such that she can no longer perform work on the Sculpture, then OTH and Artist shall discuss in good faith the current status of the Sculpture. Any continuing work on the Sculpture shall be subject to the approval of Artist in its sole and absolute discretion. There shall be no refund of amounts paid by OTH. 7 76810784;1 Page 423 of 2497 First Right on Bankruptcy or Insolvency 30. OTH agrees that it will notify Artist of any Insolvency Event within thirty (30) days of its occurrence and shall not negotiate or arrange for the sale or transfer of the Sculpture before providing such notice. Upon the receipt of notice of an Insolvency Event, Artist shall have the sole and exclusive right to arrange for the sale or transfer of the Sculpture for a period of one (1) year. Any such sale or transfer shall be subject to all of the terms and conditions of this Agreement, including but not limited to the obligation to sell the Sculpture as a single, unified work of art. An "Insolvency Event" shall mean OTH becomes insolvent or bankrupt, discontinues its business, seeks or obtains by operation of law any stay of or relief from creditors under United States bankruptcy laws or the similar laws of any other jurisdiction, appoints a receiver or liquidator or takes any action to appoint a receiver or liquidator or has any creditor take any action to have a receiver or liquidator appointed for it, or transfers any assets or makes any arrangement for the benefit of a creditor. Limitation of Liability 31. THE AGGREGATE LIABILITY OF ARTIST IN CONNECTION WITH THE SCULPTURE, THIS AGREEMENT AND/OR ITS SUBJECT MATTER, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION CONTRACT, STRICT LIABILITY, NEGLIGENCE AND/OR OTHER TORT, SHALL IN NO EVENT EXCEED THE AMOUNT OF THE FEES THAT HAVE BEEN PAID TO ARTIST HEREUNDER, EXCEPT FOR CLAIMS RELATED TO COPYRIGHT INFRINGEMENT. IN NO EVENT WILL ARTIST BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS OR REVENUE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS FORM AN ESSENTIAL BASIS FOR THIS AGREEMENT AND SHALL SURVIVE REGARDLESS OF THE FAILURE OF ANY REMEDY OF ITS ESSENTIAL PURPOSE. Miscellaneous 32. OTH and Artist are independent contractors. No joint venture, partnership or other relationship is created by this Agreement. 33. Each party represents and warrants that the person signing below is authorized to do so and that this Agreement shall be valid and binding upon it. 34. This Agreement will be construed in accordance with the laws of the state of Florida applicable to contracts made and performed therein without regard to principles of conflict laws. The parties agree that jurisdiction and venue of any claims arising under or related to this Agreement shall be exclusive in Miami-Dade County, Florida. The parties expressly submit to jurisdiction and venue in the state and federal courts located in Miami-Dade County, Florida. The parties agree that any disputes arising from or relating to this Agreement shall be submitted to the American Arbitration Association for binding arbitration to occur in Miami-Dade County,Florida. 8 76810784;1 Page 424 of 2497 Under no circumstances shall the arbitrator have the authority to review or base its decision in whole or in part on its or any other person's assessment or review of the artistic merits of the Sculpture. 35. Notwithstanding the foregoing, OTH acknowledges that any use or attempted transfer or sale of the Sculpture which violates the terms and conditions of this Agreement shall cause irreparable damage to Artist that cannot be remedied with damages and, therefore, agrees that in addition to all other rights and remedies Artist shall be entitled to obtain equitable relief(including but not limited to an injunction) directly from any appropriate court or other governmental body without the posting of a bond or other surety therefor and without any proof of damages. 36. In the event of any arbitration or litigation arising out of this Agreement, the prevailing party shall be entitled to recover any and all reasonable attorneys' fees and other costs incurred in connection therewith. 37. If any term or provision of this Agreement is held invalid, such invalidity will not affect any other term or provision, and this Agreement will be interpreted as if such term or provision had never been contained in this Agreement. 38. No waiver or modification of any of the terms of this Agreement will be valid unless in writing, signed by both parties. Failure by either party to enforce any rights under this Agreement will not be construed as a waiver of such rights, and a waiver by either party of a default in one or more instances will not be construed as a continuing waiver or as a waiver in other instances. 39. All notices required under this Agreement shall be in writing and shall be given by personal delivery or reputable overnight courier service with delivery confirmed by signature of the recipient,or email addressed as hereinafter provided; provided, however,that any Notice given by email shall also be given by personal delivery or reputable overnight courier service. Notices shall be effective upon their confirmed receipt. 40. This Agreement shall be binding upon the parties hereto and upon their heirs, successors, assigns and transferees. 41. This Agreement is the entire understanding of the parties on its subject matter. Any and all representations or agreements by any agent or representative of either party to the contrary will be of no effect. This Agreement may be signed in counterparts and/or digitally, all of which taken together shall form one document. 9 76810784:1 Page 425 of 2497 Please sign below your agreement and acceptance of these terms. Agreed to and accepted: Ocean Terrace Streetscape, LLC Atelier Prune Nourry By: By: Sandor Scher Prune Nourry Date: Date: Address: Address: As to Sections 1,2, 12, 19 and 20: City of Miami Beach By: Date: Address: IO -6810-84 I Page 426 of 2497 APPENDIX A The Sculpture II 76810784;1 Page 427 of 2497