Amendment No.1 to Agreement
AMENDMENT NO.1 TO THE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH,
FLORIDA AND PAUL FULLERTON FOR COMMISSIONED ARTWORK (THE
AGREEMENT)
This Amendment N~ the Agreement, is made and entered into this r go
day of cr-vk , 209f<~y and between the CITY OF MIAMI BEACH, FLORIDA,
a municipal Mrporation having its principal office at 1700 Convention Center Drive,
Miami Beach, Florida, 33139 (City), and PAUL FULLERTON (Artist), an individual whose
address is Post Office Box 348212, Coral Gables, FL, 33234.
RECITALS
WHEREAS, the Agreement provided for ARTIST to design, fabricate and
install artwork for the South Pointe Streetscape Public Plaza Artwork entitled,
"Corona del Mar"; and
WHEREAS, pursuant to said Agreement, the term shall end thirty (30)
days before the opening ceremony of South Pointe Streetscape Project Phase I,
or public access to the site, or 480 days thereafter, whichever is earlier; and
WHEREAS, Phase I of the South Pointe Streetscape was completed in
January 2003, and the Administration has deemed that the term of the
Agreement has expired; and
WHEREAS, the ARTIST has acknowledged that setbacks have occurred
during fabrication delaying the art project, but ARTIST continued to fabricate the
Artwork; and
WHEREAS, the attached art project schedule, as prepared by ARTIST,
details the remaining milestones and a timeline for project completion; and
WHEREAS, the City acknowledges that additional site preparation work is
~ ~equired to complete the art project; specifically removal and replacement of
~xisting sidewalk, extension of existing concrete footer, and electrical work; and
WHEREAS, site preparation work will be managed and constructed by the
City's Public Works Department; and
WHEREAS, the City and ARTIST hereby agree to execute this
Amendment No. 1 to the Agreement, extending the term of the Agreement for an
additional twelve (12) months; said term commencing on the last date of
execution of this Agreement No. 1 by the parties, to complete, the fabrication and
installation of the Artwork, at no additional cost to the City.
1. ABOVE RECITALS
The above recitals are true and correct and are incorporated as part of this
Amendment NO.1.
2. MODIFICATIONS
The Agreement is hereby amended to extend the term of the Agreement
for an additional twelve (12) months; said twelve month term commencing from
the last date of execution by the parties of this Amendment No.1, and to
complete, the fabrication and installation of the Artwork at no additional cost to
the City. Furthermore, the attached art project schedule, as prepared by
ARTIST, details the remaining milestones and a timeline for project completion.
3. OTHER PROVISIONS
All other provisions of the Agreement are unchanged.
4. RATIFICATION
The City and ARTIST ratify the terms of the Agreement, as modified by
this Amendment NO.1.
This writing and the exhibit(s) attached hereto embody the entire Amendment
and understanding between the parties hereto, and there are no other
agreements and understandings, oral or written with reference to the subject
matter hereof that are not merged herein and superceded hereby.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment
to be executed by their appropriate officials, as of the date first entered above.
FOR CITY:
CITY OF MIAMI BEACH, FLORIDA
ATTErn ~
By: .IMr.~
City Clerk
{f~~:1 ~
City!.: anager
FOR ARTIST:
B~~ ,_
~' ne$
L/ _ ~A er"rld:A
Itness
.......-....2.;.---
...~r
/:,::,;~"
BY;--/::': /" ? e ~L:r~?-:-"L
_../.... Paul Fullerton, Artist -