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<br />Ae:reement between <br />Citv of Sunny Isles Beach. Florida and F.D.F. Desie:ns Studio <br />For Commissioned Artwork <br /> <br />This is an Agreement, made and entered into by and between: CITY OF SUNNY ISLES BEACH, FLORIDA, a <br />political subdivision ofthe state of Florida, hereinafter referred to as "CITY," and F.D.F DESIGNS STUDIO, hereinafter <br />referred to as "ARTIST." <br /> <br />WHEREAS, In accordance with its Art in Public Places Ordinance, the City plans to install a bronze sculpture at <br />the Samson Oceanfront Park, hereafter referred to as the "Site"; and <br /> <br />WHEREAS, pursuant to this Agreement, ARTIST will create a certain unique and original work of art; and <br /> <br />WHEREAS, both parties wish to be represented by the Work. <br /> <br />NOW THEREFORE, IN CONSIDERATION of the mutual tenns, conditions, promises, covenants and <br />payments hereinafter set forth, CITY and ARTIST agree as follows: <br /> <br />ARTICLE 1 <br />DEFINITIONS AND IDENTIFICA TIONS <br /> <br />The defrnitions and identifrcations set forth below are assumed to be true and correct and are agreed upon by the <br /> <br />parties. <br /> <br />1.1 Agreement. This document, and other tenns and conditions which are included in the exhibits and documents <br />that are expressly incorporated by reference. <br /> <br />1.2 Artist. The individual or business entity selected to perfonn services pursuant to this Agreement. <br /> <br />1.3 City. The City of Sunny Isles Beach, Florida. Unless otherwise provided in the Agreement, where certain <br />approvals and submissions are required from the City in this Agreement, those shall be required by the Mayor <br />and City Commission of the City of Sunny Isles Beach, Florida or the City Manager. <br /> <br />1.4 City Manager. Shall mean the Chief Administrative Offrcer of the City. <br /> <br />1.5 Contract Administrator. The City Manager or a designee of the City Manager, whose primary responsibilities <br />are to coordinate and communicate with ARTIST and to manage and supervise execution and completion of the <br />Scope of Services and the tenns and conditions of this Agreement, as set forth herein. <br /> <br />1.6 City Attorney. The chieflegal counsel for CITY who directs and supervises the Offrce of the City Attorney. <br /> <br />1,7 Notice to Proceed, A written Notice to Proceed for the Project issued by the Contract Administrator. <br /> <br />1.8 Project. That certain unique and original work of art to be situated in a location designated by the City at the <br />Samson Oceanfront Park and to be known as "the Family." <br /> <br />1,9 Work. Any work(s) required by Artist under this Agreement to successfully complete the Project. <br />