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<br />~ .7Jl' <br /> <br /> <br />CITY OF SUNNY ISLES BEACH <br />SECOND ADDENDUM TO COMMISSIONED ARTWORK AGREEMENT <br />WITH RAFAEL BARRIOS <br /> <br />WHEREAS, on February 16,2006, the City Commission adopted Resolution No. 2006- <br />893 and approved an agreement to commission the services of Rafael Barrios ("Artist") for the <br />design, delivery and installation of an artistic monument entitled "Contained Energy" at the <br />Town Center Park ("Master Agreement"); and <br /> <br />WHEREAS, on April 7,2006, Mayor Norman Edelcup approved a name change for this <br />sculpture to "Rising Horizons"; and <br /> <br />WHEREAS, on or about August 26, 2006, in preparation for the landfall of tropical <br />storm Ernesto, the sculpture sustained damage during a maneuver to lower and secure the <br />sculpture to the ground; and <br /> <br />WHEREAS, the City Commission desires to retain the services of the Artist to perform <br />the repairs to the sculpture ("Services"); and <br /> <br />WHEREAS, the Artist's estimated cost to perform the necessary repairs to the sculpture <br />is Eighteen Thousand and Ninety Dollars ($18,090.00), as more fully described in Attachment <br />"A". <br /> <br />NOW THEREFORE, in consideration of the premises and the mutual covenants herein <br />stated, the parties hereto agree as set forth below: <br /> <br />1. AMENDMENT. <br /> <br />The Artist, Rafael Barrios, shall perform the Services, as more fully described in <br />Attachment "A," which is attached hereto and made a part of this Addendum. The <br />total cost of the Services shall be in an amount not to exceed $18,090.00. <br /> <br />2. REMAINING TERMS. <br /> <br />All other terms and provisions of the Master Agreement dated February 16, 2006 <br />shall remain in full force and effect. Any modification of this Agreement shall be <br />effective only if in writing and signed by the parties to this Agreement. No waiver <br />of any provision of this Agreement shall be valid or enforceable unless such waiver <br />is in writing and signed by the party granting such waiver. In the event of any <br />conflict between the terms of this Addendum and any other agreement, this <br />Addendum shall prevail. <br /> <br />Second Addendum for Commissioned Artwork with Rafael Barrios <br />1 <br /> <br />SIB <br />