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<br />- City of SlIuuy Isles Beaeft <br /> <br />18070 Collins A venue, Sunny Isles Beach, Florida 33 I 60 <br />(305) 947-0606 phone (305) 949-3113 Fax <br /> <br />2.12 Title to the Project shall pass to thc CITY following the Contract Administrator's inspection <br />of the Work and, if the Work is approved, upon Contractor's issuance of written final <br />acceptance of the complete installed Project. In furtherance of the foregoing, it is understood <br />that any risk of loss or damage to the Work and/or the Project shall be the sole responsibility <br />and liability of ARTIST until such time as the Contract Administrator has issued a final <br />written acceptance of the Project. <br /> <br />2.13 Upon Contract Administrator's written linal acceptance of the complete installed Project, all <br />documents related to the conception, proposal, fabrication, and installation of the Project, <br />including "as built" documents, shall be turned over to the Contract Administrator and <br />become the property of CITY. ARTIST understands and agrees. that CITY shall be free to <br />exhibit and/or reproduce these documents as a record of ARTIST'S conception of the Work. <br /> <br />ARTICLE 3 <br />TERM and TIME OF PERFORMANCE <br /> <br />3.1 The term of this Agreement shall begin on the date it is flIlly executed by both parties. <br />Thereafter, ARTIST shall diligently execute the Work and shall deliver the completed <br />sculpture within thirty-two (32) weeks fl'om the date of execution, as more fully described in <br />Attachment A. <br /> <br />3.2 Time shall be deemed to be of the essence In performing the duties, obligations and <br />responsibilities required by this Agreement. <br /> <br />3.3 The CITY, through the Contract Administrator, may grant a reasonable extension of time to <br />the ARTIST in the event that there is a delay on the part of the CITY in performing its <br />obligations or in completing the underlying CITY capital project resulting in a delay of the <br />Site being made available to ARTIST [or proceeding with the Work, or if conditions beyond <br />the ARTIST'S control render timely performance of the ARTIST'S services impossible or <br />unexpectedly burdensome. All requests for extensions o[time must be submitted in writing <br />to the Contract Administrator by the ARTIST as soon as the delay or conditions become <br />known and their impact is evaluated, and shall not be effective unless approved in writing by <br />the Contract Administrator. <br /> <br />3.4 Either party is excused from performance and shall not be liable for any delay in delivery or <br />for non-delivery, in whole or in part, caused by the occurrence ofa force majeure event such <br />as hurricane, fire, civil disobedience, riots. rebellions. explosion. flood, storm, Acts of God, <br /> <br />5 <br /> <br />C0607-044 Butterfly Artist Agreement <br /> <br /><;' I t-, <br />.) 1J <br />