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N <br />,w._,' AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND <br />a -- <br />VALERIA YAMAMOTO FOR COMMISSIONED AR'T'WORK <br />CONTRACT NO. C1213 -030 <br />,r <br />THIS AGREEMENT (hereinafter referred to as the "Agreement') is made in duplicate, <br />this 31ST day of July, 2013, by and between the CITY OF SUNNY ISLES BEACH <br />FLORIDA, a political subdivision of the state of Florida, located at 18070 Collins Avenue, <br />Sunny Isles Beach, Florida 33160, hereinafter referred to as "CITY," and VALERIA <br />YAMAMOTO, located at 9800 West Bay Harbor Dr., Apt. 9412, Bay Harbor Island, FL 33154, <br />hereinafter referred to as "ARTIST." <br />WHEREAS, in accordance with its Art in Public Places Ordinance, the City desires to <br />commission the three sculptures at the Sunny Isles Beach Intracoastal Park, hereafter referred to <br />as the "Site"; and <br />WHEREAS, the ARTIST has expressed the ability and desire to create original <br />sculptures entitled "Rain ", "Sea Whisper" and "Converge" to be located at the Sunny Isles Beach <br />Intracoastal Park or other parks (collectively referred to as the "Project' as more particularly <br />described in the Attachment "A "); and <br />WHEREAS, both parties wish to enter into an agreement for the design, construction, <br />and delivery of said Project. <br />NOW THEREFORE, in consideeation of the mutual terms, conditions, promises <br />covenants and payments hereinafter set forth. CITY and ARTIST agree as follows: <br />ARTICLE I <br />DEFINITIONS A- \D IDENTIFICATIONS <br />The definitions and identifications set forth below are assumed to be true and correct and <br />are agreed upon by the parties. <br />1.1 Agreement. This document, and other terms and conditions which are included in the <br />exhibits and documents that are expressly incorporated by reference. <br />1.2 Artist. The individual or business entity selected to perform services pursuant to this <br />Agreement. <br />1.3 City. The City of Stymy Isles Beach, Florida. Unless otherwise provided in the <br />Agreement, where certain approvals and submissions are required from the CITY in this <br />Agreement, those shall be required by the Mayor and_ City Commission of the CITY of <br />Sunny Isles Beach, Florida or the City Manager. <br />1.4 City Manager- Shall mean the Chief Administrative Officer of the CITY. <br />1 <br />REVISED: C1213 -030 Valeria Yamamoto <br />