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Owner's obligations and liabilities under this Section 6 shall expire three (3) months after the
<br /> Delivery Date,provided it has complied with the terms of this Agreement.
<br /> 7. REMOVAL OR RELOCATION. The City has the right to remove the Artwork from the site
<br /> where it has been installed at any time. The City has the right to relocate or permanently remove the
<br /> Artwork from public display for any reason, in the sole discretion of the City, including, but not limited to,
<br /> hazards to public health, safety or welfare; unsightly or deteriorated conditions of the artwork; or the need
<br /> to access, repair and maintain public facilities. If the City removes the Artwork, then the City has the right
<br /> to store the Artwork, place the Artwork in another suitable City owned property, dispose of, sell or donate
<br /> the Artwork. Owner shall have no obligations or liability in connection with the removal or relocation of
<br /> the Artwork. Upon any such removal or relocation,Owner's obligations under Section 4 and 6 above shall
<br /> be null and void.
<br /> 8. NAME PLATE. Owner shall provide a name plate for the Artwork which shall include the name
<br /> of the Artwork,the name of the Artist and name of the entity that has donated the Artwork. The design of
<br /> the name plate shall be approved by the City. The location of the name plate shall be within the sole
<br /> discretion of the City.
<br /> 9. MAINTENANCE. The City shall have the right to determine when and if repairs and restorations
<br /> to the work will be made. Owner shall provide to City written recommendations for the care,maintenance,
<br /> preservation and handling of the Artwork. City shall, however,have sole discretion to determine when and
<br /> if maintenance is required and the extent of such maintenance. Other than as set forth in this Section 9,
<br /> Owner shall have no obligations or liability in connection with the maintenance of the Artwork.
<br /> 10. REPRODUCTION AND CREDIT. The City may make and distribute,and authorize the making,
<br /> display and distribution of,photographs and other two-dimensional reproductions of the Artwork. The City
<br /> may use such reproductions solely for City-related purpose, including advertising, educational and
<br /> promotional materials,brochures,books,flyers,postcards,print, broadcast,film,electronic and multimedia
<br /> publicity, and catalogues or similar publications. Reproductions by the City shall contain a credit to Artist.
<br /> 11. NOTICES. All notices and other communications required or permitted to be given under this
<br /> Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided
<br /> herein) by certified or registered mail, first class postage prepaid, return receipt requested, addressed to
<br /> such party as follows:
<br /> If to the City: Christopher J.Russo With a copy to:
<br /> City Manager City Attorney Office
<br /> City of Sunny Isles Beach City of Sunny Isles Beach
<br /> 18070 Collins Avenue 18070 Collins Avenue
<br /> Fourth Floor Fourth Floor
<br /> SunnyIsles Beach,Florida 33160 SunnyIsles Beach,Florida 33160
<br /> Tel: (305) 792-1776 Tel: (305) 792-1766
<br /> If to the Owner: PMG-S2 Sunny Isles,LLC
<br /> 1441 Brickell Avenue, Ste 1510
<br /> Miami, Florida 33131
<br /> Attention: Lowell D. Plotkin
<br /> Tel: (305) 384-6712
<br /> 12. INDEMNIFICATION AND WAIVER OF LIABILITY. Subject to the terms, conditions and
<br /> limitations of this Agreement, including, but not limited to, Sections 4,6 and 7 and 9 above, Owner agrees,
<br /> Public Art Donation Agreement 3
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