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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 />it. 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:
<br />Christopher J. Russo
<br />With a copy to:
<br />City Manager
<br />City Attorney Office
<br />City of Sunny Isles Beach
<br />City of Sunny Isles Beach
<br />18070 Collins Avenue
<br />18070 Collins Avenue
<br />Fourth Floor
<br />Fourth Floor
<br />Sunny Isles Beach, Florida 33160
<br />Sunny Isles Beach, Florida 33160
<br />Tel: (305) 792-1776
<br />Tel: (305) 792-1766
<br />If to the Owner:
<br />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
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