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<br />AGREEMENT BETWEEN <br />CITY OF SUNNY ISLES BEACH, FLORIDA AND RAFAEL BARRIOS <br />FOR COMMISSIONED ARTWORK <br /> <br />This is an Agreement, made and entered into by and between: CITY OF SUNNY ISLES <br />BEACH, FLORIDA, a political subdivision of the state of Florida, located at 18070 Collins Avenue, <br />Sunny Isles Beach, Florida 33160, hereinafter refelTed to as "CITY," and RAFAEL BARRIOS, with <br />a principal place of business located at 100 Lincoln Road, Suite 1044, Miami Beach, Florida 33139, <br />hereinafter referred to as "ARTIST." <br /> <br />WHEREAS, in accordance with its Art in Public Places Ordinance, the City plans to install a <br />monumental sculpture entitled "Contained Energy" at the Sunny Isles Beach Town Center Park, <br />hereafter referred to as the "Site"; and <br /> <br />WHEREAS, artist Rafael Banios, (the ARTIST), has expressed the ability and desire to <br />create an original sculpture titled "Contained Energy" (to be located at the Sunny Isles Beach Town <br />Center Park); and as a participative virtual form, evoking possibilities and generating a chromatic <br />and volumetric event that modifies visually by distance, displacement and by change oflight through <br />out the day; and <br /> <br />WHEREAS, both parties wish to enter into an agreement for the design, construction, <br />delivery and installation of said Work. <br /> <br />NOW THEREFORE, IN CONSIDERA nON of the mutual terms, conditions, promises, <br />covenants and payments hereinafter set forth, CITY and ARTIST agree as follows: <br /> <br />ARTICLE I <br />DEFINITIONS AND IDENTIFICA nONS <br /> <br />The definitions and identifications set forth below are assumed to be true and correct and are <br />agreed upon by the parties. <br /> <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 /> <br />1.2 Artist. The individual or business entity selected to perform services pursuant to this <br />Agreement. <br /> <br />1.3 City. The City of Sunny Isles Beach, Florida. Unless otherwise provided in the Agreement, <br />where certain approvals and submissions are required from the CITY in this Agreement, <br />those shall be required by the Mayor and City Commission of the CITY of Sunny Isles <br />Beach, Florida or the City Manager. <br /> <br />1.4 City Manager. Shall mean the Chief Administrative Officer of the CITY. <br /> <br />'Fi ,I ,-,.., <br />