HomeMy WebLinkAboutReso 2020-3085RESOLUTION NO. 2020 -
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING A PURCHASE
AGREEMENT WITH BREAKFAST NY FOR THE PURCHASE OF A
HIGH-TECH KINETIC ART INSTALLATION AT THE SUNNY ISLES
BEACH GOVERNMENT CENTER, IN AN AMOUNT NOT TO EXCEED
FORTY-TWO THOUSAND DOLLARS ($42,000.00), ATTACHED
HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO
EXECTUE SAID PURCHASE AGREEMENT AND TO DO ALL THINGS
NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach was desirous of purchasing artwork to be
displayed around the City for the benefit and enjoyment of its citizens and tourists; and
WHEREAS, BREAKFAST NY ("Artist") is a new media artist collective focused on
creating interactive software and hardware driven artworks that engages with its viewers through
a unique kinetic experience; and
WHEREAS, the Artist has provided a Purchase Agreement for an art piece known as
"Seismic Echo" to be displayed at the Sunny Isles Beach Government Center, in an amount not
to exceed Forty -Two Thousand Dollars ($42,000.00).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Purchase. The City Commission hereby approves the purchase of the
artwork from BREAKFAST NY, in an amount not to exceed Forty -Two Thousand Dollars
($42,000.00).
Section 2. Authority of City Manage. The City Manager is hereby authorized execute the
Purchase Agreement and to do all things necessary to effectuate this Resolution.
Section 3. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 16th day of JLO-r2 20.
i
j eorge H. Scholl, Mayor
1
ATTEST:
J, 6X
Maurt io BeliTbr, CMC, City Clerk
82020 Purchase of Artwork from BREAKFAST NY Page 1 of 2
APPROVED AS TO FORM AND
A. Dion, City Attorney
Moved by: (- Seconded by:�/
Vote:
Mayor Scholl ✓ (Yes) (No)
Vice Mayor Svechin—(Yes) (No)
Commissioner Goldman (Yes) (No)
Commissioner Lama %/.(Yes) (No)
Commissioner Viscarra (Yes) (No)
82020 Purchase of Artwork from BREAKFAST NY Page 2 of 2
AGREEMENT OF ORIGINAL TRANSFER OF WORK OF ART
This Purchase Agreement ("Agreement") dated as ot'July 20, 2020 ("Effective Date"), is entered into by and
between BREAKFAST LLC, a New York limited liability company located at 55 Washington Street, Suite 329,
Brooklyn, NY, USA ("Artist") aril City of Sunny Isles Beach, located at 18070 Collins Avenue, Sunny Isles
Beach, 1:133160 ("Collector"), with respect to the sale of an artwork (herein after referred to as "the Work").
WHEREAS, the Artist has created the Work and has full rights, title, and interest therein; and
WHEREAS, the Artist wishes to sell the Work; and
WHEREAS, the Collector has viewed the Work and wishes to purchase it;
NOW THEREFORE, in condition of the foregoing premises and the mutual obligations, covenants, and conditions
hereinafter set forth, and other valuable considerations, the parties hereto agree as follows:
1. Description of the Work. The Artist describes the Work as follows:
Title: Seismic Echo
Size: 34.7 x 51.5 x 3.3 in
Edition: 2 of 8 (could change based upon when order is placed)
Medium: Ftip-Discs; Camera, Computer
Year -Created: 2020
Framing or Mounting: White Painted Wood Frame
Signed by Artist: Yes
2, Sale. The Artist hereby agrees to sell the Work to the Collector. Title shall pass to the Collector at such time as
full payment is received by the Artist pursuant to Paragraph 4 hereof.
3. Price. The Collector agrees to purchase the Work tot' the agreed upon price of 342,000 USD plus all crating and
shipping costs, and shall also pay any applicable sales or transfer taxes,
Unit Cost Quantity Amount:
Flip -Discs Artwork $42,000.00 I $42,000.00
;Shipping and Handling $1,300.00 1 $1,300,00
Crate $600.00 1 $600.00.
Total Cost 543,900.00'
55 WASHINGTON ST -329 breakfasrny.ram
BROOKLYN, NY 11201 911 Alp 117.2
4, Payment. 50% of total sale price plus Gratin; and shipping shall be made in full upon the signing of the
Agreement. An additional 40% shall be paid in full upon the Work being ready to ship out. If the Work is Accepted
by the Collector following the Inspection Period, as defined below, then the Collector shall pay the remaining 10%.
Collector shall have ten (10) days following the delivery of the Work (hereinafter referred to as the "Inspection
Period") to make all inspections Collector may deem necessary. Upon such inspection, Collector shall either accept
the Work ("Acceptance") or reject it. Collector shal I have the right to reject the Work if it is not operable or not in
confbrmance with any term of this Agreement. Transfer of title to Collector of the Work shall not constitute
Collector's Acceptance of the Work. Collector shall provide Artist within the Inspection Period notice of the Work
being rejected. If Collector does not provide Artist with any notice of rejection within the Inspection Period, then
Collector will be deemed to have provided Acceptance of the Work. Collector shall be entitled to return the rejected
Work at Artist's expense and risk of loss for full credit or refund of all amounts paid by Collector to Artist for the
rejected Work. Title to rejected Work that is returned to Artist shall transfer to Artist upon such delivery,
Invoice Date Payment Terns Percentage Amount
Upon signing of this agreement Upon receipt 50% $21,950.00
Upon Release for Shipping Upon receipt 40% $17,560.00:
Upon Collector Acceptance Upon receipt 10%1 $4,390.00.
Total Cost $43,900.00
5. Delivery. The Artist and Collector shall arrange for delivery to the following location: City of Sunny Isles
Beach Government Center located at 18070 Collins Avenue, Sunny Isles Beach, FL 33160 within the given
timeframe of the shipping company. The Artist will ship the work no later than one -hundred and twenty (120)
days from the signing of this Agreement and upon receiving the initial payment. If there is any delay in the
production, the Artist will inform the Collector in writing.
6, Retransfer. If the Collector in any way whatsoever sells, gives, or trades the Work, if it is inherited from the
Collector, or if a third party pays compensation for its destruction, the Collector(or the representative of his estate)
must notify the artist within thirty (30) days.
7. Transferees Bound. If anyone becomes the new owner of the Work, with notice of this contract, that person
shall be bound to all its terms,
8. Copyright and Reproduction. The Artist reserves all reproduction rights, including the right to claim statutory
copyright, in the Work. The Work may not be reproduced in any manner whatsoever r ithout the express, written
consent of the Artist. All approved reproductions shalt bear the following copyright notice: by BREAKFAST 2020,
9. Miscellaneous. This Agreement shall be binding upon the parties hereto, their heirs; successors, assigns, and
personal representatives. This Agreement constitutes the entire understanding between the parties. Its terms can be
modified only by an instrument in writing signed by both parties, A waiver of any breach of any of the provisions of
this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions
hereof. This Agreement and all matters relating to it shall be governed by the laws of [he Country of the United
States and the State of Florida.
SS W'Asr11NGTOV ST =329 hreakfasmy.cmu
BROOKLYN, NY 11201 91.74101122
IN WITNESS WHEREOF, the parties hereto have signed this .=agreement as of the date set Forth above.
City 0 un y Isles Beach BREAKFAST LLC
Signature Signature
Andrew Zolty
Name Name
v �� �—� July 28, 2020
Date
Date
55 WASI]ING'10N ST €329 breakfasrny.com
BROOKLYN, NY 11201 917 410 1122
BREAKFAST LLC
55 Washington Street #329 I_J
Brooklyn, NY 11201
(917) 410-1122
eggs@breakfastny.com
INVOICE
BILL TO
INVOICE
fd065_01
City of Sunny Isles Beach
DATE
07/20/2020
18070 Collins Avenue
TERMS
Due on receipt
Sunny Isles Beach, FI 33160
DUE DATE
07/20/2020
USA
DESCRIPTION
QTY
RATE AMOUNT
Seismic Echo, Edition #3
1
21,950.00 21,950.00
(payment 1 of 3)
Account Name: Breakfast LLC BALANCE DUE
Account Number: 483017214545
Bank Address: Bank of America 29 Broadway New York, NY 10006
Swift Code: BOFAUS3N
Routing Number (Wires): 026009593
Routing Number (ACH): 021000322
Page 1 of 1
$21,950.00