5. 12/19/2001 Agreement
BAILMENT AGREEMENT
This agreement made this /tjI! day of b~k1'l?~ ~, 2001, between the
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (BOCC) and
the KEY WEST ART & HISTORICAL SOCIETY, me. (KW AHS).
WHEREAS, BOCC & KW AHS previously had a Bailment Agreement covering two (2)
Mario Sanchez woodcarvings; and those agreements having terminated; and
WHEREAS, it is desired to continue the Bailment for one additional year until the BOCC
and/or its designated advisory body can consider possible relocation of the woodcarvings for
display; now therefore it is agreed as follows:
1. This agreement covers two (2) Mario Sanchez woodcarvings, "Daily Goose
Walk" and "Yellowtails and Grunts", to be bailed by the BOCC to KWAHS.
2. The term of this agreement begins on the date first above written and ends one
year thereafter.
3. This agreement may be terminated earlier by either party, but if the BOCC is the
terminating party, the BOCC shall give to KW AHS thirty (30) days prior written
notice during which time KW AHS shall return possession of the woodcarvings to
the BOCe.
4. KW AHS shall display the woodcarvings properly in its art gallery known as the
East Martello Museum or in the Key West Museum of Art & History at the
Custom House (hereinafter "the Galleries"), at a temperature of 700 Fahrenheit
and a humidity of 55%. KW AHS assumes all risks of loss and damage to the
woodcarvings and shall return them to the BOCC in the same appearance and
condition as when received.
5. KW AHS shall not remove the woodcarvings from the Galleries without the
BOCC's prior written consent.
6. At all times during KW AHS business hours, the BOCC or its designated
representative shall have the right to enter the Museum for the purpose of
inspecting the woodcarvings.
7. KW AHS shall obtain and maintain at all times during the term of this agreement
fire, flood, vandalism, malicious mischief, burglary and theft insurance, naming
the BOCC as the beneficiary, in the amount of $20,000 per carving. Evidence
satisfactory to the BOCC that such insurance is in effect shall be furnished to the
BOCC within ten (10) days after the effective date of this agreement. Not
withstanding anything contained in Paragraph 3 above, failure to provide such
evidence shall cause this agreement to be void and shall entitle the BOCC to the
immediate return of the woodcarvings.
IN WITNESS WHEREOF, each party has caused this agreement to be executed on the
Y L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
:: MONROE CO~Y' FLORIDA
Ma or. hairman
KEY WEST ART & HISTORICAL
SOCIETY
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Director
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