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From: York, Gerard
To: 'Bill Adams'
Cc: Gregory, David ; Matthews, Jan
Sent: Tuesday, February 25, 2003 2:25 PM
Subject: RE: Waiver of liability
I am unsure the Division of Historical Resources can be of any assistance
here. We don't operate the premises -- a private foundation does --and the
Department of State would, in any event, have no authority to indemnify
either the City or the Foundation for any negligence.
I am copying Jan Matthews in case she has any ideas.
From: Bill Adams [mailto:firstname.lastname@example.org]
Sent: Tuesday, February 25, 2003 2:11 PM
To: York, Gerard
Subject: Waiver of liability
February 25, 2003
TO: Gerry York
FROM: Bill Adams
RE: waiver of liability
Among the 1,300 or so items in the materials collection in St.
Augustine that remain the property of the State of Florida is a 3-foot tall
bronze statue of Queen Isbella that was donated to the State in 1966 by
sculptress Anna Hyatt Huntington. Its purpose was to serve as the
centerpiece for a Spanish garden (called here the Hispanic Garden), a
half-block open space within the Restoration Area. The grounds of the
garden belong to the St. Augustine Foundation, a private not-for-profit
foundation now under the control of Flagler College.
This department of the City, which has custody of the
collections under the terms of the lease with the State, removed
the statue from the garden three years ago for two reasons: (1)
The Foundation had closed the garden for renovation of the
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grounds and for archaeological examination; and (2) the
statue needed cleaning and repair, after thirty-five years
exposure to the elements. A private donor paid for the expense
of cleaning and repair.
The Foundation refuses to permit the return of the statue to its
pedestal at the garden's center without a waiver of liability from the State.
The garden is now secure from public access. Wrought iron gates have
been installed to prohibit public entry and a concrete block wall surrounds
the garden. People can look at the garden from the street, but cannot
The statue undoubtedly has value. Its cost in 1966, when it
was created, was estimated at $10,000. Given its authorship, it
very probably is now many times that figure.
Is there any precedent for a waiver of that kind? The City
cannot waive responsibility, since it does not own the statue.
I'd appreciate some sort of answer, since there are a number
of people in the community who want to see Queesn Isabella