Group Title: Historic St. Augustine: B8-L4 Hispanic Garden
Title: [Email to Bill Adams re waiver of liability]
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Permanent Link: http://ufdc.ufl.edu/UF00091358/00014
 Material Information
Title: Email to Bill Adams re waiver of liability
Series Title: Historic St. Augustine: B8-L4 Hispanic Garden
Physical Description: Correspondence
Language: English
Creator: York, Gerard
Publication Date: 2003
 Subjects
Subject: Saint Augustine (Fla.)
97 Saint George Street (Saint Augustine, Fla.)
Hispanic Garden (Saint Augustine, Fla.)
Spatial Coverage: North America -- United States of America -- Florida -- Saint Johns -- Saint Augustine -- 97 Saint George Street
Coordinates: 29.894996 x -81.312832
 Record Information
Bibliographic ID: UF00091358
Volume ID: VID00014
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution.
Resource Identifier: B8-L4

Full Text
Page 1 of 2


Bill Adams

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.

-----Original Message-----
From: Bill Adams [mailto:hpht@aug.com]
Sent: Tuesday, February 25, 2003 2:11 PM
To: York, Gerard
Cc: dgregory@mail.dos.state.fl.us
Subject: Waiver of liability

February 25, 2003

TO: Gerry York

FROM: Bill Adams

RE: waiver of liability


Dear Gerry:

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


2/25/03




Page 2 of 2


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
enter it.
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
restored.

Bill Adams


2/25/03




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