TDDA given 10 days to respond to letter
Rosalie Frudakis and Frudakis Studio Inc. have demanded through an attorney that the Tryon Downtown Development Association (TDDA) pay the remaining $55,000 for the Nina Simone sculpture.
King Law Offices in Rutherfordton sent a letter to TDDA on Thursday, Jan. 26 giving TDDA 10 days to respond.
“The Frudakis’ are entitled to, and demand, payment in full of $55,000 immediately,” states the letter, signed by attorney Rustin Duncan. “You must respond to this letter within 10 days or face adverse legal action.”
Sculptor Zeno Frudakis created the Nina Simone sculpture, which is located in the Nina Simone Plaza in downtown Tryon. The sculpture was dedicated in February 2010.
“To date TDDA has paid only $51,000 to Frudakis Studio, leaving a total owed of $55,000,” states Duncan’s letter. “The Frudakis’ have attempted to collect this amount without involving an attorney but have been unsuccessful. The Frudakis’ hope to resolve this matter amicably, but they are prepared to pursue their rights to the fullest extent allowed under the law.”
The contract to create the sculpture was signed on Oct. 8, 2007 by Nina Simone Project Director Dr. Crys Armbrust and Larry Siler, then TDDA treasurer. Underneath Siler’s name in the contract is the word “witness.”
Siler is no longer with the TDDA. Attempts to contact Armbrust to determine whether the Nina Simone Project also received a letter from King Law Offices were unsuccessful as of press time.
Current TDDA members submitted a letter to the editor (see above) that said the TDDA has functioned as an umbrella organization, under which the Nina Simone Project (NSP), directed by its own steering committee, has independently operated.
“The current board members of TDDA inherited the obligation that the NSP committed to in 2007 and are working with the members of the steering committee of the NSP and the Town of Tryon to resolve this issue and honor the remaining obligation,” states the letter.
The contract to create the sculpture stated that payment for the project may be made in three equal payments of $35,333. The contract specified that one-third of the total costs be made at the beginning of the project, which authorized Zenos Frudakis to place a down payment at the foundry for casting. According to the contract, the second one-third of payment was to be made upon approval of the actual size clay model, which would authorize the sculptor to cast the work in bronze, and the final third was to be paid upon completion of the work.
Rosalie Frudakis told the Bulletin in December 2011 that her studio was left owing money for the project and that someone needs to be held accountable for completing payments.
The sculpture was part of the Eunice Waymon-Nina Simone Project, which honors internationally known jazz singer Nina Simone, who was born Eunice Waymon in Tryon. The sculpture was to be paid for through fundraising.
TDDA is asking the public for help in raising the final payments for the sculptor.