Agenda - 06-16-2009 - 4p - Laserfiche WebLink

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is NORTH CAROLINA ORANGE COUNTY AGREEMENT FOR COMMISSION OF PUBLIC ART WORK THIS AGREEMENT, made and entered by and between ORANGE COUNTY (the "County") and MICHAEL WALLER and LEAH FOUSHEE dba WALLERFOUSHEE STUDIOS, LLC (the "Artist Team") residing at 4508 Saint Mary's Road, Hillsborough, NC 27278, (collectively the "Parties"). WITNESSETH WHEREAS, on November 26, 2008, a Public Art Selection Committee (the "Committee") was convened by the Orange County Arts Commission (the "Commission"), and WHEREAS, the Committee proposed to select Michael Waller and Leah Foushee to design, fabricate, deliver, and install an outdoor sculpture at the new Orange County Public Library, Margaret Lane, Hillsborough, NC (the "Site"), and WHEREAS, the Orange County Arts Commission approved of the recommendation by this artist selection committee, and WHEREAS, on June 16, 2009, after a review of public comments, the Board of County Commissioners approved of Michael Waller and Leah Foushee's design proposal (the "General Design Concept"), NOW, THEREFORE, based upon the mutual promises contained herein and other valid and sufficient consideration, the parties agree as follows: ARTICLE 1. DESIGN DEVELOPMENT a. Artist Team will have a maximum of (30) days after execution of this Agreement to refine and add details to the General Design Concept in collaboration with the Parties and input from the citizens of the Site community, and complete a fully developed design proposal, which shall consist of a project budget, scaled drawings, a written statement describing the concept for the public art, material samples, samples of coatings and finishes, a tentative fabrication and delivery schedule, steps for installing the work at the Site, and maintenance recommendations (the "Fully Developed Design Proposal"). The fabrication and delivery schedule shall provide for progress reports at 50%, and 100% completion of fabrication, include photographs and other images of the public- art, and require delivery to, and installation of the public art at, the Site before the end of April, 2010. b. The Committee and/or the Hillsborough Historic District shall review the Fully Developed Design Proposal by the Artist Team. The Committee and/or the Hillsborough Historic District may either accept the Fully Developed Design Proposal, or request that the Artist Team develop a second proposal within a reasonable timeframe, not exceeding thirty (30) days. c. In the event that a second Fully Developed Design Proposal is not accepted by the Committee and/or the Hillsborough Historic District, the Artist Team and the County will have the option to terminate this Agreement or develop a third design proposal