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<br />NORTH CAROLINA <br />ORANGE COUNTY <br />AGREEMENT FOR COMMISSION OF PUBLIC ART WORK <br />!/~ v s-~oo9 <br />lv ~ <br />THIS AGREEMENT, made and entered by and between ORANGE COUNTY (the "County") <br />and WAYNE TRAPP (the "Artist") residing at 427 Russell Beach Road, Vilas, NC 28692, <br />(collectively the "Parties"). <br />WITNESSETH <br />WHEREAS, on November 26, 2008, a Public Art Selection Committee (the "Committee") was <br />convened by the Orange County Arts Commission (the "Commission"), and <br />WHEREAS, the Committee proposed to select Wayne Trapp to design, fabricate, deliver, and <br />install an outdoor sculpture at the new Orange County Public Library, 137 W. Margaret Lane, <br />Hillsborough, NC (the "Site"), and <br />WHEREAS, the Orange County Arts Commission approved of the recommendation by this artist <br />selection committee, and <br />WHEREAS, on November 5, 2009, after a review of public comments, the Board of County <br />Commissioners approved of Wayne Trapp's design proposal (the "General Design Concept"), <br />WHEREAS, on February 3, 2010, the Hillsborough Historic District Commission approved of <br />Wayne Trapp's design proposal (the "General Design Concept"), <br />NOW, THEREFORE, based upon the mutual promises contained herein and other valid and <br />sufficient consideration, the parties agree as follows: <br />ARTICLE 1. DESIGN DEVELOPMENT <br />a. Artist will have a maximum of (30) days after execution of this Agreement to refine <br />and add details to the General Design Concept in collaboration with the Parties and <br />input from the citizens of the Site community, and complete a fully developed design <br />proposal, which shall consist of a project budget, scaled drawings, a written statement <br />describing the concept for the public art, material samples, samples of coatings and <br />finishes, a tentative fabrication and delivery schedule, steps for installing the work at <br />the Site, and maintenance recommendations (the "Fully Developed Design <br />Proposal"). The fabrication and delivery schedule shall provide for progress reports at <br />50%, and 100% completion of fabrication, include photographs and other images of <br />the public art, and require delivery to, and installation of the public art at, the Site <br />before the end of June, 2010. <br />b. The Committee and/or the Hillsborough Historic District shall review the Fully <br />beveloped Design Proposal by the Artist. The Committee and/or the Hillsborough <br />Historic District may either accept the Fully Developed Design Proposal, or request <br />