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NORTH CAROLINA <br />ORANGE COUNTY <br />3 <br />Fly FIRM <br />4101iiiii 1' f 1 1 1 1 ' I i 1. <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, 2007, 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 Robert and Pearl Seymour Center, 2551 Homestead Road, <br />Chapel Hill, 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. June 3, 2008, after a review of public comments, the Board of County <br />Commissioners approved of 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 December, 2008. <br />b. The Committee shall review the Fully Developed Design Proposal by the Artist. The <br />Committee may either accept the Fully Developed Design Proposal, or request that <br />the Artist develop a second proposal within a reasonable timeframe, not exceeding <br />thirty (30) days. <br />c. In the event that a second Fully Developed Design Proposal is not accepted by the <br />Committee, the Artist and the County will have the option to terminate this <br />Agreement or develop a third design proposal within a reasonable timeframe, not <br />exceeding thirty (30) days. If the Artist or the County chooses to terminate the <br />