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AGREEMENT <br />THIS AGREEMENT is made on May 18, 2015 between the City of Elk River, a <br />Minnesota Municipal Corporation ( "CITY "), and Carl Zachman ( "ARTIST "). <br />RECITALS <br />I. The ARTIST has submitted a proposal to the CITY to create a sculpture for the <br />City to be installed by the ARTIST at the Elk River Public Library (the "ART WORK "). A copy <br />of the proposal is attached hereto as Exhibit "A" ( "Proposal "). <br />2. The CITY has accepted the Proposal subject to the terms and conditions of this <br />Agreement. <br />NOW, THEREFORE, in consideration of the mutual promises and undertakings <br />contained herein, the parties agree as follows: <br />Article 1. Scone of Services <br />1.1 General <br />(a) The ARTIST will construct and install the ART WORK in accordance with the <br />Proposal except as modified by the terms of this Agreement. <br />(b) The ARTIST shall perform all services and furnish all supplies, materials, <br />equipment as necessary for the execution, fabrication, transportation, and installation of the ART <br />WORK at the site. <br />(c) The ARTIST shall at all stages of execution, fabrication and installation <br />coordinate its work with the CITY. <br />1.2 Execution of the Work <br />(a) The ARTIST shall complete the fabrication and full installation of the ART <br />WORK by no later than August 30, 2015. Such schedule may be amended by written agreement <br />between the CITY and the ARTIST. <br />(b) The ARTIST shall complete the fabrication and ensure installation of the ART <br />WORK in conformity with the approved Proposal. <br />(c) Upon installation of the ART WORK, the ARTIST shall provide to the CITY <br />detailed written instructions for appropriate maintenance and preservation of the ART WORK. <br />1.3 Final Acceptance <br />(a) The ARTIST shall advise the CITY in writing when all services in Sections 1.2 <br />have been completed in substantial conformity with the Proposal. <br />