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OLIVER PLOW MEMORIAL <br />SCULPTURE AGREEMENT <br />Ir <br />This Agreement is made effective then day of G'i , 2010, by and <br />between the South Bend Department Redevelopment, acting by and through its <br />Redevelopment Commission, having its offices at 1200 County -City Building, 227 W. <br />Jefferson Blvd., South Bend, Indiana 46601 (the "City ") and TUCK LANGLAND <br />( "Sculptor"), a resident of St. Joseph County, Indiana. <br />WITNESSETH <br />WHEREAS, the City desires to retain the services of Sculptor specifically to create a <br />bronze memorial sculpture of James Oliver and plow (the "Oliver Plow Memorial ") for <br />display at or near the former Oliver Plow site (the "Display Site") in the City of South Bend; <br />and <br />WHEREAS, the Sculptor has agreed to sculpt and cast the desired Oliver Plow <br />Memorial. <br />NOW, THEREFORE, in consideration of the mutual covenants and agreements set <br />forth below, the parties covenant and agree as follows: <br />Section 1. Services. <br />The Sculptor agrees to sculpt, cast and deliver a silicon bronze memorial sculpture in <br />accordance with the "Concept for Oliver Plow Memorial" (attached hereto as "Exhibit A7). <br />The schedule shall be as follows: <br />October 15, 2010 Agreement execution <br />January 15, 2011 Inspect the model in clay <br />May 15, 2011 Approval of the full size sculptures in clay <br />October 15, 2011 Sculptures will be delivered (contingent upon the foundry's <br />schedule) <br />Section 2. Consideration. <br />A. Fees. <br />The City agrees to pay Sculptor the sum of One Hundred Thirty Five <br />Thousand Dollars ($135,000.00) for artistic services rendered under <br />Section 1 of this Agreement. <br />2. Sculptor shall submit a request for payment for artistic services rendered upon <br />the following: <br />a. Forty Five Thousand Dollars ($45,000.00) at the time of execution of this <br />Agreement; <br />- 1 - <br />0 <br />