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ART WORK COMMISSIONING AGREEMENT <br />This Art Work Commissioning Agreement (this "Agreement") is entered into as of June <br />2016 (the "Effective Date"), by and between the City of South Bend, acting by and through <br />its Board of Public Works, of 1300 N. County -City Building, 227 W. Jefferson Blvd., South <br />Bend, Indiana 46601 (the "City") and Harold R. "Tuck" Langland, an Indiana resident, of 12632 <br />Anderson Rd., Granger, Indiana 46530 (the "Artist") (each a "Party," and together the "Parties"). <br />RECITALS <br />A. The City is a municipal corporation existing and operating pursuant to the laws of <br />the State of Indiana. <br />B. The City desires to commission the Artist to create for placement in the City a <br />110% life-size sculpture (the "Work") commemorating the historical event of Fr. Theodore <br />Hesburgh, C.S.C., and Rev. Dr. Martin Luther King, Jr., joining arms at a civil rights rally at <br />Soldier Field in Chicago, Illinois, on June 21, 1964 (the "Event"), and the Artist desires to accept <br />the commission. <br />C. The City, acting by and through the Board of Public Works, has determined that <br />commissioning the Artist on the terms of this Agreement is in the best interests of the residents <br />of the City. <br />NOW, THEREFORE, in consideration of the mutual covenants stated herein, and other <br />good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties <br />agree as follows: <br />ARTICLE 1— SCOPE OF SERVICES <br />1.1 The Work <br />(a) The Work shall consist of a sculpture inspired by the Event. Specifically, the Work <br />will depict Fr. Hesburgh and Dr. King with clasped hands, with their outside hands empty and <br />able to be grasped by visitors to the Work. <br />(b) The Work shall be 110% life-size, or about 79 inches tall, for the Hesburgh figure and <br />appropriately smaller for the King figure. It shall be cast in silicon bronze, the industry standard, <br />with proper interior stainless steel bracing ready for installation. The finish shall be a standard <br />brown patina with industry standard protective coatings. <br />1.2 The Process of Completing the Work <br />(a) The Artist will complete the Work and cause it to be delivered to the City no later <br />than June 16, 2017 (the "Delivery Deadline"), provided that the City meets its obligations under <br />this Agreement in a timely fashion. <br />0 <br />