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<br /> AGREEMENT FOR STATUE HONORING MIKE JORDAN
<br /> THIS AGREEMENT made and entered into on this , day of.1UN(2005, by and among the CITY
<br /> OF EVERETT, a municipal corporation under the laws of the State of Washington, Kevin Pettelle, whose
<br /> address is PO Box 777 Sultan, WA 98294 and Everett Performing Arts, a Washington non-profit
<br /> corporation a/k/a ArtsUnited, 1604 Hewitt Ave., Ste. 601, Everett, Washington, 98201.
<br /> WHEREAS,the City desires a life-size bronze memorial statue of Mike Jordan to celebrate his
<br /> accomplishments and contributions to the Everett community; and
<br /> WHEREAS,ArtsUnited obtained sufficient contributions to pay for the statue and wishes to donate the
<br /> statue to the City; and
<br /> WHEREAS, Pettelle is willing to create such Statue;
<br /> NOW, THEREFORE, the parties herein do mutually agree as follows:
<br /> 1. Creation of Statue. Pettelle will design and create a life-size bronze memorial bronze statue of
<br /> Mike Jordan that captures both the physical likeness and the authenticity of character to the specifications
<br /> described in Exhibit A in a competent and professional manner and to provide any other services or goods
<br /> described therein. Without a written directive of an authorized representative of the City, Pettelle shall not
<br /> perform any services that are in addition to, or beyond the scope of,the Statue. The Statue is subject to
<br /> review, acceptance and approval of the City at its sole option and discretion.
<br /> 2. Ownership. Upon completion and acceptance by the City,the Statue shall be and remain for all
<br /> purposes the property of the City. Pettelle shall own any and all copyrights in the Statue. For non-
<br /> commercial or nonprofit purposes, including,but not limited, education, public relations, arts promotion,
<br /> and publicity,Pettelle hereby grants the City an irrevocable, non-transferable, non-assignable license in
<br /> perpetuity to reproduce the Statue in two dimensions, electronically, graphically or otherwise, including,
<br /> but not limited to,the artwork proposal and all preliminary studies, models and maquettes. Pettelle does not
<br /> authorize the City to create three-dimensional replicas or to recast the Statue, except as otherwise expressly
<br /> provided in this Agreement. Each such reproduction, whether by the City or by a third party authorized by
<br /> the City, shall clearly and legibly identify Pettelle as the creator of the Statue, and preliminary studies,
<br /> models and models shall not be identified or represented to be the fmished Statue. Pettelle also agrees that
<br /> reproductions of the Statue Pettelle makes or causes to be made for purposes of publicizing Pettelle shall
<br /> identify the installation of the Statue as part of the City of Everett, Washington Public Art Collection.
<br /> Pettelle also grants the City an irrevocable,non-transferable, non-assignable license to reproduce the Statue
<br /> in whole or in part for the purposes of repairing the Statue or replacing part of the Statue if the Statue is
<br /> damaged.
<br /> 3. Representation and Warrant. Pettelle expressly represents and warrants that the Statue shall be
<br /> original and shall not infringe on another's copyright, or rights in trade or service marks. Pettelle agrees to
<br /> defend and indemnify City from any and all claims and damages arising out of this Agreement or the Statue
<br /> created hereunder.
<br /> 4. Time of Beginning and Completion of Performance. This Agreement shall commence as of the date
<br /> of execution of this Agreement and shall be completed by December 31', 2005.
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