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ATTACHMENT 1 <br /> AGREEMENT FOR ART WORK <br /> (Glass Studio Peters Martin Donlin at the Firehouse Arts Center) <br /> THIS AGREEMENT FOR ART WORK "Agreement is made and entered into as of the <br /> 2l day of April, 2009, by and between the CITY OF PLEASANTON, a municipal corporation <br /> "City and Glasmalerei Peters GmbH "Glass Studio Peters <br /> RECITALS <br /> WHEREAS, City desires to commission and acquire two art glass marquees (the "Work <br /> which have been conceived and designed by Martin Donlin (the "Artist to be installed near both <br /> the east and west entrances of the Firehouse Arts Center building in Pleasanton, California (the <br /> "site and <br /> WHEREAS, Artist desires to design the Work and Glass Studio Peters desires to fabricate <br /> the Work; and <br /> WHEREAS, a local agent of Glass Studio Peters will take a field measurement of the two <br /> sides of the Firehouse Arts Center where the Work is to be installed, then Glass Studio Peters (in <br /> consultation with the Artist) will fabricate the Work in Germany and ship the Work to Pleasanton, <br /> where the Work will be installed by W.A. Thomas or its subcontractor in consultation with the <br /> local agent of Glass Studio Peters; and <br /> WHEREAS, the Artist and Glass Studio Peters desire to transfer ownership of the Work to <br /> City and City desires to accept ownership of the Work, upon installation and final acceptance <br /> thereof by City and full payment therefore by City. <br /> NOW, THEREFORE, in exchange for mutual consideration, the parties agree as follows: <br /> 1. COMMISSION FOR WORK BY ARTIST. City hereby commissions the Artist and <br /> the Artist hereby accepts the commission and shall design the Work as generally described in the <br /> attached Exhibit A. The Artist shall coordinate and consult with Glass Studio Peters during Glass <br /> Studio Peters' fabrication of the Work. <br /> 2. GLASS STUDIO PETERS SERVICES. <br /> A. Field Measurement. Glass Studio Peters' local representative shall come to <br /> the Firehouse Arts Center to carry out a field measurement of the portion of the building where <br /> the Work is to be installed, to ensure that the dimensions of this portion of the building as <br /> provided in the drawings from W.A. Thomas' subcontractor are accurate for purposes of <br /> fabrication of the glass marquee. <br /> I) The City has provided Glass Studio Peters' local representative with copies <br /> of W. A. Thomas' subcontractor's drawings of the portion of the building <br /> where the Work is to be installed. The City and the General Contractor will <br /> use their best efforts to regularly update and advise Glass Studio Peter's <br />