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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947 -0606 phone (305) 949 -3113 Fax <br />ARTICLE 4 <br />COMPENSATION <br />4.1 CITY agrees to pay ARTIST the total amount of Sixty Five Thousand Dollars <br />($65,000.00) for the Project that is actually performed, completed and accepted pursuant <br />to this Agreement, which amount shall be the sutra total accepted by ARTIST as full <br />compensation for the Project. No amount shall be paid to ARTIST for reimbursable <br />expenses. <br />4.2 The total compensation from the City to ARTIST shall be paid in installment payments. <br />The first installment payment shall be in the amount of $20,000.00 (twenty thousand <br />dollars) and shall be due and payable upon execution of this Agreement by both parties. <br />The second installment payment shall be in the amount of $25,000.00 (twenty five <br />thousand dollars) and shall be due and payable upon completion of two of the Sculptures <br />in the Project Sea Whisper and Rain. The third and final installment payment shall be <br />for 520,000.00 (twenty thousand dollars) and shall be due and payable upon acceptance <br />and delivery of the third and final piece of the Project, Converge. <br />4.3 Payment shall be made to ARTIST at the business address provided by the ARTIST. <br />ARTICLE 5 <br />CHANGES IN SCOPE OF SERVICES <br />5.1 Any change to the scope of services under this Agreement must be accomplished by a <br />written amendment, fully executed by both parties. <br />5.2 The ARTIST shall, whenever required during the term of this Agreement, present to <br />Contract Administrator, in writing, drawing or other appropriate media, for further review <br />and approval, any significant changes in the scope, design, color, size, material, utility <br />and support requirements, texture, or location of the site or of the Project. A significant <br />change is any change that affects the size, quality, scheduling, site preparation or <br />maintenance of the Project, or the concept of the Project as represented in the original <br />approved design. <br />ARTICLE 6 <br />ARTIST'S WARRANTIES <br />6.1 The ARTIST warrants that (a) the Project being commissioned is the original product of <br />the ARTIST'S own creative efforts; and (b) unless otherwise stipulated, the Project is <br />original, or in other words, an edition of one (1). Notwithstanding any models, or other <br />sized Sculpture of the same design. <br />6.2 The ARTIST warrants that reasonable maintenance of the Project will not require any <br />extraordinary procedures, just washing approximately twice a year, using recognized <br />4 <br />REVISED: C1213 -030 Vateria Yamamoto <br />