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INSURANCE ON FILE WORK MAY PROCEED UNTn INSURANCE EXP;RfS N-2025-228 01 W12-o - CITY CLERK DATL: .SEP 0 9 2025 (60 CITY OF SANTA ANA ARTIST AGREEMENT WITH BRIAN PETERSON ART, INC. TKArA L2 (pz) FOR SAHUAYO SISTER CITY MURAL This Artist Agreement ("Agreement") is made and entered this 25th of August, 2025, by and between the City of Santa Ana, a charter City and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"), and Brian Peterson Art, Inc., a California corporation ("Artist"). City and Artist may herein individually be referred to as a "Party" and collectively be referred to as the "Parties" to the Agreement. RECITALS: A. City desires to engage Artist to render an 20ft x 60ft painted mural ("Artwork") on the wall located on the south-facing exterior of Garage Bl5th & Spurgeon (overlooking Calle Cuatro Plaza) at the City-owned property, 300 E. 5th Street ("Site"). A true and correct copy of Artist's Scope of Work is attached hereto as Exhibit A and incorporated herein by reference. B. In undertaking the performance pursuant to this Agreement, Artist represents they are skilled and knowledgeable in the arts and culture arena and that the Artwork created hereunder will be created in compliance with such standards as may reasonably be expected from an artist. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. Term. This Agreement shall be effective upon the date first written above and expire on July 28, 2026, unless terminated earlier in accordance with this Agreement. The term of this Agreement may be extended upon a writing executed by the City Manager and City Attorney. 2. Funding. 2.1. Subject to Artist's performance of all required actions under this Agreement, City shall provide funding, as detailed below, of an amount not to exceed Twenty-Four Thousand, Seven Hundred, Fifty Dollars and Zero Cents ($24,750.00). 2.2. Artist will be paid in two (2) installments. First payment will be half of the funding amount provided above, or $12,375, and will be provided upon the full execution of the Agreement by the parties and City's receipt of an invoice from Artist, subject to City accounting procedures. The second and final payment will include the remaining amount of$12,375 and will be issued within thirty (30) days after the Artist completes the Artwork and submits to the City all the proper invoices and final report for the Artwork. 2.3, Appropriate performance of the Artwork by Artist will be determined by City in its sole discretion. City reserves the right to cease funding after the first disbursement detailed above, and to be reimbursed the initial payment, if Artist's performance is