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REVIEWED-PLN_BLD2021-0617+Scope of Work+4.30.2021_9.44.06_AM+2172858Page 1 of 4 The Mural Works Inc. Proposal/Contract Agreement Date: 4/30/2021 From: The Mural Works, Inc. To: JSH Properties, Inc. Project Name: Salish Crossing Mural Projects Project Location: West facing walls of 190 Sunset, Edmonds WA 98020 Reference: MURAL ONE located on the center, west facing wall section which is directly opposite the entrance to the train station as shown below. Ailewrel to... ` I a� i ,you ae �acleci r�ou1� c%stiKatioK r`x • - CX• �x x r; MURAL TWO located on the west facing, northern most wall section as shown below. 1. Scope of Work Description: The Mural Works Inc. (Muralist) is responsible for the painting of murals (using Novacolor acrylic based paints) in two locations on the Salish Crossing building as stated above. Muralist work will normally occur between the hours of lam to 3pm, weather permitting. JSH Properties, Inc. (Client) is responsible for any preparatory repair work to building wall surface areas at each mural placement. The Muralist will inform the Client of any such need prior to the commencement of the mural project. Client is also responsible for acquiring permission from the owner of the Edmonds Train Station parking lot for use of the property to allow access to the adjacent wall sections. Client will also ensure a clear access path to each work area & and adequate space at the base of each mural location free of obstacles and/or hindrances. 2. Artistic Liberty & Judgement: It is understood and agreed that the Muralist is free to use their best aesthetic judgment to create the murals according to the style and intent of the design. Muralist is free to make design modifications as the murals progress as needed to ensure the most accurate rendition of the artwork as intended by the original design. 3. Payment Schedule & Terms: The Mural Works Inc. shall provide the above services completed as outlined on a fixed fee basis. MURAL ONE $9,000 plus tax, materials and equipment rental costs if any. The Client agrees to make payment to The Mural Works Inc., according to the following schedule: Payment 01: Initial Deposit for one of a kind custom work on or before day one of the mural project: $4,500 Payment 02: Final Payment: Balance of contract amount shall be invoiced upon completion - payment due net 14 days from date of invoice. $4,500 + tax on $9,000, material costs and equipment rental costs if any. The Mural Works Inc. shall provide the above services completed as outlined on a fixed fee basis. MURAL TWO $20,000 plus tax, materials and equipment rental costs if any. The Client agrees to make payment to The Mural Works Inc., according to the following schedule: Payment 01: Initial Deposit for one of a kind custom work on or before day one of the mural project: $10,000 Payment 02: Final Payment: Balance of contract amount shall be invoiced upon completion - payment due net 14 days from date of invoice. $10,000 + tax on $20,000, material costs and equipment rental costs if any. Note: In the event the Client fails to make payments when due, interest at the rate of three percent (3%) per month shall be assessed against the unpaid balance due. It is understood that delay of the initial deposit may proportionally extend the start time and therefore the overall time required to complete the mural. Page 3 of 4 4. Schedule: The murals will be completed on a mutually agreed upon schedule. The Muralist will make every effort to honor and meet any deadlines that are set. It is agreed, however, that any deadline is an estimate and is subject to weather conditions and other delays and which are beyond the control of the Muralist. The Muralist will immediately notify the Client of any delay occurring or anticipated. In the event the Muralist. is unable to finish the mural for any reason, the Muralist shall be liable for no special, general, or consequential damages, but shall return all payments received unless the agreement has been terminated as provided below. 5. Expectation of quality. The Client has the expectation of quality of work and that the mural will closely resemble the design which has been agreed upon. The Mural Works, Inc. warrants the work against peeling and fading for 10 years unless caused by a failure of the underlying paint or causes other than the normal life expectancy of the materials specified in this Agreement (e.g. vandalism, graffiti etc.). The Mural Works, Inc. takes no responsibility for the quality or longevity of the exterior paint which has already been applied to the building prior to the commencement of the mural. The Mural Works, Inc. will not be liable for the failure or degeneration of the existing paint layer or the substrate or for the subsequent costs of repair due to such failure. If repairs are needed to the mural then the client will inform The Mural Works, Inc. of the need for repairs and will allow The Mural Works, Inc. an opportunity to perform those repairs at an agreed upon cost. 6. Termination: This agreement may be terminated with 10 days written notice by either Client or Muralist. In event of termination, Muralist shall make a reasonable attempt to finish work in progress. If the contract is terminated for just cause, client agrees that Muralist will be paid for work completed to date and any expenses incurred up to the termination date. 7. Change Orders: Any requests by the Client which result in changes to the design, scale, or the addition of details or artwork, or addition of extra pieces of artwork to that stated in this contract proposal will be bid separately. Upon Client request a bid for the additional work will be presented to the Client for approval before additional work commences. No additional work shall commence without Client written approval. 8. Standard Conditions: Standard Lien. All materials and work performed, may be retained as security until all just claims against Client are satisfied. Standard Indemnification/Release of Liability. Client shall indemnify, defend and save Muralist (Service Provider) harmless from any and all suits, costs, damages or proceedings, including, but not limited to, Service Provider's services, pertaining to any and all litigation in which the Client is a party. Client shall pay all expenses incurred by Service Provider including, but not limited to, all attorneys' fees, costs and expenses incurred should Service Provider be named a party in any litigation to which Client is a party. Client shall further indemnify and hold harmless Service Provider and its agents, officers and directors from liability for any and all claims, costs, suits and damages, including attorneys' fees arising directly or indirectly out of or in connection with the operation of Client, and from liability for injuries suffered by any person relating to the Client. Page 4 of 4 9. Transfer of the mural. It is hereby stated and acknowledged that The Mural Works, Inc. retains all rights and title to the mural until final payment has been received at which point the mural shall become the sole and exclusive property of the Client. Client shall display the artist's signature on the Work and credit the artist and Mural Works in all communications relating to the Work. The Mural Works, Inc. retains the perpetual right and license to use images of the murals for the purpose of advertising, marketing and publicity. Contract Approval: By signing this Agreement, the Client has retained The Mural Works Inc. to proceed with the requested services, and agrees to the terms and conditions as set forth in this Agreement: Date: 4/ 30 / 21 By:( Authorized Signature) Title: VP of Property Management On Behalf of (name of business or entity): JSH Properties Inc Client Billing Address: 509 Olive Way Suite 1011 Seattle WA 98101 To initiate contract please sign this agreement and send to/email to The Mural Works Inc. Address: 904 6' Ave S. Edmonds WA 98020 206 579 3211 ajeccleshall@gmail.com If you have any questions about this proposal contract please don't hesitate to call. Thank you and we look forward to the successful completion of this project.