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SR-12-15-1981-6ENS:NM:sh DEC 1 5 1981 Santa Monica, California, December 3, 1981 TO: Mayor and City Council FROM: City Staff SUBJECT: Contract Amendment - Joslyn Park Mural Background On May 15, 1981 the City entered into a contract with artist Arthur Mortimer for the completion of a mural on the South wall of Joslyn Park. Under the terms of the contract, Mr. Mortimer was given 180 days (six months) to complete the mural, As the deadline drew close, and City staff recognized that the mural would not be completed within the time frame agreed upon, Mr. Mortimer was contacted. In response, the artist requested a ninety (90) day extension of his contract with the City. Recommendation City staff recommends that Council approve the attached amendment to City Contract #3572 and authorize the City Manager to execute same. Prepared by: Nancy McFarland NM:sh Attachment cc: Don Arnett DEC 1 5 1981 AMENDMENT NUMBER 1 TO CONTRACT NUMBER 3572 (CCs This Amendment to Contract Number 3572 (CCS), entered into this day of December, 1981, by and between the CITY OF SANTA MONICA, a municipal corporation (hereinafter "CITY "), and Arthur Mortimer of 144 Fraser Avenue, Santa Monica, California (hereinafter "CONTRACTOR "), is made with reference to the following: R E C I T A L S: A. The CITY and CONTRACTOR entered into Contract Number 3572 (CCS) (hereinafter "Contract ") on May 15, 1981. B. The CITY and CONTRACTOR desire to amend the Contract. NOW, THEREFORE, it is mutually agreed by and between CITY and CONTRACTOR as follows: 1. Section 3 of the Contract is hereby amended to read as follows: The Mural Project shall be completed by Contractor within Two Hundred and Seventy (270) days after execution of the original Contract. Contractor hereby agrees to diligently pursue the completion of the Mural Project; should delays beyond the control of Contractor be encountered, including but not limited to, inclement weather or unavailability of materials, City shall upon written request by Contractor, extend the com- pletion date to correspond with the delays encountered. City shall be the sole judge of reasonable delays and granting of time extensions for project completion; City retains the exclusive right to terminate this Agreement should Contractor fail to complete the Mural Project in a timely manner. 2. Except as expressly modified herein, all other terms and covenants set forth in the Contract shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to Contract to be executed on the day and year first above written. CITY OF SANTA MONICA a municipal corporation By JOHN H. ALSCHULER, JR. City Manager CONTRACTOR: LN APPROVED AS TO FORM: Robert M. Myers City Attorney -2-