HomeMy WebLinkAboutA24-05 Public Art Work - Railroad - Jim TraskI
AGREEMENT FOR COMMISSION OF PUBLIC ART WOR K
THIS AGREEMENT is entered into this 211day of April, 2005, by and betwee n
the City of San Luis Obispo, a charter city and municipal corporation (hereinafte r
the "City"), and Jim Trask (hereinafter the "Artist").
RECITAL S
WHEREAS,on October 20, 2004, the City requested proposals for th e
design and fabrication of artwork in accordance with the specifications in th e
proposal package dated October 20, 2004 for Southern Pacific Freigh t
Warehouse Round-about ; an d
WHEREAS,the Artist's proposal was reviewed and approved by th e
Public Art Jury, the Cultural Heritage Committee, and the Architectural Revie w
Commission in accordance with Resolution No . 6811 ; an d
WHEREAS,on April 5, 2005, the City Council approved of the Artist's
proposal recommended by the Public Art Jury, the Cultural Heritage Committee ,
and the Architectural Review Commission ; an d
WHEREAS,the Artist is a recognized professional artist, and the Cit y
acknowledges sufficient familiarity with the style and quality of the Artist's work ,
and ; the City desires the Artist to create an original work of art entitled "Icons o f
an Era" ("the Work") for location at the Southern Pacific Freight Warehous e
Round-about, 1940 Santa Barbara Street, San Luis Obispo, CA ("the Site"). Th e
Artist's concept design ("the Proposal" which shall be attached as Exhibit "A"),
has been reviewed and approved by the City .
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Y-6s'
NOW, THEREFORE,the City and the Artist, for the consideration an d
under the conditions hereinafter set forth, agree as follows :
ARTICLE 1 : SCOPE OF SERVICE S
1-1 GENERAL
(a) The Artist shall perform all services and furnish all supplies ,
materials, artist and agent travel, and equipment as necessary for th e
design, execution, fabrication, transportation, and installation of the Wor k
at the Site, and in accordance with the terms in this Agreement .
1-2 REVIEW OF THE PROPOSA L
(a) The Artist or designee has prepared and submitted to the Cit y
artwork specifications and presentation drawings of the Work in elevatio n
and plans, containing the following items, which shall be the "Proposal".
One copy of a written description and technica l
specifications of the Work including the following information :
•A professional resume ;
•References ;
•Approach to project ;
•Graphic rendering ;
•Estimated budget;
•Maintenance and Conservation Form;
•Work plan and Production Schedule ;
•Proposed list of subcontractors (those known to date);
•Other information about the Work as may b e
reasonably required by the City in order to certify th e
compliance of the Work with applicable statutes an d
ordinances . Said exhibits will become the property o f
the City upon submission by the Artist . Upon reques t
by Artist, the City shall promptly furnish all availabl e
exhibits in connection with said submission at th e
artist's expense.
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(b)Upon approval by the City Council and written direction to mov e
forward, the Artist shall commence with fabrication, transportation, an d
installation of the Work at the Site .
(c)The City may require the Artist to make such revisions to th e
proposed Work as are necessary for the Work to comply with applicabl e
statutes, ordinances, or regulations governing the project .
(d)The City may require revisions of the Work for practical (non -
aesthetic) reasons .
(e)The Artist fee may be equitably adjusted for any increase o r
decrease in the Artist's cost of, or time required for, performance of an y
revisions pursuant to this Section 1-2 . Any claim of the Artist fo r
adjustment under this paragraph must be presented to the City in writin g
within thirty (30) days after the date of the revision by the Artist .
(f)Within thirty (30) days after receipt of the Artist's revisions, pursuan t
to this Section 1-2, the City shall notify the Artist of its approval o r
disapproval of such revisions . The City may require the Artist to submi t
additional revisions until such revisions are accepted by the City .
Revisions made and accepted by the City pursuant to this Section 1-2
become a part of the final design, technical specifications and fabricatio n
and installation schedule of the Work, which shall be attached to thi s
Agreement as Exhibit "B".
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1-3 EXECUTION OF THE WOR K
(a)Pursuant to Section 1-2 above, the Artist shall commenc e
fabrication of the Work, in accordance with such schedules . Although th e
schedule may be amended by written agreement between the City and th e
Artist, it is agreed that the Artist shall perform all of the obligations unde r
this contract on or before June 30 .2005 .
(b)The City shall have the right to review the Work at reasonable time s
during the fabrication . The Artist shall submit to the City progress report s
in accordance with the schedule required by Section 1-2 .
(c)The Artist shall complete the fabrication and installation of the Wor k
in substantial conformity with the approved Proposal .
(d)The Artist shall present to the City, in writing, for further review, an y
"significant changes" in the scope, design, color, size, material, or textur e
of the Work not permitted by or not in substantial conformity with th e
Proposal . A "significant change" is :
i.Any material change in the scope, design, color, size ,
material, texture, or location of the Work on the Site ;
ii.Any material change in the Work that affects installation ,
scheduling, site preparation, or maintenance for the Work ; o r
iii.Any change in the concept of the Work as represented in th e
accepted proposal .
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(e) If changes reviewed by the City are not approved, the Artist will no t
resume the Work nor resume the payment schedule until changes to th e
Work are reviewed and approved by the City .
1-4 DELIVERY AND INSTALLATIO N
(a)Prior to commencement of work at the Site, the Artist shall notif y
the City of schedules for installation . The Artist shall be responsible for al l
expenses and labor .
(b)Prior to delivery of the Work, the Artist shall notify the City in writin g
when fabrication of the Work is completed and the Artist is ready fo r
delivery of the Work to the Site .
(c)The Artist shall provide for completion of the Work in complianc e
with appropriate codes and the approved schedule .
1-5 POST INSTALLATIO N
(a) Within thirty (30) days after the installation of the Work, the Artis t
shall furnish the City with the following documentation of the Work a s
installed :
One set of digital photographs of the completed Work, on e
taken from each of three different view points ;
ii.The City shall have the right to duplicate and distribute fo r
any noncommercial purpose the artwork documentatio n
supplied by the Artist under this Agreement ;
iii.The Artist shall be available at such time or times as may b e
agreed between City and Artist to attend any inauguration o r
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dedication ceremonies relating to the transfer of The Work t o
the City . The City shall use its best efforts to arrange fo r
publicity for the completed work in such art publications an d
otherwise as may be determined between the City and th e
Artist as soon as is practical following installation .
(b) Upon execution of the Agreement, the Artist shall provide the Cit y
with written instructions for appropriate maintenance and preservation o f
the Work .
1-6 FINAL ACCEPTANC E
(a)The Artist shall advise the City in writing when all services require d
under this Agreement have been completed in substantial conformity wit h
this Agreement .
(b)The City shall notify the Artist in writing of the final acceptance (o r
nonacceptance) of the Work .
(c)Final acceptance shall be effective as of the earlier of the followin g
dates :
The date of the City's notice of final acceptance ; o r
ii . The 30th day after the Artist has sent written notice to th e
City required under Section 1-6(a) unless the City, upo n
receipt of such 30-day notice and prior to the expiration o f
the 30-day period, gives the Artist written notice specifyin g
and describing the services, which have not bee n
completed .
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1-7 RISK OF LOSS
The risk of loss or damage to the Work shall be borne by the Artist until fina l
acceptance, and the Artist shall take such measures as are necessary to protec t
the Work from loss or damages until final acceptance .
1-8 INDEMNIT Y
Upon final acceptance of the Work, the Artist shall indemnify and hold the Cit y
and its elected officials, employees, and/or agents harmless from any and al l
claims or liabilities then existing or arising thereafter from the Artist's negligenc e
or willful misconduct in connection with the Work .
1-9 TITLE, ASSIGNMENT OF ROYALTY RIGHTS, AND WAIVE R
(a)Title to the Work shall pass to the City upon final acceptance . Th e
Artist hereby assigns the right to collect any royalty payment provided b y
Civil Code section 986(a) to the City and to the City's assigns .
(b)Except as expressly provided below, the City shall not intentionall y
damage, alter, modify, or change the Work without the prior writte n
consent of the Artist .
(c)The Artist acknowledges and agrees that the City may require th e
Site for purposes other than the display of the Work . The City agrees that
it will notify the Artist of any proposed alteration of the Site that woul d
require the removal or relocation of the Work or affect the intende d
character and appearance of the Work and will consult with the Artist i n
the planning and execution of any such removal, relocation, or alteratio n
and will make a reasonable effort to maintain the integrity of the Work .
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(d)The Artist acknowledges and agrees that the City retains the righ t
to relocate or remove the Work from public display for any reason, at th e
sole discretion of the City . Reasons for removing the Work from publi c
display shall include, but not be limited to : hazards to public health, safet y
or welfare ; unsightly or deteriorated conditions of the Work ; or the need t o
access, repair and maintain public facilities .
(e)Except as provided above, the Artist expressly waives, for himsel f
and his successors in interest, to the greatest extent allowed by law, an y
rights he or she may have under California Civil Code sections 986, 987 ,
988 and 989 .
ARTICLE 2 : COMPENSATION AND PAYMENT SCHEDUL E
2-1 AGREEMENT AMOUNT AND PAYMEN T
(a) The City shall pay the Artist an amount not to exceed $ 24,000 ,
which will constitute full compensation and payment for all services to b e
performed under this Agreement including execution, fabrication, artis t
and/or agent travel, transportation, and installation . Payment shall b e
made in accordance with Schedule included in Proposal .
Commencement of Fabricatio n
Twenty-five percent (25%)($6,000)of the payment upo n
execution of Agreement .
Midpoint of Agreemen t
Fifty percent (50%) ($12,000) of the payment upon completio n
of 50% of the work as determined by the Public Art Coordinator .
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Final Acceptanc e
Twenty-five percent (25%) ($6,000) of the payment upo n
completion of all outstanding work and review and acceptance o f
Work by the City .
(b)All requests for payment shall be submitted to the Public Ar t
Coordinator in writing for review and approval and must be accompanie d
by a detailed invoice and original receipts and other documentation a s
required by the Public Art Coordinator supporting work completed .
(c)Payment shall be issued within 30 days of approval of detaile d
invoices and requests for payment by the Public Art Coordinator .
2-2 ARTIST'S EXPENSE S
The Artist shall be the responsible party for all mailing or shipping charge s
on submissions to the City, and the costs of all travel by the Artist and th e
Artist's agents and employees necessary for the proper performance o f
the services required under this Agreement .
ARTICLE 3 : WARRANTIES
3-1 WARRANTIES OF TITL E
The Artist represents and warrants that :
(a)The Work is solely the result of artistic effort of the Artist ;
(b)Except as otherwise disclosed in writing to the City, the Work i s
unique and original and does not infringe upon any copyright ;
(c)That the Work, or a duplicate thereof, has not been accepted fo r
sale elsewhere ; and
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(d)The Work is free and clear of any liens or claims from any source
whatsoever.
3-2 WARRANTIES OF QUALITY AND CONDITIO N
The Artist represents and warrants that :
(a)The execution and fabrication of the Work will be performed in a
professional manner (expert, qualified, skilled);
(b)The Work, as fabricated and installed, will be free from defects i n
material (except such defects as are normally present and unavoidable i n
natural materials and outlined in Proposal) and workmanship, includin g
any defects or qualities which cause or accelerate deterioration of th e
Work ; an d
(c)Reasonable maintenance of the Work will not require procedures
substantially in excess of those described in the maintenanc e
recommendations by the Artist to the City ;
(d)The warranties described in this Section 3-2 shall survive for a
period of one (1) year after final acceptance of the Work . The City shal l
give notice to the Artist of any observed breach with reasonabl e
promptness . The Artist shall, at the instruction of the City, and at no cos t
to the City, cure reasonably and promptly the breach of any such warrant y
which is curable by the Artist and which cure is consistent wit h
professional standards, including for example, cure by means of repair o r
refabrication of the Work as determined by the City .
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3-3 WARRANTIES OF WOR K
The Artist represents and warrants that :
(a)The Work will not substantially vary or deviate from the City approve d
Work without the prior written consent of the City .
(b)The Work will not include any hidden, subliminal or camouflage d
messages or statements of any kind or nature .
ARTICLE 4 : INSURANC E
4-1 GENERAL Before commencement of any work at the site, the Artis t
shall apply for and must receive approval for an Encroachmen t
Permit from the Department of Public Works . The permit require s
execution of a Hold Harmless Agreement and an Agreement t o
provide insurance for the duration of the work performed .Th e
insurance specifications required in a standard Encroachment Permi t
include general liability insurance with a $1,000,000 combined single limit ,
and an endorsement adding the City, its agents, officers, and employee s
as additional insured . If the artist is using a vehicle for delivery an d
installation, automobile liability insurance is required and, if the artist ha s
additional workers directly employed, Workers Compensation insurance i s
required at the statutory limits .The Encroachment Permit applicatio n
provides additional details .The Artist shall not commence work unde r
this Contract until the Artist has secured all insurance required under thi s
section, and provided written proof to the City, nor shall the Artist allo w
any subcontractor to commence work on any subcontract until all simila r
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insurance required of the subcontractor has been obtained and submitte d
to the City in writing .
ARTICLE 5 : COPYRIGH T
5-1 Copyright in the Work and related design, drawings, sketches, and model s
will be owned by the Artist until acceptance of the Artist's Work by the Cit y
pursuant to Section 1-6 hereof . Notwithstanding the foregoing, the Artist
agrees not to make use of such copyright in the Work for any purpos e
other than the performance by the Artist of the Artist's obligations unde r
this Artwork Agreement, without the written consent of the City . Upo n
acceptance of the Artist's Work pursuant to Section 1–6 hereof, copyrigh t
in the Work will be owned jointly by the City and the Artist and no furthe r
use of the copyright will be made by the Artist or the City without th e
written consent of the other, which consent will not be unreasonabl y
withheld .
5-2 The Artist certifies that the Artwork is a unique work of art especiall y
designed for the City, and shall not duplicate or reproduce the Work no r
shall the Artist permit others to do so except with the written permission of
the City .
5-3 The City has the right to reproduce and distribute in printed form and o n
commercial documents and or brochures or any other literature of the Cit y
describing or dealing with its real estate holdings, photographs, realisti c
renderings, videotapes, or films of the Work . Such reproductions and us e
of the images of the Work for promotional purposes shall not constitute a
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breach of copyright and no royalty shall be due and payable by the City to
the Artist for such use .
5-4 CREDIT TO THE ARTIS T
All reproductions of the Work by the City shall contain a credit to the Artist .
5-5 CREDIT TO THE CITY
The Artist shall use his best effort to give a credit in any public showin g
under the Artist's control of illustrations of the Work as follows : "An
original work owned and commissioned by the City of San Luis Obispo ,
California ."
ARTICLE 6 : ARTIST'S RIGHT S
6-1 MAINTENANC E
The City shall reasonably protect and maintain the Work against th e
ravages of time, vandalism, and the elements, in accord with the
instructions of the Artist provided under Section 1-5(b).
6-2 ARTIST REPRODUCTION RIGHT S
Pursuant to Article 5, Section 5-1, the City agrees that the Artist shall hav e
the right to reproduce and distribute in printed form and on non -
commercial educational materials and brochures advertising or promotin g
the Artist and the Artist's career, two-dimensional images such as photos ,
slides or realistic renderings, video tapes, or films of the Work as installe d
and formally accepted by the City . Such reproductions and use of th e
images of the Work for promotional and educational purposes shall b e
deemed to not constitute a breach of copyright in any way and no royalt y
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fee shall be due and payable to the Artist for such use . Such reproductio n
and images of the Work for publicity, promotion, and educational purposes
shall, to the extent reasonably possible and appropriate, give reference t o
the City of San Luis Obispo .
ARTICLE7 :ARTIST AS INDEPENDENT CONTRACTO R
The Artist shall perform all work under this Agreement as an independen t
contractor and not as an agent or employee of the City . The Artist shall not b e
supervised by any employee or official of the City nor shall the Artist exercis e
supervision over any employee or official of the City . The City alerts the Artist t o
the provisions of the Labor Code §1771, which may require the payment o f
prevailing wages .
ARTICLE 8 : ASSIGNMENT, TRANSFER AND SUBCONTRACTIN G
Neither the City nor the Artist shall assign or transfer any interest in thi s
Agreement without prior written consent of the other . The Artist may subcontract
portions of the services to be provided hereunder at the Artist's expense provide d
that said subcontracting shall not affect the design, appearance or visual quality
of the Work and shall be carried out under the personal supervision of the Artist ,
and in accordance with all applicable laws .
ARTICLE 9 : TERMINATIO N
If either party to this Agreement shall willfully or negligently fail to fulfill, in a timel y
or proper manner, or otherwise violate any of the covenants or agreement s
material to this Agreement, then the other party shall thereupon have the right t o
terminate this Agreement by giving written notice to the defaulting party of it s
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intent to terminate, specifying the grounds for termination . The defaulting part y
shall have ten (10) days after receipt of the notice to cure the default . In th e
event of default by the Artist, all finished and unfinished drawings, sketches ,
photographs, and other products prepared and submitted or prepared fo r
submission by the Artist under this Agreement shall, at the City's option, becom e
City property . This, however, shall not relieve the Artist of liability to the City fo r
damages sustained by the City by virtue of any breach of this Agreement by th e
Artist . In addition to all other remedies, the City may reasonably withhol d
payments to the Artist until such time as the exact amount of damages due th e
City from the Artist is determined .
ARTICLE 10 : CONTRACT ADMINISTRATO R
The Contract Administrator for this Agreement shall be the Public Art Coordinato r
of the City of San Luis Obispo as defined in San Luis Obispo Municipal Cod e
section 17 .98 .020 D, or his or her designee .
ARTICLE 11 : NONDISCRIMINATIO N
In carrying out the performance of the services designated, the Artist shall no t
discriminate as to race, religion, sex, age, sexual orientation, national origin, th e
presence of any physical, mental or sensory handicap, or any other basi s
prohibited by applicable law .
ARTICLE 12 : COMPLIANC E
The Artist shall be required to comply with all federal and state laws and Cit y
statutes, ordinances, and regulations applicable to the performance of the Artist's
services under this Agreement .
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ARTICLE 13 : ENTIRE AGREEMEN T
This writing embodies the entire agreement and understanding between th e
parties hereto, and there are no other agreements or understandings, oral o r
written, with reference to the subject matter hereof that are not merged herei n
and superseded hereby .
ARTICLE 14 : MODIFICATIO N
No alteration, change, amendment, or modification of the term of this Agreemen t
shall be valid, unless made in writing and signed by both parties hereto an d
approved by appropriate action of the City .
ARTICLE 15 : WAIVE R
No waiver of performance by either party shall be construed as or operate as a
waiver of any subsequent default of any terms, covenants, or conditions in thi s
Agreement . The payment or acceptance of fees for any period after a defaul t
shall not be deemed a waiver of any right nor an acceptance of performance .
ARTICLE 16 : GOVERNING LA W
This Agreement, regardless of where executed or performed, shall be governe d
by and construed in accordance with the laws of the State of California .
ARTICLE 17 : HEIRS AND ASSIGN S
This Agreement shall be binding upon and shall inure to the benefit of the Cit y
and of the Artist and of their respective heirs, personal representatives ,
successors, and permitted assigns .
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ARTICLE 18 : NOTICE S
All notices, requests, demands, and other communications which are required o r
permitted to be given under this Agreement shall be in writing and shall b e
deemed to have been duly given upon delivery and receipt thereof, as the cas e
maybe, if delivered personally or sent by certified mail, return receipt requested ,
postage-prepaid as follows :
City :
do Public Art Coordinato r
City of San Luis Obisp o
990 Palm Stree t
San Luis Obispo, CA 9340 1
ARTICLE 19 : ATTORNEY'S FEE S
Should any action or proceeding
Artist :S
4&t-r -A.W
e CA .
be brought to enforce the terms of thi s
Agreement, the prevailing party shall be entitled to reasonable attorney's fee s
and costs .
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to b e
executed by his respective authorized officers or representatives as of the day
and year set forth on page one of this Agreement .
ATTEST :
APPROVED AS TO FORM :
CITY OF SAN LUIS OBISP O
A ' MI ISTR A
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Approach to Projec t
Design criteria :
■Artwork to be viewed by pedestrians on the sidewalk ,
thirty feet away
■Artwork to be viewed by bicyclists and other vehicles fro m
approximately twenty feet, traveling at 5 mp h
■Daylight and nightime visibility require d
■Existing landscape trees "frame" artwor k
■Artwork to be constructed from durable, low-maintenanc e
materials and reflect railroad vernacula r
■Artwork to reflect the historical significance of the locatio n
as well as the present-day modes of trave l
■Artwork to be graphically simple for passing viewers t o
comprehen d
Design elements :
Materials of construction may include, but not limited to ,
RR ties, steel plate, heavy bolts & nuts, railroad signage,
concrete, granite ballast, and iron artifacts .
■The two existing Silk Floss Trees must be incorporate d
into the overall design and compliment the artwork .
■ Nightime viewing could be accomplished with low-voltag e
lighting from the ground or backlighting from behin d
certain physical features .
■ Icons represent the influences of railroading from start t o
present day, simplified for passing viewer's interpretation .
Design Solution :
■Create a vertical wall of RR ties or other clean timbers t o
serve as a backdrop for graphics . The ties would form a
slight "S" curve, comfortably located visually between th e
two trees and orientated towards the passing viewer ,
approximately 15 feet long, each side presenting graphic s
to the on coming traffic . Timbers would be supported wit h
heavy bolts, steel plates, and have no direct contact wit h
the soil, but would be surrounded by the typical granit e
railway ballast .To complete the "planting" an ol d
switching mechanism or signaling device could be locate d
in concrete between the wall and the existing curb .
■Mount the powder-coated silhouette "time-line of icon s
on both sides of the wall, spacing them off the wal l
approximately 4" to allow for back lighting with lo w
voltage lighting or fiber optics . Colors would be the ca d
red, red-orange already established for the Histori c
District . Any other color needs would be the traditiona l
Southern Pacific yellow or brown .
■Establish a secured electrical junction box for a timer, and
a transformer or illuminator tied to the electrical supply ,
possibly back at the warehouse structure .
*All materials and methods of construction have been use d
by this contractor or are within the realm as specifie d
under a Landscape Contractor's C-27 License .
ICONS OF AN ER A
1874 – Influences of the narrow-gaug e
railway, bringing railroading to the
central coast with a link to San Lui s
Obispo .
1894 – Southern Pacific RR emerges an d
begins developing a link for commerc e
north and south . Steam drive n
locomotives are the norm .
1901 – A complete rail connectio n
between San Francisco & Los Angeles i s
completed for freight and passengers .
California now has an efficient mode o f
transport for passengers and freight .
1923 – A round-house, power house ,
machine shop and turntable is built i n
San Luis Obispo to provide maintenanc e
on' as many as twenty locomotives at a
time .
1940 — A 65,000 gallon wood water tank
is constructed in San Luis Obispo t o
provide water for up to 10 steam
locomotives daily .
1957 — The steam era ends . Th e
complete dieselization of the Californi a
Coastal route is accomplished eve n
though other routes had been converte d
earlier .
1970 forward - Icons to be develope d
such as pesdestrian foot bridge, bicycle
influence, etc .
PUBLIC AR T
1940 Santa Barbara Stree t
Southern Pacific Freight Warehouse Round-Abou t
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City 0f &In lu1SO81Sp0 990 PALM ST. •SAN LUIS OBISPO,CA 93401-3249 ACCOUNTS PAYABLE
11 :35
LUIS 'OBISPO,CA 93401-3249 Up-tp Li[N1"Ph ,,SEE 'SAFE
s SIX THOUSAND
SIX MONTH S
n'23717910 l :L 2 L0003581 :00610,80249 0
9036 3
ACCOUNT
6,000 .00
CHECK NO .
23717 9
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FREIGHT WAREHOUSE ART
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1790 3
480785 JIM TRASK