Exhibit 1
CITY OF GLENDALE
MURAL POLICIES AND PROCEDURES
AND REQUIRED DOCUMENTS
Table of Contents
MURAL POLICIES AND PROCEDURES ....................................................................... 2 MURAL APPLICATION SUBMITTAL REQUIREMENTS .............................................. 11 ORIGINAL MURAL ART APPLICATION ....................................................................... 12
ARTIST WAIVER AND AGREEMENT FOR MURAL PLACED ON PRIVATE PROPERTY .................................................................................................................. 18
INFORMATION SHEET- CAMPAIGN FINANCE ORDINANCE APPLICANTS SEEEKING ENTITLEMENT .......................................................................................... 21
2 CITY OF GLENDALE
MURAL POLICIES AND PROCEDURES
The Arts and Culture Commission, the Library, Arts and Culture Department, and the City of Glendale all desire to encourage artistic expression throughout the City of Glendale.
Together, they acknowledge that art in public places is an essential element of the quality of life within the City and that art in public places contributes to what makes the City of Glendale a special place to live, work, and shop.
The City wishes to encourage original murals on public and private buildings as an investment in cultural capital to serve the public interest by eradicating visual blight created by large uninteresting, blank walls that are sometimes the target of vandals, to create tourist interest points, and to develop community identity.
Anyone wanting to put a mural on public or private property must obtain a permit from the City pursuant to the process set forth in Glendale Municipal Code Section
30.38. This process is intended to support efforts to place murals on public and private buildings in a content-neutral manner while ensuring compliance with time, manner, and place requirements.
Further, the City wants to make sure that there is strict adherence to safety rules to ensure structural integrity, and that there is an opportunity to obtain advisory community input to enhance the relevance of a proposed mural to its proposed location. Maintenance obligations must be thoughtfully addressed so that no unnecessary or unexpected financial burdens are placed on the City and the community.
Finally, consideration must be given to placing murals where they will be most impactful in creating identity and sense of place.
Murals installed without adhering to the Glendale Municipal Code Chapter 30.38 may be subject to removal if the property owner fails to legalize the mural by obtaining a validly issued mural permit.
1. Purpose
The purpose of this policy is to guide the Library, Arts and Culture Department in:
a. Supporting community-driven mural projects.
b. Including artwork from local, regional, national, and international artists of diverse backgrounds in the City of Glendale’s murals program.
3 c. Providing ongoing opportunities for artists to engage in the community through temporary artworks.
d. Supporting the economic development and cultural tourism interests in the City of Glendale.
e. Encourage public dialogue and artistic expression.
3. Acceptable Mural Locations
a. Private property. Subject to the zoning restrictions set forth in Glendale Municipal Code (“GMC”) sections 30.38.030, 30.38.040, 30.38.060, and
30.38.090, murals are allowed on private property with permission of the private property owner, as long as the private property owner adheres to this Mural Policies and Procedures and Required Documents, obtains a mural permit from the City, enters into a Mural Maintenance Agreement with the City, and enters into an Artist Waiver and Agreement with the artist of the mural.
i. Applicants shall obtain the written permission of the private property owner prior to submitting an application for a mural permit.
ii. Prior to the issuance of a mural permit and the installation of any mural on private property, the property owner must submit a Mural Maintenance Agreement (the form of which is attached hereto as Exhibit “A”). The City requires the recordation of the Mural Maintenance Agreement in the Los Angeles County Recorder’s Office so that all future property owners, and any other person or entity with an interest in the property, will be put on notice of the property owner’s mural maintenance responsibilities.
iii. Prior to the issuance of a mural permit and the installation of any mural on private property, the property owner must submit an Artist Waiver and Agreement for Mural Placed on Private Property (the form of which is attached hereto as Exhibit “B”).
b. Mural Installation on Public Property. The City Council shall be the final review authority for any mural proposed to be installed on public property.
Following the public review process set forth in GMC Chapter 30.38, the Arts and Culture Commission may recommend the City Council authorize the Director of Library, Arts and Culture, subject to approval “as to form” by the City Attorney, to enter into all appropriate agreements for the installation of a mural public property.
4. Mural Installation Parameters
4 All murals must conform to the following parameters as applicable to the site:
a. Except as provided herein in Section D, no part of a mural shall exceed the height of the structure to which it is tiled, painted, or affixed unless permitted to do so with an approved Mural Maintenance Agreement, and with approval of a City issued encroachment permit where any part of the mural extends into the public right of way.
b. All mural and mural structures shall have a smooth surface, and no nails, tacks, rivets, wires or other fastening devices shall be permitted to protrude therefrom except external lamps, neon tubing or artificial illumination (“Illumination”) on walls or any buildings or structures which are necessary to illuminate the mural and such external Illumination shall not in any manner exceed the height or width of the structure upon which the mural is in any manner attached, tiled, painted, or affixed.
c. Artist(s) signature(s) and sponsorship recognition shall be confined to the signature area
d. No part of a mural shall extend more than six (6) inches from the vertical plane of the surface upon which the mural is in any manner attached, tiled, painted, or affixed. However, murals approved for installation on any horizontal plane must be flush with that horizontal plane.
e. No mural may consist of, or contain, electrical, or mechanical components, or changing images (moving structural elements, flashing or sequential lights, lighting elements, or other automated methods that result in movement, the appearance of movement, or change of mural image or message, not including static illumination turned off and back on not more than once every twenty-four (24) hours).
f. No mural shall be placed on a lot that is zoned solely for single family or multifamily residential development. Murals may only be located in Commercial Zones (C1 Neighborhood Commercial Zone, C2 Community Commercial Zone, C3 Commercial Service Zone, CR Commercial Retail Zone, CPD Commercial Planned Development Zone, CH Commercial Hillside Zone, and CA Commercial Auto Zone), Mixed Use Zones (IMU Industrial/Commercial Mixed Use Zone, IMU-R Industrial/Commercial- Residential Mixed Use Zone, SFMU Commercial/Residential Mixed Use Zone, and DSP Downtown Specific Plan Zone), Industrial Zones (IND Industrial Zone and T Transportation Zone), or TOD zones.
g. No mural shall be arranged and illuminated in a manner that will produce light intensity of greater than 32.28 lumens (three foot-candles) above ambient lighting, as measured at the property line of the nearest residentially zoned property.
5 h. No mural permit will be issued for Digitally Printed Image Murals without the prior review and approval from the Fire Department and the Building and Safety Division of the Community Development Department.
i. No mural may contain any form of commercial message. Any mural that contains a business name, logo, slogan, trademark, website address, social media identifier, or other business identification, including business sponsorship shall be considered to contain a Commercial Message and be treated as a Sign as defined in Chapter 30.33.020. Provided, however, the mural may contain a single continuous perimeter, which shall not exceed four (4) square feet at the bottom edge of the mural where the mural artist signs their name, where one mural sponsor may affix their name or logo, and where the mural date and copyright information may be provided ("Signature Area").
If the four square feet area is greater than 10% of the overall size of the mural, then the Signature Area shall not exceed 10% of the mural area. Such acknowledgement panel shall not be classified as a commercial message, and is therefore exempt from zoning regulation as provided in Municipal Code of Glendale Chapter 30.33 pertaining so signs.
j. The signature area may contain one Acknowledgment of the mural sponsor(s) per mural.
5. Mural Criteria to be Considered
Subject to GMC Chapter 30.38, the following criteria for approving murals for any mural locations, as defined in Section 3 herein above, include:
a. Consideration of the strength of an applicant’s or artist’s concept.
b. Demonstrated craftsmanship.
c. Originality of proposed mural.
d. Appropriateness of scale to the wall upon which mural will be painted/attached and/or to the surrounding neighborhood.
e. Architectural, geographical, socio-cultural and/or historical relevance to the site scale.
f. General support from the public, the building owner, and other stakeholders including but not limited to: surrounding neighborhood, adjacent businesses, and arts community.
g. Demonstrated ability for applicant or artist to complete the proposed mural on time and within budget.
5. Mural Permit Application
6 An applicant wishing to install a mural on private property or public property, must file an application for a mural permit with the Library, Arts and Culture Department.
An application for a mural permit for the installation of a mural on private property shall include all the information, and materials and a mural maintenance plan that will be incorporated into a Mural Maintenance Agreement (the form of which is attached hereto as Exhibit “A”), all as specified in Chapter 30.38.
6. Mural Permit Process
There are four steps required in order for the Permit to be Granted:
a. Submit a mural permit application to the Library, Arts and Culture Department.
b. The mural permit application must include the mural permit fee, a maintenance plan which maintenance plan will be incorporated into a Mural Maintenance Agreement that shall be executed and recorded prior to the issuance of a mural permit. The mural permit application must also include an Artist Waiver and Agreement for Mural Placed on Private Property.
c. The mural permit applicant is responsible for providing public notice of the proposed mural permit on site, which public noticing includes, but is not limited to posting the mural site and sending notices to surrounding property owners. Refer to GMC section 30.38.090 for the public notice posting requirements. See also Exhibit “B” attached hereto for posting guidelines.
d. Upon confirmation by the Library, Arts and Culture Department that all the materials required for processing a Mural application have been submitted, including the required mural maintenance plan, the Library, Arts and Culture Department will schedule a hearing before the Arts and Culture Commission to consider the applicant’s request for issuance of a mural permit, and will require the mural applicant to complete the required public noticing as specified in GMC section 30.38.080.
7. Granting a Mural Permit
If the Arts and Culture Commission approves, or conditionally approves issuance of a mural permit, following a fifteen (15) day appeal period which appeal period is counted from the day the Arts and Culture Commission approves the mural permit issuance, the Library, Arts and Culture Department Director, or designee, shall record the Mural Maintenance Agreement and thereafter issue the mural permit.
7 8. Appealing the Denial of a Mural Permit
Appeals of any decision by the Arts and Culture Commission to approve issuance of a mural permits on private property shall be to the City Council and such appeals shall be heard de novo, meaning that the City Council will independently reexamine the mural permit application submitted by applicant to the City for review and decision by the Arts and Culture Commission.
a. Appeal to the City Council. After approval, approval with conditions, or denial of a mural permit application, the applicant or any aggrieved party, including any city official may appeal the decision of the review authority to the city council in the manner provided in chapter 2.88 of this code.
b. Mural Design Changes. Should the applicant elect to change a mural design after approval by the Arts and Culture Commission, but prior to the date set for an appeal before the City Council, the modified mural design shall submitted to the City Council as part of the appeal materials. The mural applicant also has the option of withdrawing the mural application.
9. Site Preparation
Proper preparation of the location where the mural is to be installed will enhance the community for years. For this reason, the following guidelines should be respected:
a. Brick, plaster and concrete walls offer the best surface for murals. Wood and aluminum are not recommended for murals with a Mural Maintenance Agreement term over five (5) years. Murals may be painted directly on the prepared final surface, or on panels which are to be fixed to the wall either before or after painting.
b. Ideally the mural surface should be smooth. The quality of the surface preparation will determine the quality of the finished product. The mural artist should be sure to follow appropriate preparation steps and consult with a qualified paint professional to determine the best filler, primer, and paint products.
c. If there are any questions about the appropriateness or suitability of the surface upon which the mural is proposed to be installed or affixed in any way, it is recommended that a building contractor, professional artist or painter be consulted.
d. The mural installation area may need to be pressure washed to remove any dirt and existing paint prior to the commencement of work. Applicants
8 may need to obtain a City permit in order to pressure wash surfaces. The surface should be completely dry before proceeding.
e. Spackle or another filler should be used to fill cracks, holes, and to level uneven surfaces.
f. The wall where a mural is to be installed may need to be primed with a latex primer to provide an even surface for the mural.
10. Mural Maintenance and Repair
All mural maintenance and repair activities shall be specified in the mural maintenance plan to be incorporated into a Mural Maintenance Agreement.
Consideration shall be given to the impacts from pollution and water on murals. It is recommended that the mural maintenance plan include annual washing of the mural surface with a gentle soap to minimize water and damage from abrasive or harsh cleansers. It is also recommended that mural plans include effective surface preparation and if a mural is painted, the installation of a protective topcoat to keep the mural in good condition.
a. Mural Maintenance and Repairs on City Property. All painted murals installed on City Property will be required to include the installation of a protective topcoat to protect the mural from damage. The City will be responsible for regular cleaning and repair as is deemed necessary and appropriate by the staff of the Library, Arts and Culture Department in cooperation with the mural artist.
b. Mural Maintenance and Repairs on Private Property. The City does not assume any obligation, financial or otherwise, for the creation, upkeep, or repair of murals for which the City has issued permits for installation on private property. Maintenance and repair of murals permitted on private property shall be the sole responsibility of the property owner on whose property the mural is installed. Prior to the issuance of a mural permit the property owner, must enter into Mural Maintenance Agreement which includes a maintenance plan. The mural maintenance plan shall include a schedule for regular cleaning, maintenance in order to maintain the mural in good condition.
c. Complaints Regarding Murals on Private Property. In the event of complaints to the City regarding lack of maintenance impacting the mural’s appearance, the City will conduct an inspection. If the City determines the mural is in disrepair and that the property owner is not abiding by their maintenance and repair obligations set forth in the GMC Chapter 30.38 and the Mural Maintenance Agreement, the City may, in its sole discretion, issue a citation to the property owner pursuant to GMC section 30.38.130 and or pursue other legal or equitable remedies.
9 If, in the City’s reasonable determination, the property owner’s failure to maintain and or repair the mural creates a serious public health and or safety hazard, the City may, in its sole discretion following twenty-four (24) hours’ written notice to Owner (“City Entry Notice”), enter onto Owner’s Property to perform mural maintenance and or repair, or removal, in order to cure the serious public health and or safety hazard (“Emergency Repair”). “Serious public health and or safety hazard” includes, but is not limited to, any part of the Mural entering into the public right of way or public property so as to create a physical hazard to the public.
d. Vandalism and Graffiti. If a mural is vandalized (including from graffiti) it is the property owner’s responsibility to repair the mural and remove such graffiti in compliance with GMC Chapter 9.16, entitled “Graffiti”.
11. Removal of Murals – Renewal of Mural Permit.
The term of the Mural is subject to negotiation between the property owner and the City. Murals that are issued a City permit may remain in place for the duration of the Mural Permit and Mural Maintenance Agreement. Murals located on public property may remain in place pursuant to the terms of the City’s agreement with the mural artist. A Mural may be removed prior to its planned removal date at the request of the applicant or current private property owner pursuant to the process set forth in Chapter 30.38.
A. Self-initiated removal. Subject to GMC section 30.38.140, and Section 8 of the Mural Maintenance Agreement, the applicant and or private property owner must provide 30 days’ prior written notice to the Library, Arts and Culture Department of the request to remove any mural not scheduled for removal pursuant to the Mural Maintenance Agreement. Following notice of proposed mural removal provided to the Library, Arts and Culture Department, and after obtaining any permits for traffic management or public right of way encroachment that may be required to remove a mural from private property, the mural be removed by the private property owner. The mural site shall be restored to its condition prior to the installation of the mural, reasonable wear and tear excepted, and shall be completed at the sole cost and expense of either the mural permit applicant or the then current property owner at the time of the removal. Applicants should be aware of any terms in their agreement with the mural artists that could impact their ability to remove the mural.
B. Site improvements. In some instances, such as streetscape repaving or building maintenance, the City may require the applicant remove the mural for public health and safety purposes and will provide all required noticing to the applicant and property owner prior to undertaking activities that may require removal of all or part of a mural. The applicant may be able to reinstall the mural after the
10 public improvement or repair has been completed. The applicant shall be responsible for the costs of re-installing the mural.
C. Public safety emergencies. As a condition of permitting murals located on, at, above or near public utilities, applicants and property owners have been apprised that such murals may be required to be removed with little or no notice to the applicant or private property owner so that the utility may be repaired. The applicant will be responsible for restoring any damage to the mural caused by emergency utility repairs.
D. Renewal of Mural Permit. Mural permit applicants seeking to renew their Mural Permit shall provide the City with sixty (60) days’ advance written notice of their renewal request prior to the expiration of the Mural Permit. Renewal of a Mural Permit shall be within the sole discretion of the City. Applicants who do not renew the Mural Permit shall remove the mural at the expiration of the Mural Permit; provided however, such removal shall be completed within thirty (30) days of the expiration of the Mural Permit.
11 MURAL APPLICATION SUBMITTAL REQUIREMENTS
All mural applications must be accompanied with the following information:
❑ Completed “Original Art Mural” application form, including signature of property owner and mural art owner.
❑ Full color rendering or detailed sketch of proposed mural including design, legible and complete dimensions, and full description of the mural materials.
❑ Installation and de-installation plans including photographs and drawings of proposed installation site as well as surrounding area; plans for surface preparation; date proposed for installation (and de-installation if applicable).
❑ Identification information including mural title, and artist’s name, and contact information.
❑ Mural Permit Fee
❑ Mural maintenance plan with a mural removal date, if applicable (to be incorporated into the Mural Maintenance Agreement)
❑ Artist Waiver and Agreement for Mural Placed on Private Property.
12 CITY OF GLENDALE
LIBRARY, ARTS AND CULTURE DEPARTMENT
ORIGINAL MURAL ART APPLICATION
APPLICANT: Complete all sections below that apply to the proposal. Please print legibly.
Application Date
Mural Installation Street Address
_____________________________________________________________________ Description of Mural Site
_____________________________________________________________________ ❑ Applicant must verify that the mural does not contain any commercial speech.
Property Owner Name
_____________________________________________________________________ Mailing Address
City State Zip Code __________
Phone ____________
Email _____________
Mural Artist Name
_____________________________________________________________________ Mailing Address
City State Zip Code __________
Phone ____________
Email _____________
13 Type of Mural (check all that apply)
❑ Mural painted on exterior building or wall
❑ Street Mural
❑ Utility box/cover
❑ Mural consisting of tile or other 3D material affixed to surface ❑ Mural consisting of 2D printed material to be secured to surface ❑ Mural augmented with XR components (such as Virtual Reality or Augmented reality layers)
❑ Other
Proposed mural dimensions
width height total area depth of mural from plane of
wall
overall mural height above
grade
ft. ft. sq.ft. in. ft.
Brief Description of Mural (may attach images to illustrate)
Maintenance and Removal of Mural:
❑ Mural will be maintained pursuant to the maintenance plan attached to this Application that will be incorporated into a Mural Maintenance Agreement between the applicant, or property owner (in the event the applicant is not the property owner).
❑ Mural will not be maintained because it will be removed no later than [DATE] pursuant to the removal plan attached to this Application.
14 MURAL INSTALLATION RESPONSIBILITY STATEMENT AND PERMIT
CONDITIONS
The property owner agrees to comply with each of the following mural permit conditions. Mural applications will not be accepted unless the property owner of the property on which the mural is to be located agrees to each of these permit conditions by initialing after each condition below:
1. Murals shall be completed by an artist with prior mural creation, installation, and maintenance experience as demonstrated in the mural permit application.
2. Murals shall be signed and dated by the mural artist.
3. Installation of the mural shall be completed and/or supervised by the mural artist.
4. The mural permit applicant shall complete public outreach to local business association, neighbors, and neighboring businesses in addition to the public noticing required by Glendale Municipal Code section 30.38.080. If feasible, mural applicant shall obtain letters of support from adjacent property owners.
5. Mural materials shall be durable, graffiti resistant and weather resistant.
6. Mural support/attachments must be approved by a professional structural engineer, and all mural installation work must be supervised and approved by the mural artist.
7. Murals shall not contain commercial advertising.
8. Mural permit or approval does not warrant or guarantee that, after installation, the mural will be preserved or remain intact for the expected life span of the mural. If parties want to preserve the mural, it is their responsibility to reach an agreement regarding maintenance, and preservation with the property/building owner.
9. Murals may be protected under the California Art Preservation Act of 1980 (Civil Code Section 980 ET seq.), and/or the Visual Artists Rights Act as found in Federal law (Title 17 U.S.C. § 106(A)). THE PROPERTY OWNERS ARE RESPONSIBLE FOR
OBTAINING THEIR OWN LEGAL ADVICE AND FOR COMPLIANCE WITH ALL APPLICABLE LAWS.
10. It is the responsibility of the artist to create and maintain the mural. The mural shall be kept in good repair and condition with periodic maintenance to be performed by the owner/artist as needed. By submitting the application both the mural owner and property owner agree that should the mural be defaced and not maintained in good repair, the City has the authority to remove the mural.
11. If vandalism, including graffiti, to the mural occurs, it is the responsibility of the mural owner/artist to remove graffiti within as required by Chapter 9.16 of the Glendale Municipal Code. If the graffiti is not removed and repaired by the owner/artist, the City can remove the graffiti vandalism using their standard removal techniques/materials and charge back to the property owner the cost of labor and materials.
12. The mural applicant agrees to comply with all applicable provisions of Glendale Municipal Code Chapter 30.38, and all other applicable laws, regulations and ordinances.
15 With my signature below, I attest that I have read, understand, acknowledge, and agree to each of the above listed mural permit conditions. I understand that I am required to comply with these conditions, and any other conditions the City may impose on the issuance of the mural permit, for the duration of the mural permit. Violations of any of the above conditions, or other applicable Glendale Municipal Code provisions may result in permit revocation and or City code enforcement action.
PROPERTY OWNER
_________________________________________
Signature
Print Name
Date
16 CONFLICT OF INTEREST STATEMENT
Please PRINT or TYPE all information.
Government Code section 84308, subdivision (e)(2) states “[a] party to a proceeding involving a license, permit, or other entitlement for use pending before any agency or a participant in the proceeding shall not make a contribution of more than five hundred dollars ($500) to any officer of that agency during the proceeding and for 12 months following the date the final decision is rendered by the agency in the proceeding.” Further, said State law requires applicants for permits to disclose whether they have made any such contributions. (Gov. Code, § 84308, subd. (e)(1).) Therefore, the following statement must accompany every application filed with the Library, Arts & Culture Department for processing.
Have you or your agent made a contribution for election purposes of $500.00 or more to any member of the Arts & Culture Commission during the twelve (12) months preceding filing of the application?
Yes No
If “Yes,” to whom?
When?
I hereby certify under penalty of perjury that the above information is true and correct.
Applicant’s Signature Date
17 OWNER/APPLICANT AFFIDAVIT
Please PRINT or TYPE all information.
PART 1 – APPLICATION(S) REQUESTED
List application(s) currently being requested that apply to this form:
PART 2 – OWNER’S AFFIDAVIT
I hereby certify that I am the legally authorized owner of all property involved in this application or have been empowered to sign as the owner on behalf of a corporation, partnership, business, etc., as evidenced by separate instrument attached herewith. I hereby grant to the applicant of this form full power to sign all documents related to this application, including any conditions or mitigation measures as may be deemed necessary.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on at , California
(Date) (City)
Owner’s Signature
Print Owner’s Full Name
PART 3 – APPLICANT’S AFFIDAVIT
I hereby certify that the statements furnished above and in the attached exhibits represent the data and information required for this initial evaluation and that the facts, statements and information presented are true and correct to the best of my knowledge and belief. Further, should the stated information be found false or insufficient, I agree to the return of this form for appropriate revisions, understanding that the City of Glendale cannot process this form until all applicable information is corrected or provided by the applicant. I hereby certify that I have been legally authorized by the owner to present this application and to sign on behalf of all documents related to this application, including any conditions or mitigation measures as may be deemed necessary. Note: When the applicant is a corporation, partnership, business etc., a separate document verifying the authorization to sign for such applicant is required.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on at , California
(Date) (City)
Applicant’s Signature
Print Applicant’s Full Name
18 CITY OF GLENDALE MURAL PROGRAM
Artist Waiver and Agreement for
Mural Placed on Private Property
This Artist Waiver and Agreement for Mural Placed on Private Property (“Artist Waiver”) in entered into this _____ day of ___________, (“Effective Date”) by and between _______________ (“Property Owner”), and ______________________ (“Artist”), Property Owner and Artist are collectively referred to herein as “Parties” and individually as “Party”.
RECITALS
WHEREAS, Property Owner is the owner of certain real property located at __________________, and legally described on Exhibit A, attached hereto and incorporated herein by this reference (the “Property”);
WHEREAS, Artist designs murals and other forms of artwork and has designed a unique artwork for the Property Owner (“Mural”), which Property Owner seeks to install on the Property. The Mural is described and depicted on Exhibit B, attached hereto and incorporated herein by this reference;
WHEREAS, Property Owner has applied for a Mural Permit from the City of Glendale, a municipal corporation (“City”) to install the Mural on the Property (the “Mural Permit”). A condition of the Mural Permit is the execution of this Artist’s Waiver and Agreement, and execution of a Mural Maintenance Agreement by and between the Property Owner and the City of Glendale (the “Mural Maintenance Agreement”). This Artist Waiver is attached as Exhibit “D” to the Mural Maintenance Agreement;
WHEREAS, Artist and Property Owner have agreed to install the Mural on Owner’s property located at Property pursuant to the terms and conditions of the Mural Permit, the Mural Maintenance Agreement and this Artist Waiver
WHEREAS, this Artist Waiver shall commence on the Effective Date and continue in effect until the Mural is removed (the “Term”).
AGREEMENT
1. Recitals. The Recitals herein above are an integral part of this Artist Wavier and are incorporated herein by this reference.
2. Mural Modification, Alternation or Removal After Termination.
Subject to the terms and conditions of the Mural Permit and Mural Maintenance Agreement, the Property Owner and the City have the right to change, modify, destroy, remove, relocate, move, replace, transport, repair or restore the Mural, in whole or in part after the Mural Permit termination date.
19 3. Limitations on Modification of Mural During Term. If at any time the Property Owner modifies the Mural without the Artist’s consent in a manner that is prejudicial to Artist’s reputation, Artist retains the right to disclaim authorship of the Mural in accordance with the Visual Artists Rights Act 17 U.S.C. § 106A (a) (2).
4. Notices. Artist bears the sole responsibility for providing the Property Owner and the City with any changes to the Artist’s Address. Notice of changes must be mailed to the City of Glendale, Library Arts and Culture Department, 222 East Harvard Street, Glendale, CA 91205, to the attention of the Director of Library, Arts and Culture; to the Property Owner, at ______________________.
5. Waiver of VARA and CAPA Rights. Except as explicitly set forth in this Agreement, Artist voluntarily waives all rights under the Visual Artists Rights Act of 1990, 17 U.S.C. §§106A and 113(d) (”VARA”), the California Art Preservation Act (Cal.
Civ. Code §§987 and 989 )(“CAPA”), or any other local, state, foreign or international law, as currently drafted or as may be hereafter amended, that conveys the same or similar rights (“Moral Rights Laws”), with respect to the Mural, its display, removal from display, exhibition, installation, conservation, storage, study, alteration and any other activities conducted by the Property Owner, or City, and their respective officers, employees, agents, contractors, licensees, successors or assigns. If the Mural is incorporated into a building such that the Mural cannot be removed from the building without physical defacement, mutilation, alternation, distortion, destruction, or other modification (collectively, “Modification”) of the Mural, Artist waives any and all rights to which Artist may be entitled pursuant to any Moral Rights Laws.
6. Artist’s Representation. Artist represents and warrants that: (a) the Mural is Artist’s unique and original work of art; (b) the Mural does not infringe upon, misappropriate, or violate any patent, copyright, trademark, trade name, or other proprietary right of any person, organization, or entity; (c) Artist has obtained all licenses, permissions, authorizations, releases, and other necessary documents for the creation, installation and maintenance of the Mural; and (d) Artist has paid, or will pay, all royalties, licensing fees, or other fees required for obtaining licenses, permissions, or authorizations for the Mural. Upon the Property Owner’s or City’s request, Artist must provide the Property Owner and the City with evidence of Artist’s compliance with this paragraph.
7. Survival. Artist’s and Property Owner’s representations under this Artist Waiver shall survive the termination of the Mural Permit and the Mural Maintenance Agreement.
20 8. Grant of Use. Artist irrevocably grants Property Owner, and their respective officers, agents, and employees a non-exclusive, sublicensable right to use, in whole or in part, in any medium now known or later developed, photographs and other two-dimensional reproductions of the artwork for informational, educational, promotional, public relations, advertising, or other non-commercial purposes without charge to Property Owner or City and without payment to Artist of any compensation, fee, royalty, or damages.
9. Publicity. Use of Artist’s name and likeness. Artist agrees that Owner shall have the sublicensable right (royalty-free) to reasonably use Artist’s name, likeness, signature and biography in connection with the display, publication, and promotion of the Mural. Property Owner agrees to use Artist’s name and the correct title and description of the Mural in wording mutually agreed upon by the parties in all promotional literature used by Owner relating to the Mural, and to include a Signature Area on the Mural with the Artist’s name, the Mural title, and any additional, mutually agreed upon description of the Mural.
The Parties understand, acknowledge, and agree to the terms of this Artist Waiver and Agreement.
By Artist:
Name (Signature): ___________________________________
Name (Print): ___________________________________ Date: __________________ Phone: ___________________________ Email___________________________
By Property Owner:
Name (Signature): ___________________________________
Name (Print): ___________________________________ Date: __________________ Phone: ___________________________ Email___________________________
21 In August 2011, the Glendale City Council adopted Ordinance No. 5744, which became effective on September 9, 2011 (“Ordinance”). The Ordinance prohibits campaign contributions from “applicants seeking entitlement,” certain of their contractors and subcontractors (including their architects, engineers, and design professionals) while the application is “pending” and for 12 months thereafter. An application is deemed pending when: an application or letter is filed and the City Council, Redevelopment Agency, or Housing Authority has original jurisdiction over approval of the entitlement, or when the application is formally appealed to the City Council.
The Ordinance also prohibits any member of the City Council, Redevelopment Agency, or Housing Authority from voting on any matter pertaining to an entitlement if that member has received a campaign contribution from the applicant seeking the entitlement, or certain contractors or subcontractors of the applicant, within the 12-month period preceding the consideration of the matter.
I. What acts does the Ordinance prohibit?
With respect to an “applicant seeking entitlement” before the Glendale City Council (“Council”), the Glendale Redevelopment Agency (“GRA”), or the Housing Authority of the City of Glendale (“HA”), the Ordinance does the following:
1. Prohibition No. 1 – Ban on contributions while application is pending and for 12 months thereafter. The Ordinance prohibits (a) an “applicant seeking entitlement”, (b) a “contractor of an applicant seeking an entitlement,” or (c) a “subcontractor of an applicant seeking an entitlement” from making a contribution to a member of City Council while an application is “pending” before the Council, GRA, or HA and for a period of 12 months after the last and final approval of the Council, GRA or HA.
2. Prohibition No. 2 – Ban on voting if contribution received during 12-month period preceding consideration of the matter. Prohibits any Council Member, Redevelopment Agency Member, or Housing Authority Member who has received a contribution from an applicant seeking entitlement, a contractor of an applicant seeking entitlement, or a subcontractor seeking entitlement within a period of 12 months prior to consideration of an entitlement from voting on the matter.
II. Who is an applicant seeking entitlement?
• Person who files an application or letter with the City, GRA, or HA, or • Person who is an owner or lessee of property on whose behalf an application or letter is filed
City of Glendale
Information Sheet- Campaign Finance Ordinance
Applicants Seeking Entitlement
Submit to Library, Arts & Culture Department – 222 E. Harvard St. Glendale, CA 91205. For more information call 818-548-2030.
22 III. What is an entitlement?
An entitlement is any land use or similar entitlement including:
Permit License Conditional Use
Permit
Variance Architectural/Design
Review (any stage)
Franchise Administrative
Exception
Parking
Reduction
Permit
Review of Plans Development
Agreement
Disposition and
Development
Agreement
Exclusive
Negotiation
Agreement
Owner
Participation
Agreement
Affordable
Housing
Agreement
Financial
Assistance to a
Project
IV. When is an entitlement “pending?”
• For items that require approval of the Council, Redevelopment Agency or Housing Authority and thus must be set for review or hearing before that body, the application is deemed “pending” at the time the application or letter is filed. • For items where the Council, GRA, or HA is the appellate body, the application is “pending” when the notice of appeal has been filed.
• The three examples set forth below are intended to provide interpretive guidance:
(1) An application for a zone change is filed. Since a zone change can only be effectuated by the City Council, upon filing the application it would be pending before the City Council. (2) An application for a Conditional Use Permit is filed. Only at such time as the grant or denial of a Conditional Use Permit is appealed to the Council would it be pending before the City Council;
(3) An application for a variance in the Downtown Specific Plan (“DSP”) Area is filed. Since the Council has original jurisdiction over variances in the DSP, the variance application would be pending before the Council when filed.
V. Which contractors and subcontractors does the Ordinance apply to? • Contractor of applicant seeking entitlement – A person who has, or has been promised, a contract as an architect, design professional, engineer, or general or prime contractor with an applicant seeking entitlement.
• Subcontractor of applicant seeking entitlement – A person who has, or has been promised, a subcontract as an architect, design professional, engineer, or perform other work with a contractor of applicant seeking entitlement. • For the contractors of applicant seeking entitlement and the subcontractors of applicant seeking entitlement, the prohibitions on campaign contributions and voting on matters related to contributors applies not only to the entity that is the contractor or subcontractor but also to the following individuals or entities of the contractor or subcontactors: CEO/President, Chairperson, Chief Operations Officer, Chief Financial Officer, any member of the Board of Directors, and any individual or entity that owns 10% or more the contractor or subcontractor of applicant seeking entitlement, as well as any campaign committee that is sponsored and controlled by the contractor or subcontractor.
23 (To be Completed Prior to Preparation of Staff Reports for Consideration of Entitlement Matter by Council, Agency, or Authority, or at Time of Appeal to the City Council if the Applicant is also the Appellant) In August 2011, the Glendale City Council adopted Ordinance No. 5744, which became effective on September 9, 2011 (“Ordinance”). The Ordinance prohibits campaign contributions from “applicants seeking entitlement,” their contractors and subcontractors (including their architects, engineers, and design professionals) while the application is “pending” and for 12 months thereafter. The Ordinance also prohibits Council Members from voting on any matter pertaining to an entitlement if the Council member has received a campaign contribution from the applicant seeking the entitlement, or certain contractors or subcontractors of the applicant, within the 12-month period preceding the vote.
The Applicant and the Owner/Lessor hereby discloses as follows.
(If printing, please print legibly. Use additional sheets as necessary.) I. Name of Applicant and Name of Owner/Lessor on whose behalf application is filed:
Full Name Title Business Address City State Zip
Submit to Library, Arts & Culture Department – 222 E. Harvard St. Glendale, CA 91205.
For more information, call 818-548-2030.
City of Glendale
Disclosure - Campaign Finance Ordinance
Applicants Seeking Entitlement
24 II. Officers or owners/investors of Applicant Entity. Please also disclose the following persons or entities related to the applicant entity: CEO/President, Chairperson, Chief Operations Officer, Chief Financial Officer, any member of the Board of Directors, and any individual or entity that owns 10% or more the contractor of applicant seeking entitlement, as well as any campaign +
Full Name Title Business Address City State Zip
III. Contractor of Applicant(s) Seeking Entitlement*
Full Name Title Business Address City State Zip
* “Contractor of Applicant Seeking Entitlement” means “a person who has, or has been promised, a contract as an architect, design professional, engineer, or general or prime contract with an applicant seeking entitlement. “Contractor of applicant seeking entitlement,” includes not only the contracting party but also the CEO/President, Chairperson, Chief Operations Officer, Chief Financial Officer, any member of the Board of Directors, and any individual or entity that owns 10% or more the contractor of applicant seeking entitlement, as well as any campaign committee that is sponsored and controlled by the contracting party.
Please list the names and addresses of all of these parties.
IV. Subcontractor of Applicant(s) Seeking Entitlement**
Full Name Title Business Address City State Zip
** “Subcontractor of Applicant Seeking Entitlement” means “a person who has, or has been promised, a subcontract as an architect, design professional, engineer, or perform other work with a ‘contractor an applicant seeking entitlement.” 25 “Subcontractor of applicant seeking entitlement,” includes not only the subcontracting party, but also the CEO/President, Chairperson, Chief Operations Officer, Chief Financial Officer, any member of the Board of Directors, and any individual or entity that owns 10% or more the subcontractor of applicant seeking entitlement, as well as any campaign committee that is sponsored and controlled by the subcontracting party. Please list the name and addresses of all of these parties.
V. Disclosure. The Applicant Seeking Entitlement has made campaign or officeholder contributions in the preceding 12 months to City of Glendale elected officials as follows:
Elected Official Name of Individual or Entity Date of Contribution
I hereby certify, on behalf of the above-named applicant(s) and owner(s)/lessor(s), that the applicant seeking entitlement has made the campaign contributions as set forth above. I also certify that the names of all contractors of applicant and all subcontractors of applicant, as of today’s date, are fully set forth above. I further acknowledge that the applicant has a continuing obligation to update this disclosure form if the applicant selects additional or substitute architects, design professionals, contractors or subcontractors within ten (10) days of the selection or change. I hereby certify that I have been legally authorized by the applicant/owner/lessor to submit this disclosure form and certify to the content hereof.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on at , California
Applicant’s Signature , Print Applicant’s Full Name
Applicant’s Address
Applicant’s Contact Phone Number
Applicant’s Email Address