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MURAL ACCESS AGREEMENT
This Mural Access Agreement ("Agreement") is made entered into this ________ ___, 2024 (“Effective Date”), by and between the City of San Jacinto, with its principal place of business at 595 South San Jacinto Avenue, San Jacinto, California 92583 (“City”) and (BUSINESS OWNER/PROPERTY OWNER) as individuals (“Owner”). City and Owner are referred to collectively as the “Parties” or may be referred to individually as a “Party.”
RECITALS:
A. The Owner is the owner of certain real property located at (PROPERTY LOCATION), California (the “Property”).
B. The City desires to hire an artist (“Artist”) to paint a mural (“Mural”) upon the Property. The location and dimensions of the Mural is generally depicted in Exhibit “A”, attached hereto and incorporated herein by reference.
NOW, THEREFORE, the Parties hereto agree as follows:
1. License. Owner hereby grants to City, and its employees, contractors, subcontractors, suppliers, vendors, artists and agents (“Permitted Parties”), the right to access the Property for the purpose of installing, maintaining, operating and exhibiting the Mural on and in the Property.
2. Term. The term of this Agreement shall be for a period of ten (10) years from the Effective Date. Unless terminated as provided herein, this Agreement shall automatically renew thereafter for additional terms of ten (10) years each, and shall remain in full force and effect unless and until terminated. Upon the expiration or termination of this Agreement, City shall remove the Mural and the location of the Mural shall be restored to its prior condition, normal wear and tear excepted.
3. Mural Installation and Maintenance. City shall provide for the execution of the Mural, and be solely responsible for any and all costs associated therewith, including but not limited to, payment of fees to the Artist, scaffolding, paint, and any equipment necessary to complete the Mural. City shall be responsible for providing all materials necessary for any maintenance, removal or restoration of the Mural. City may remove the Mural from the Property if, in the sole judgment of City, the Mural is suffering damage.
If City removes the Mural from the Property, City will restore the location of the Mural to its original condition, normal wear and tear excepted. City retains all ownership rights to the Mural as an artistic work, including marketing, copyright and exhibition rights. Owner shall make no modifications to the Mural.
4. Owner’s Representations. Owner agrees that the placement of the Mural on Owner’s Property does not entitle Owner to use the Mural for any purpose, except with City’s prior written permission. Owner will not to interfere with the appearance or artistic impression of the Mural by, among other things, placing obstructions on or in front of it, by erecting structures adjacent to, above or below the Mural or by undertaking other 24438.00000\40920091.1 2
measures that would detract from enjoyment of the Mural. If a major renovation of the Property or emergency occurs as it relates to the location of the Mural, the Mural may be removed as agreed upon by the Parties.
5. Lease of Property. If Owner leases the Property, Owner will cause Owner's tenant or lessee to be made aware of and to honor this Agreement. If Owner sells or transfers the Property during the term of this Agreement, Owner will require the buyer/transferee to honor the terms hereof,
6. Termination. At the expiration of the initial ten (10) year term, either Party may terminate this Agreement upon thirty (30) days written notice to the other. Owner may terminate this Agreement for cause by submitting to City a written notice of termination specifying the reason for termination. City shall have thirty (30) days following receipt of the notice of termination to cure the default. City may terminate this Agreement, with or without cause, upon thirty (30) day written notice to Owner.
7. Miscellaneous. Neither Party shall assign or otherwise transfer its rights or obligations hereunder without the other Party’s prior written consent, which consent shall not unreasonably be withheld. This Agreement shall be binding on the successors and assigns of the Parties. This instrument constitutes the entire agreement between the Parties hereto pertaining to the subject matter hereof and all prior and contemporaneous agreements, representations and understandings of the Parties hereto, oral or written, are hereby superseded and merged herein. No supplement, modification, or amendment of this Agreement shall be binding unless in writing and executed by the Parties hereto.
This instrument shall be construed and enforced in accordance with, and governed by, the laws of the State of California. Venue shall be Riverside County. The headings of this instrument are for purposes of reference only and shall not limit or define the meaning of the provisions hereof. This Agreement may be executed in any number of counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. Should any term of this Agreement be deemed unlawful or unenforceable by a court of competent jurisdiction, that provision shall be severed and the remaining terms may continue to be fully enforced. The persons signing below represent and warrant that they have the requisite authority to bind the entities on whose behalf they are signing. Notice may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the Parties to the addresses set forth in this Agreement. [SIGNATURES NEXT PAGE]
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IN WITNESS WHEREOF, the Parties hereto have executed this instrument as of the Effective Date.
CITY OF SAN JACINTO
By:
Robert A. Johnson, City Manager
ATTEST:
By:
Julia Espinoza, City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
PROPERTY OWNER
By:
Property Owner
Printed Name: OWNER
By:
Property Owner
Printed Name: OWNER
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EXHIBIT “A”
[INSERT DEPICTION OF PROPERTY WITH THE LOCATION AND DEPICTION OF MURAL]