Agenda Item 10A(1) — Torrance City Council, February 10, 2026

10A
Date: February 10, 2026
To: Honorable Mayor and Members of the City Council
From: Ted Stevens, Community Services Director
By: Gia Boysen, Administrative Assistant | [email protected] Subject: Cultural Arts Commission and Community Services – Adopt RESOLUTION Approving the Mural Application by CTC Group at the DoubleTree by Hilton Torrance South Bay and Approve the Indemnification Agreement for Mural Artwork.

Expenditure: None.

RECOMMENDATION
Recommendation of the Cultural Arts Commission and Community Services Director that City Council:

1. Adopt a RESOLUTION (Mural #2026-00001) approving the recommendation of the Cultural Arts Commission for a public art mural application on property located within the Hawthorne Boulevard Corridor Specific Plan - Del Amo Business Sub-District One (H-DA1 Zone) at the DoubleTree Hilton Torrance South Bay, 21333 Hawthorne Boulevard and setting forth conditions of approval for the mural; and

2. Approve the Indemnification Agreement for Mural Artwork or a substantially similar agreement in a form approved by the City Attorney in order to establish clear responsibilities and risk allocation amongst the artist, applicant and City.

FUNDING
None required.

DISCUSSION
The City has received a public art mural application submitted by Linda Amato on behalf of DoubleTree by Hilton Torrance South Bay, a local hospitality business. The proposed mural will be installed on the southern exterior wall of the easternmost Hotel Tower located at 21333 Hawthorne Boulevard, Torrance. The exact placement on the wall is still to be determined.

The mural, designed by Los Angeles artist Robert Vargas (Vargaspresents.com), will feature Los Angeles Dodgers pitchers Shohei Ohtani, Yoshinobu Yamamoto, and Roki Sasaki. The artwork will depict the three athletes in dynamic pitching vignettes, spanning the length of the building façade in full color.
1 City Council
February 10, 2026

Page 2 ends

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1 In November 2024, the Torrance City Council adopted Ordinance No. 3941, which implemented the City’s Mural Policy. In accordance with Policy No. 4, Procedures 5.11, the Cultural Arts Commission reviewed the mural application and design rendering at their meeting on January 26, 2026, and approved recommending the art to the City Council.

As part of this process, the Resolution is recommended for adoption and the Indemnification Agreement between the City, the property owner (CTC Group), and the artist (Robert Vargas), is recommended for approval by the City Council. The Indemnification Agreement establishes clear responsibilities and risk allocation. The Indemnification Agreement requires the applicant and artist to:
 Defend, indemnify, and hold harmless the City from any claims related to the mural, including intellectual property disputes, bodily injury, property damage, or other liabilities; Maintain comprehensive general liability and intellectual property liability insurance coverage;
 Ensure compliance with all applicable laws and obtain necessary permissions for any likenesses, trademarks, or copyrighted materials used in the mural;  Provide remedies if the mural is found to infringe on third-party rights, including modification or removal at no cost to the City.

This agreement protects the City from legal and financial exposure while allowing the mural project to proceed in compliance with City policy and applicable laws.

ATTACHMENTS

1. Resolution

2. Indemnification Agreement for Mural Artwork

3. Mural Application

4. Artist Rendering

5. Exhibit A – Ordinance No. 3941

6. Exhibit B – City Policy Number 4
2 RESOLUTION NO. 2026-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TORRANCE, CALIFORNIA, APPROVING A

RECOMMENDATION OF THE CULTURAL ARTS COMMISSION

OF A PUBLIC ART MURAL APPLICATION AS PROVIDED FOR
IN DIVISION 9, CHAPTER 11, ARTICLE 11 OF THE TORRANCE

MUNICIPAL CODE ON PROPERTY LOCATED WITHIN THE

HAWTHORNE BOULEVARD CORRIDOR SPECIFIC PLAN-DEL
AMO BUSINESS SUB-DISTRICT ONE (H-DA1 ZONE) AT 21333
HAWTHORNE BOULEVARD.

MURAL #2026-00001: THE DOUBLETREE BY HILTON TORRANCE

SOUTH BAY (APPLICANT CTC GROUP/ARTIST ROBERT VARGAS)
______________________________________
WHEREAS, the City of Torrance (the “City”) is a charter city under California law with a recognized mandate to preserve, protect, and enhance the general health and welfare of its residents; and WHEREAS, the City understands the importance of art in public places and the role that murals play in enhancing public life for its citizens and businesses and in attracting tourists to the City to view artwork and to support local businesses in the City; and WHEREAS, the City Council adopted Ordinance 3941, which included a “Mural Policy” (“City Policy Number 4”), to support the creation of murals to foster the City’s cultural identity and encourage mural creation as part of the broader place-making efforts throughout the City; WHEREAS, per City Policy Number 4, mural projects are to be reviewed and recommended to the City Council by the City’s Cultural Arts Commission; and WHEREAS, the Cultural Arts Commission conducted a duly noticed public meeting on January 26, 2026 to consider a mural application filed by DoubleTree by Hilton Torrance South Bay (Applicant CTC Group/Artist Robert Vargas) to allow a mural installation on the southern elevation of eastern most Hotel Tower on property located within the Hawthorne Boulevard Corridor Specific Plan-Del Amo Business Sub-District One (H-DA1 Zone) at 21333 Hawthorne Boulevard; and WHEREAS, at the Cultural Arts Commission meeting on January 26, 2026, a motion to approve the project passed by a roll call vote of 3 to 2; and
WHEREAS, the City Council conducted a duly noticed public meeting on February 10, 2026 to consider a mural application filed by DoubleTree by Hilton Torrance South Bay (Applicant CTC Group/Artist Robert Vargas) to allow a mural installation on the southern elevation of easternmost Hotel Tower on property located within the Hawthorne Boulevard Corridor Specific Plan-Del Amo Business Sub-District One (H-DA1 Zone) at 21333 Hawthorne Boulevard (the “Mural”); and

NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF TORRANCE, FINDS AND DETERMINES THAT:
a) The project site is located at 21333 Hawthorne Boulevard (APN 7525-001-147); ATTACHMENT 1
3 b) The project site is described as “P M 137-13-15 EX OF ST LOT 14 AND ALL OF LOT 18” in the Office of the Los Angeles County Recorder, State of California; c) The project will not have a significant effect on the environment and is declared Categorically Exempt (Class 1) from further environmental review in accordance with the 2026 Guidelines for Implementation of the California Environmental Quality Act (“CEQA”), Article 19, Section 15301 – Existing Facilities;
d) The Mural shall comply with the Torrance Municipal Code, California Building and Fire Codes, all applicable State of California and Federal regulations, and all requirements of City Departments;
e) The Mural shall substantially conform to the rendering depicted on the submitted mural application, unless otherwise amended by these Conditions of Approval. Any subsequent modification of the Mural or structures thereon shall first be reported to the Torrance Cultural Arts Commission for review and approval;
f) The Mural design is consistent with the purpose and goals of the public art program; g) The Mural design content is suitable for a general audience; h) The Mural design adds to the character of the area and enhances the quality of public spaces; i) The Mural design does not conflict with the design of surrounding buildings or locations; j) The Mural design scale is appropriate for the location and public viewing; k) The Mural design does not contain words or images that would constitute signage or advertising for a business, product, or service. However, this may not, and shall not, be construed as a finding or determination by the City that all applicable federal and state intellectual property laws, including patents, trademark, copyright, trade secret laws or rights of publicity and privacy laws, or necessary licenses or authorizations have been complied with or obtained by APPLICANT and ARTIST.

NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF TORRANCE, AS FOLLOWS:

The mural application filed by DoubleTree by Hilton Torrance South Bay (Applicant CTC Group/Artist Robert Vargas) to allow a mural installation on the southern elevation of easternmost Hotel Tower on property located within the Hawthorne Boulevard Corridor Specific Plan-Del Amo Business Sub-District One (“H-DA1 Zone”) at 21333 Hawthorne Boulevard, on file in the Community Services Department of the City of Torrance, is hereby APPROVED subject to the following conditions:

1. That the approval of this Mural shall be valid for one (1) year from the date of the approval and shall become null and void and of no effect whatsoever after that date if not completed by such date;

2. That the Mural shall comply with all applicable laws, ordinances, and regulations of the City of Torrance, the State of California, and the United States, including but not limited to, trademark and copyright regulations, and shall not include any unauthorized commercial logos or protected marks;
4 3. That the Applicant CTC Group (“APPLICANT”) has consulted with Artist Robert Vargas (“ARTIST”) regarding compliance with federal and state intellectual property laws, including but not limited to, patent, trademark, copyright, trade secret laws and rights of publicity laws (collectively, “IP”), has provided Ordinance No. 3941 and Policy Number 4 to ARTIST, and has ensured or will ensure that ARTIST has obtained all necessary permissions and licenses or will obtain all necessary permissions and licenses prior to commencement of work on the Mural;

4. That the APPLICANT and/or ARTIST has obtained or will obtain all necessary permits and approvals required by the City and any other governmental entity prior to the installation of the Mural;

5. That the Mural does not and will not, in its final form:
a. Infringe any copyright, trademark, patent, or other IP rights of any third party; b. Violate any right of publicity or right of privacy of any living individual; c. Constitute or contain obscene, unlawful, defamatory, slanderous, or libelous content;
d. Incorporate the name, likeness, voice, signature, photograph, or image of any identifiable person or entity without proper authorization; and e. Use any team logo, name, or trademark of any professional sports organization, college, or other entity without proper authorization.

6. That the APPLICANT shall obtain comprehensive general liability insurance and IP liability coverage as herein required:
a. Required Coverage: Prior to commencing work on the Mural, ARTIST and APPLICANT shall obtain and maintain:
i. Commercial General Liability Insurance: Minimum coverage of $2,000,000 per occurrence and $4,000,000 general aggregate, on an “occurrence” basis, including products and completed operations, property damage, bodily injury, and personal and advertising injury. The City shall be named as an “additional insured” by endorsement;
ii. Workers' Compensation Insurance: As required by the State of California, with Statutory Limit and Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. iii. Certificate of Insurance: ARTIST and APPLICANT shall provide to the City Clerk of the City all certificate(s) of insurance including all required amendatory endorsements (or copies of the applicable policy language affecting coverage required by this clause) indicating appropriate coverage, before the commencement of work. Each insurance policy required by Section 6.A must contain a provision that no termination, cancellation or change of coverage can be made without notice to the City. All policies shall be with insurers rated “A” or better in the most recent edition of Best’s Key Rating Guide, and only if they are of a financial category Class VII or better, unless these requirements are waived by the City’s Risk Manager due to 5 unique circumstances. In the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to City, ARTIST and APPLICANT agree that the minimum limits of any insurance policies or performance bonds required by this Agreement may be changed accordingly upon receipt of written notice from the Risk Manager; provided that ARTIST and APPLICANT will have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of CITY within 10 days of receipt of notice from the Risk Manager. The CGL policy and Worker’s Compensation policy shall include waivers of subrogation by endorsement in favor of the City.
iv. Claims Made Policies: If any of the required policies provide coverage on a claims-made basis:

1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the APPLICANT must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

7. That the APPLICANT and ARTIST, by advancing the approved Mural, agree that the City, its employees, agents and officials, including present and future members of the City Council and the City’s boards and commissions (collectively, “City Indemnitees”), should, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, expense, attorney fees, litigation expenses, court cost or any other cost arising out of, or in any way related to, the issuance of this Mural approval, the activities conducted pursuant to this Mural approval, or the content and existence of the Mural. Accordingly, to the fullest, extent permitted by law, APPLICANT and ARTIST, their representative(s), and their successors shall defend, indemnify and hold harmless the City Indemnitees from and against any liability, claims, suits, actions, arbitration proceedings, regulatory proceedings, losses, expenses or cost of any kind, whether actual, alleged or threatened, including, but not limited to, actual attorney fees, litigation expenses and court costs of any kind without restriction or limitation, incurred in relation to, as a consequence of, arising out of, or in any way attributable to, actually, allegedly or impliedly, in whole or in part, the issuance of the Mural approval, the activities conducted pursuant to this Mural approval, or the content and existence of the Mural, including but not limited to:
a. Any claim that the Mural, or any portion thereof, infringes, dilutes, or violates any copyright, trademark, patent, trade secret, moral right, right of publicity, right of privacy, or other IP or proprietary right of any third party; b. Any assertion that the Mural improperly uses, depicts, or incorporates:
6 i. The name, likeness, image, photograph, voice, or signature of any identifiable person without written authorization from that person or their duly authorized representative;
ii. Any professional sports team's logo, name, colors, insignia, or other identifying marks without express written permission from the team or league;
iii. Any college, university or school athletic program's logo, name, colors, or identifying marks without express written permission;
iv. Any trademark, service mark, trade dress, or other distinctive commercial identifier without authorization;
v. Any claim of defamation, slander, libel, invasion of privacy, or violation of any person's publicity rights arising from the content or depiction in the Mural;
vi. Any claim that the Mural violates any applicable law, regulation, ordinance, or court order;
vii. Breach of any representation, warranty, or obligation by ARTIST and/or APPLICANT; and
viii. Any negligence, willful misconduct, or violation of law by ARTIST and/or APPLICANT in creating, designing, or installing the Mural.

APPLICANT and ARTIST, their representative(s), and their successors shall pay such obligations as they are incurred by City, its employees, agents and officials, and in the event of any claim or lawsuit, shall submit a deposit in such amount as the City reasonably determines necessary to protect the City from exposure to fees, costs or liability with respect to such claim or lawsuit. APPLICANT’s and ARTIST’s obligations to provide defense and indemnification to City Indemnitees will be formalized in an indemnification agreement prior to the commencement of work;

8. That the APPLICANT shall maintain the integrity of the Mural in good standing and a proactive approach to eliminate graffiti mural, or damage to, the mural, structures, fences/ walls, and accessory buildings on a daily basis and shall remove all graffiti within 24 hours of placement of graffiti;

9. That the City shall not be liable for any damage to the Mural caused by weather, vandalism, or other unforeseen circumstances, and acknowledges that maintenance, removal, or replacement shall be the sole responsibility of the APPLICANT;

10. That anything which is not shown on the mural rendering, or which is not specifically approved, or which is not in compliance with this section, is not approved. Any application and/or renderings which are defective as to, but not limited to, omissions, dimensions, scale, use, colors, materials, encroachments, easements, etc., shall render any approval(s) granted by this section null(s) and void. Installation of the mural must cease until all requirements of this section are complied with to the satisfaction of the Community Services Director.

Development entitlements may be withheld until Code violations are abated.

11. That the Mural should not exceed the height of the structure;

12. That the Mural should not extend more than six inches from the building façade of the easternmost Hotel Tower’s southern elevation;

13. That the Mural should not include electrical or moving components; 7 14. That the Mural should not cover windows or doors;

15. That the Mural should not promote the sale or use of firearms, or tobacco products;

16. That the Mural should not promote sexually oriented materials;

17. That the Mural should not promote any product, service or activity illegal under federal, state, or local law;

18. That upon completion, the APPLICANT shall notify the Community Services Director for a final inspection to ensure all conditions of approval are met prior to any release provided to the installing ARTIST.

INTRODUCED, APPROVED, and ADOPTED at the regular meeting of the City Council of the City of Torrance held on the _______ day of ____________, 2026. _______________________________
Mayor George K. Chen
APPROVED AS TO FORM:

Patrick Q. Sullivan, City Attorney ATTEST:
________________________________ _______________________________ Tatia Y. Strader, Assistant City Attorney Rebecca Poirier, MMC, City Clerk 8 1

INDEMNIFICATION AGREEMENT FOR MURAL ARTWORK
THIS INDEMNIFICATION AGREEMENT FOR MURAL ARTWORK (“Agreement”) is made and entered into as of _________________________ (“Effective Date”), by and among, the CITY OF TORRANCE, a California municipal corporation ("City"), CTC Group, [Type of Entity], owner of the DoubleTree by Hilton Torrance South Bay on property located at 21333 Hawthorne Boulevard ("APPLICANT"), and Robert Vargas, an individual ("ARTIST").

RECITALS:

A. The APPLICANT owns the building more commonly known as the DoubleTree by Hilton Torrance South Bay on certain real property located at 21333 Hawthorne Boulevard in the City of Torrance (the "Property");
B. The ARTIST has agreed to create and install a mural artwork on the exterior of the building on the Property (the "Mural");
C. In accordance with Ordinance No. 3941, which included a “Mural Policy” (City Policy Number 4), the CITY has approved APPLICANT’s application for the Mural on the condition that ARTIST and APPLICANT allocate liability and responsibility with respect to intellectual property (“IP”) rights and third-party claims, and agree to defend, indemnify and hold harmless the CITY and to provide the insurance coverage as set forth in this Agreement and required by Resolution No. 2026- XXX.

AGREEMENT:

1. REPRESENTATIONS AND WARRANTIES
A. ARTIST's Representations
ARTIST represents, warrants, and covenants that:

1. ARTIST is the sole creator and owner of all original creative works incorporated in the Mural, or ARTIST has obtained all necessary licenses, permissions, and releases to incorporate any non-original materials or will obtain them prior to commencing any work on the Mural;

2. The Mural does not and will not, in its final form:
a. Infringe any copyright, trademark, patent, or other IP rights of any third party;
ATTACHMENT 2
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b. Violate any right of publicity or right of privacy of any living individual;
c. Constitute or contain obscene, unlawful, defamatory, slanderous, or libelous content;
d. Incorporate the name, likeness, voice, signature,
photograph, or image of any identifiable person or entity without proper authorization; and
e. Use any team logo, name, or trademark of any professional sports organization, college, university or other entity without proper authorization.

3. ARTIST has obtained all necessary written authorization or licenses from all rights holders whose likenesses, names, or intellectual property are depicted or referenced in the Mural, and ARTIST shall provide copies of all such authorizations to the CITY upon request;

4. The Mural complies with all applicable laws, ordinances, and regulations of the CITY , the State of California, and the United States;

5. ARTIST has obtained comprehensive general liability insurance and IP liability coverage as required under this Agreement; and

6. ARTIST is not an employee of the CITY and is not entitled to CITY employee benefits, workers’ compensation coverage, or
unemployment insurance benefits.

B. APPLICANT’s Representations
APPLICANT represents and warrants that:

1. APPLICANT has full legal authority to permit installation of the Mural on the Property;

2. APPLICANT has received and reviewed the CITY's Ordinance No. 3941 and City Policy Number 4, which are attached as Exhibits A and B, and understands the requirements for IP compliance;

3. APPLICANT has consulted with ARTIST regarding IP compliance, has provided the CITY’s Ordinance No. 3941 and City Policy Number 4 to ARTIST, and has ensured or will ensure that ARTIST has obtained all necessary permissions and licenses or will obtain 10 3
all necessary permissions and licenses prior to commencement of work on the Mural;

4. APPLICANT has obtained or will obtain all necessary permits and approvals required by the CITY and any other governmental entity prior to the installation of the Mural;

5. The Mural complies with all applicable laws, ordinances, and regulations of the City, the State of California, and the United States;

6. The Mural does not and will not, in its final form:
a. Infringe any copyright, trademark, patent, or other IP rights of any third party;
b. Violate any right of publicity or right of privacy of any living individual;
c. Constitute or contain obscene, unlawful, defamatory, slanderous, or libelous content;
d. Incorporate the name, likeness, voice, signature,
photograph, or image of any identifiable person or entity without proper authorization; and
e. Use any team logo, name, or trademark of any professional sports organization, college, or other entity without proper authorization.

7. APPLICANT has obtained comprehensive general liability insurance and IP liability coverage as required under this Agreement.

2. GENERAL INDEMNIFICATION
A. Indemnification Obligation to the City.

To the fullest extent permissible under the law, ARTIST and APPLICANT (“Indemnifying Party”) shall indemnify, defend, save and hold harmless the CITY, the City Council, each member thereof, present and future, members of boards and commissions, their respective officers, directors, 11 4
employees, agents, volunteers and representatives (collectively, the "CITY Indemnitees") from and against any and all claims, losses, causes of action, demands, settlements, judgments, injunctions, charges, liability, expenses, including defense costs, legal fees and expert expenses, and claims for damages whatsoever, including, but not limited to, those arising from breach of contract, bodily injury, death, personal injury, property damage, loss of use, or property loss however the same may be caused and regardless of the responsibility for negligence, misconduct, violation of law, or fault, arising from, connected with, or in any manner relating to:

1. Breach of any representation, warranty, or covenant contained in this Agreement by INDEMNIFYING PARTY;

2. Negligence, willful misconduct, or violation of law by ARTIST and/or APPLICANT in the performance of work contemplated by this Agreement;

3. Any claim that the Mural infringes, violates, or is alleged to infringe or violate any intellectual property right, including but not limited to copyright, trademark, patent, rights of publicity, or moral rights of any third party;

4. The approval, installation, maintenance, or removal of, or any other activities conducted pursuant to, the Mural, including any damage to public or private property;

5. Any bodily injury, death, or property damage caused by, arising out, of or related to, the Mural, the ARTIST's work, or the performance of services under this Agreement;

6. Any defect in materials, workmanship, design, or structural integrity of the Mural;

7. Any claim, damage, or liability arising from or related to the Mural’s content, appearance or message;

8. The CITY’s or any third party's reliance on or use of information or materials provided by ARTIST and/or APPLICANT;

9. The failure to obtain or maintain required permits, licenses or approvals; and
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10. Any claims by property owners, adjacent property owners, or third parties regarding or related to the Mural.

B. Defense at ARTIST’s and/or APPLICANT’s Expense.

When a claim subject to indemnification is brought against the CITY, the ARTIST and/or APPLICANT shall defend the CITY Indemnitees at their sole costs and expense, using legal counsel reasonably acceptable to the CITY. The CITY Indemnitees' decision to accept defense counsel chosen by ARTIST and/or APPLICANT shall not constitute a waiver of ARTIST's and/or APPLICANT’s obligations hereunder. The CITY reserves the right to participate in the defense at the ARTIST’s and/or APPLICANT’s expense.

C. No Consequential, Indirect, Incidental or Punitive Damages.

ARTIST’s and APPLICANT’s indemnification obligation to CITY Indemnitees shall apply to the fullest extent permissible under the law, and regardless of whether the CITY Indemnitees are partially or wholly at fault for any claim. The CITY shall not be liable for any consequential, indirect, incidental, or punitive damages arising from such claims.

3. INTELLECTUAL PROPERTY INDEMNIFICATION
A. Indemnification Obligation to the CITY.

To the fullest extent permissible under the law, ARTIST and APPLICANT shall defend, indemnify, and hold harmless the CITY Indemnitees from and against any and all claims, losses, causes of action, demands, settlements, judgments, injunctions, charges, liability, expenses, including defense costs, legal fees and expert expenses, and claims for damages whatsoever, however the same may be caused and regardless of the responsibility for negligence, misconduct, violation of the law, or fault, arising from, connected with, or in any manner relating to:

1. Any claim that the Mural, or any portion thereof, infringes, dilutes, or violates any copyright, trademark, patent, trade secret, moral right, right of publicity, right of privacy, or other intellectual property or proprietary right of any third party;

2. Any assertion that the Mural improperly uses, depicts, or incorporates:
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a. The name, likeness, image, photograph, voice, or signature of any identifiable person without written authorization from that person or their duly authorized representative;
b. Any professional sports team's logo, name, colors, insignia, or other identifying marks without express written permission from the team or league;
c. Any college, university or school athletic program's logo, name, colors, or identifying marks without express written permission; d. Any trademark, service mark, trade dress, or other distinctive commercial identifier without authorization;
e. Any claim of defamation, slander, libel, invasion of privacy, or violation of any person's publicity rights arising from the content or depiction in the Mural;
f. Any claim that the Mural violates any applicable law, regulation, ordinance, or court order;
g. Breach of any representation, warranty, or obligation by ARTIST and/or APPLICANT under this Agreement; and
h. Any negligence, willful misconduct, or violation of law by ARTIST and/or APPLICANT in creating, designing, or installing the Mural.

B. Defense at ARTIST’s and/or APPLICANT’s Expense.

If the Mural is held or determined by a court of competent jurisdiction to infringe third-party intellectual property rights, the ARTIST and/or APPLICANT shall, at their sole expense:

1. Obtain written permission or license from the rights holder allowing continued display of the Mural;

2. Modify or replace the Mural so that it becomes non-infringing while retaining substantially similar aesthetic appeal; or

3. If neither option (1) nor (2) is practicable, remove the Mural and restore the property to its original condition at no cost to the CITY.

4. LIMITATIONS ON INDEMNIFICATION
A. No Indemnification for CITY Negligence.

The indemnification obligations in Sections 2 and 3 shall not apply to the extent any claim arises from the sole negligence or willful misconduct of the CITY Indemnitee(s) seeking indemnification. However, in cases of comparative negligence, the Indemnifying Party shall be responsible for the Indemnifying Party's proportionate share of liability.

B. No Indemnification for City's Review
CITY's approval of the Mural application shall not constitute a waiver of any indemnification obligation by ARTIST and APPLICANT, nor shall it create any obligation for the CITY to audit, investigate, or independently verify that all necessary IP licenses or authorizations have been obtained.

ARTIST and APPLICANT retain sole responsibility for ensuring IP compliance. CITY’s approval of the Mural application may not and shall not be construed as a finding or determination by the CITY that applicable federal and state laws, including but not limited to, IP laws or rights or publicity and privacy laws, or necessary licenses or authorizations required under those laws, have been complied with or obtained by APPLICANT or ARTIST.

C. Survival
All indemnification obligations shall survive termination or expiration of this Agreement.

D. No Limitation Because of Insurance
The insurance requirements set forth in Section 5 shall not limit ARTIST’s or APPLICANT’s indemnification obligations under Sections 2 and 3. 15 8

5. INSURANCE
A. Required Coverage
Prior to commencing work on the Mural, ARTIST and APPLICANT shall obtain and maintain:

1. Commercial General Liability Insurance: Minimum coverage of $2,000,000 per occurrence and $4,000,000 general aggregate, on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury. The City will be named as an “additional insured” by endorsement.

2. Workers' Compensation Insurance: As required by the State of California, with Statutory Limit, and Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

B. Certificate of Insurance
ARTIST and APPLICANT shall provide to the City Clerk of the CITY all certificate(s) of insurance including all required amendatory endorsements (or copies of the applicable policy language affecting coverage required by this clause) indicating appropriate coverage, to the City Clerk of the CITY before the commencement of work. Each insurance policy required by Section 5.A must contain a provision that no termination, cancellation or change of coverage can be made without notice to the CITY. All policies shall be with insurers rated “A” or better in the most recent edition of Best’s Key Rating Guide, and only if they are of a financial category Class VII or better, unless these requirements are waived by the Risk Manager of the CITY (“Risk Manager”) due to unique circumstances. In the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to CITY, ARTIST and APPLICANT agree that the minimum limits of any insurance policies or performance bonds required by this Agreement may be changed accordingly upon receipt of written notice from the Risk Manager; provided that ARTIST and APPLICANT will have the right to 16 9
appeal a determination of increased coverage by the Risk Manager to the City Council of CITY within 10 days of receipt of notice from the Risk Manager. The CGL policy and Worker’s Compensation policy shall include waivers of subrogation by endorsement in favor of the CITY .

C. Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:

1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Vendor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

6. GENERAL PROVISIONS
A. Entire Agreement. As to the subject of indemnity, defense and hold harmless obligations and related risk allocation, this Agreement, together with the Exhibits, constitute the entire agreement among the parties and supersedes all prior negotiations, representations, and agreements on those subjects.

B. Amendment. This Agreement may be amended only by a written document signed by all three parties.

C. Governing Law; Jurisdiction. This Agreement will be administered and interpreted under the laws of the State of California. Jurisdiction of any litigation arising from the Agreement will be in Los Angeles County, California.

D. Severability. If any provision is found to be invalid or unenforceable, such provision shall be severed, and all remaining provisions shall remain in full force and effect, and shall be construed to give maximum lawful effect to the Parties’ intent.
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E. Counterparts ; Electronic Signatures. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Signatures transmitted by electronic means shall be deemed original signatures to the fullest extent permitted by California law.

F. No Waiver. No waiver of any provision or breach shall be effective unless in writing and signed by the waiving party. No waiver of any breach shall constitute a waiver of any other breach.

G. Independent Parties. Each party is an independent party and not an agent, employee, or representative of any other party.

H. Attorney's Fees. In any legal action to enforce this Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs.

CITY OF TORRANCE, CTC Group, [Type of Entity]
a municipal corporation (“APPLICANT”)
_______________________________ ________________________________ George K. Chen, Mayor [Name]
[Title]
ATTEST:

Robert Vargas, an individual
(“ARTIST”)
______________________________
Rebecca Poirer, MMC,
City Clerk
________________________________
[Name]
APPROVED AS TO FORM: [Title]
PATRICK Q. SULLIVAN
City Attorney
By: _________________________________
Jennifer Vicente Guerrero
Deputy City Attorney
Attachments:

Exhibit A Ordinance No. 3941
Exhibit B City Policy Number 4
18 From: [email protected]
To: Cultural Services
Subject: Torrance Arts & Venues: Mural Application
Date: Thursday, December 4, 2025 12:25:05 PM
A new entry to a form/survey has been submitted.

Form Name: Mural Application
Date & Time: 12/04/2025 12:24 PM
Response #: 2
Submitter ID: 71339
IP address: 167.187.101.222
Time to complete: 14 min. , 9 sec.

Survey Details

Page 1 ends

All requirements listed below must be met or the application will be removed from consideration.

Application to be filled out by the Property Owner or by Property Manager/Representative with verifiable concurrence from Property Owner.

1. Name of person completing application:

Linda Amato

2. Company Name at proposed mural location:

Doubletree by Hilton Torrance South Bay

3. Company/business address, phone, website:

Address 21333 Hawthorne Blvd
Phone number (310) 765-4409
Website www.hilton.com

4. Name and address of Property owner(s)

who guarantees financial responsibility for the mural and mural upkeep:

Name CTC Group
Address 21333 Hawthorne Blvd Torrance CA 90503

5. Property owner or liaison email address:
[email protected]

6. Property owner or liaison phone and extension:
(310) 765-4409
ATTACHMENT 3
19 7. Exact location for the mural:
21333 Hawthorne Blvd/side of builiding to be determined

8. Name of the Artist(s):

Robert Vargas

9. Artist(s) email, phone, and website:

Name Robert Vargas
Phone number (310) 702-6131
Website [email protected]

10. Title of mural being proposed, if available:

Ohtani

11. A concept drawing that shows a sketch of the proposed mural. Include the dimensions of the mural and approximate location on the structure for the proposed mural. A digital rendering of the proposed mural and a depiction of placement on the structure is recommended. ohtani.jpg

12. If property is sub-leased, provide confirmation of sub-lessee(s) awareness of proposed mural

13. Provide business names and contacts for subject property sub-lessees, as applicable Name NA
Phone Number Not answered
Name Not answered
Phone number Not answered

14. Artist's other murals or artworks

15. How did you learn about the mural program?
City of Torrance
Discover Torrance

16. Written acknowledgement from the artist of the following (include/upload with application):
a. Artist confirms that the mural design is their original artwork, and b. Artist agrees that mural will automatically become the property of the business owner with no compensation from the City of Torrance, and
c. Artist acknowledges that the City has no obligation to keep confidential any submissions made to the City.
(○) Not Included

17. Please attach the written acknowledgement from the artist as referenced in Question 16, if available. 20 18. Property owner agrees the City of Torrance may use or redistribute submissions made to the City and their contents for any purpose and in any way and that there is no obligation for the City of Torrance to review a submission.
(○) No

19. Business Owner DISCLAIMER

a. I have read the attached information and agree to the rules & regulations stated. The undersigned agrees to indemnify and hold harmless, the City of Torrance, Its Council, Officers, Boards, Commissions, Agents, associated Foundations and Employees for any loss or liability which results or is alleged to have resulted from my participation in this event, including any claim arising out of the applicants entry, acts, or omissions in said contest or any accident, injury or damage involved therein, including but not limited to attorney fees and court costs. I have read and fully understand these policies. I am an adult and my signature is below.

Linda Amato
Thank you,
Torrance Arts & Venues
This is an automated message generated by Granicus. Please do not reply directly to this email. 21 •
ATTACHMENT 4
22 ORDINANCE NO. 3941

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF TORRANCE, CALIFORNIA, AMENDING SECTION
911.2.260 OF ARTICLE 2 OF CHAPTER 11 OF DIVISION 9

OF THE TORRANCE MUNICIPAL CODE RELATING TO
“ORIGINAL ART DISPLAY,” RENUMBERING EXISTING
ARTICLE 10 OF CHAPTER 11 OF DIVISION 9 RELATING
TO “ENFORCEMENT” AS A NEW ARTICLE 11 OF
CHAPTER 11 OF DIVISION 9, AND ADDING SECTION
911.10.010 OF ARTICLE 10 OF CHAPTER 11 OF
DIVISION 9 “MURAL POLICY” SETTING POLICY FOR

MURALS ON PUBLIC AND PRIVATE PROPERTIES
WHEREAS, California Constitution Article X!1, Section 7 provides that a city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and
WHEREAS, the City wishes to encourage the installation of murals, but prevent the proliferation of off-site commercial signs; and
WHEREAS, the City’s mural policy exclude commercial advertising on murals to prevent the installation of the equivalent of an off-site commercial sign on a mural; and WHEREAS, the United States Supreme Court ruled that the cities can ban off-site commercial signs, but can have exemptions for noncommercial signs and on-site commercial signs; and WHEREAS, the City wishes to mitigate blight, graffiti, and vandalism; and WHEREAS, the City wishes to support the creation of murals to foster the City’s cultural identity and encourage mural creation as part of the broader place-making efforts throughout the City; and
WHEREAS, the design, construction, installation, repair, and maintenance of murals will not interfere with traffic safety or otherwise endanger public safety.

THE CITY COUNCIL OF THE CITY OF TORRANCE DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1
Chapter 11 of Article 2 of Division 9, Section 911.2.260 of the Torrance Municipal Code is amended to read in its entirety as follows:
911.2.260 ORIGINAL ART DISPLAY.
"Original art display" means a work of visual art that is either affixed, placed or painted directly on to the exterior wall of a structure with the permission of the property owner.”

ATTACHMENT 5
23 SECTION 2
Article 10 of Chapter 11 of Division 9 entitled Enforcement is renumbered and amended to read in its entirety as follows:
“ARTICLE 11 - ENFORCEMENT
911.11.010 ENFORCEMENT.

It shall be the duty of the Community Development Director to enforce the provisions of this Chapter. The Chief of Police and all officers charged with the enforcement of the law shall assist the Community Development Director in the enforcement of this Chapter. 911.11.020 RIGHT OF ENTRY.

Upon presentation of proper credentials, the Community Development Director or his duly authorized representative may enter at reasonable times, any building, structure or premises in the City to perform any duties imposed upon him by this Chapter. 911.11.030 ABATEMENT OF NONCONFORMING SIGNS.
a) A period of 10 years subsequent to the date of the adoption of this Chapter is hereby established for the abatement of signs legally existing prior to said date but which signs become nonconforming as a result of regulations contained herein. This provision applies to signs previously permitted by variance or other zoning exception as well as to signs otherwise established. Illegally erected signs are subject to immediate abatement. b) Nonconforming, painted, wall signs are subject, in addition to the abatement procedures set forth, to immediate abatement when the business occupying the premises changes to a different business or different owner necessitating repainting of the signs. c) Abatement periods established herein are subject to appeal before the Planning Commission and City Council.
911.11.040 UNSAFE AND UNLAWFUL SIGNS.
a) Signs and sign structures shall be maintained at all times in a state of good repair, safe and secure with all braces, bolts, clips, supporting frame and fastenings free from deterioration, termite infestation, rot, rust or loosening, able to withstand at all times the wind pressure for which they were originally designed.
b) No person maintaining any sign, sign structure or billboard shall fail to keep the ground space within 8 feet from the base of said sign, signboard, billboard or advertising structure free and clear of weeds, rubbish and other flammable waste material. 24 Cc) Ifthe Community Development Director shall find that any sign or other advertising structure regulated herein is unsafe or insecure, or is a menace to the public, or has been constructed or erected or is being maintained in violation of the provisions of this Section, the permittee or owner thereof shall be given written notice. If the permittee or owner fails to remove or alter the structure so as to comply with the standards herein set forth within 30 days after such notice, such sign or advertising structure may be removed or altered to comply by the Community Development Director at the expense of the permittee or owner of the property upon which it is located. The Community Development Director shall refuse to issue any subsequent building, electrical, plumbing or mechanical permits for the property on which the offending sign was located if any owner or permittee shall refuse to pay costs so assessed. The Community Development Director may cause any sign or other advertising structure which is an immediate peril to persons or property to be removed summarily and without notice.
d) The Community Development Director may cause any illegal temporary sign, including flags, pennants, banners and temporary window signs to be removed within a 24-hour period.”
SECTION 3
Section 911.10.010 of the Torrance Municipal Code is be added to read in its entirety as follows:
“Article 10 -MURALS
911.10.010 MURAL POLICY
The City Council adopts the Mural Policy adopted by resolution as City Policy 4. The Mural Policy may be revised from time to time by resolution.”
SECTION 4
lf any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Ordinance.

The City Council of the City of Torrance hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or other portions might subsequently be declared invalid or unconstitutional.

SECTION 5
Any inconsistent provisions of the Torrance Municipal Code, or any other inconsistent ordinances of the City, are repealed, to the extent of the inconsistencies. 25 SECTION 6
~~
This ordinance was reviewed pursuant to the California Environmental Quality Act (Public Resources Code§§ 21000, et seq., "CEQA") and the regulations promulgated thereunder (14 Cal.

Code of Regulations §§15000, et seq., the "CEQA Guidelines"). This ordinance is exempt pursuant to CEQA Guidelines 15378, because the activity undertaken involves general text amendments that would not cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and does not meet the definition of a "Project" under CEQA. The proposed Ordinance is also exempt from CEQA Guidelines under Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. The ordinance consists only of artwork display regulations. Adoption of this ordinance will not have the effect of deleting or substantially changing any regulatory standards or required findings.

SECTION 7
This ordinance shall take effect 30 days after the date of its adoption. Within 15 days following adoption, this ordinance or a summary of this ordinance if authorized by the City Council, will be published at least once in the Daily Breeze, a newspaper of general circulation, published and circulated in the City of Torrance.

INTRODUCED and APPROVED this 19th day of November, 2024.

ADOPTED and PASSED this 17th day of December, 2024.

J pK
Mayo} George K K. Chen
APPROVED AS TO FORM: “Or
VA 2A Pike 2 4 £
Patrick Q. Sullivan, City Attorney Rebecca Poirier, City C

26 TORRANCE CITY COUNCIL ORDINANCE NO. 3941

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) gs

CITY OF TORRANCE )
|, Rebecca Poirier, City Clerk of the City of Torrance, California, do hereby certify that the foregoing Ordinance was duly introduced and approved by the City Council of the City of Torrance at a regular meeting held on the 19" day of November 2024 and adopted and passed by said Council at a regular meeting held on the 17" day of December 2024 by the following roll call vote:

AYES: COUNCILMEMBERS Gerson, Lewis, Kaji, Kalani, Mattucci, Sheikh, and Mayor Chen
NOES: COUNCILMEMBERS None.

ABSTAIN: COUNCILMEMBERS None.

RECUSED: COUNCILMEMBERS None.

ABSENT: COUNCILMEMBERS None.

VAD - .

Mer
/ y Ixy / (Fif Rebécca Poirier, MMC
Date: City Clerk of the City of Torrance

27 ATTACHMENT 6
28 29
30 31
32 33
34

Torrance City CouncilFebruary 10, 2026

Torrance City Council
February 10, 2026