Vista City Council
June 23, 2026

ACTION:

Clerk/Secretary
Department: Recreation & Community Services Item No: C11 Prepared by: Margaret Hamer, Director Meeting Date: June 23, 2026 Approved by: John Conley, City Manager Agenda Location: Consent Calendar SUBJECT: P

UBLIC MURAL PROJECTS

RECOMME
NDATION: Adopt City Council Resolution No. 2026- , approving the Public Arts Commission’s recommendation to install five murals for public display in five different locations.

CORRELATI
ON TO CITY COUNCIL GOALS: Parks and Recreation.

PRIOR ACT
ION: On November 12, 2024, adopted City Council Resolution No. 2024- 190, amending the Operating Budget for Fiscal Years 2023/24 and 2024/25 and amending the Capital Project Budget for Fiscal Years 2024/25 and 2025/26. (Vote: 5-0).

On Novem
ber 12, 2024, approved the Public Arts Commission's recommendations for the establishment of a public art pilot program to address graffiti and adopted City Council Resolution No. 2024-189, authorizing the submittal of an application for the San Diego County's Community Enhancement Grant Program. (Vote: 5-0).

On Apri
l 9, 2024, discussed the establishment of a public art program to address areas affected by graffiti and provided direction to staff to have the Public Arts Commission make recommendations for the development of a program (No Vote).

PRIOR P
UBLIC ARTS COMMISSION ACTION: On June 10, 2026, selected five artworks for public display (Vote: 7-0).

STATEM
ENT ON THE SUBJECT: The Public Arts Commission's Public Murals Program provides opportunities to showcase original artwork in public spaces, celebrating creativity, enhancing community character, and discouraging graffiti vandalism through the activation and beautification of public areas. The program seeks to foster a vibrant and accessible public art experience that:
• Enhances Vista's visual landscape through diverse and original works of art; • Encourages public appreciation of art and recognition of local and regional artists; • Engages residents and visitors by increasing awareness of the City of Vista's Public Art Program, featured artists, and commissioned artworks; and
• Provides artists with meaningful opportunities to share and promote their work within the community.

The Palm Dr
ive Public Art proposal was received March 6, 2026. as presented in Exhibit 2. The proposals for 347 Main Street, 123 West Orange Street, 307 Main Street, and 234 Pala Vista Drive were submitted on May 2, 2026.

AGENDA
REPORT

CITY COUNCIL

COMMUNITY DEVELOPMENT COMMISSION

SUCCESSOR AGENCY

BUENA SANITATION DISTRICT

JOINT POWERS FINANCING AUTHORITY
06/23/2026
C11
1 of 73
MEETING DATE: June 23, 2026
PAGE 2
SUBJECT: PUBLIC MURAL PROJECTS

On June 10, 2026, the Public Arts Commission selected the following five renderings of mural art for public display:

Mural Name | Cost: Location: Artist Name:

Boho Vista | $15,000 215 Palm Drive Cyril Rigmaiden, Lydia Martin, Hunter Heinrich Hummingbird | $15,000 347 Main Street Jason Hailey artist known as Chor Boogie Lion | $15,000 123 W. Orange St. Jason Hailey artist known as Chor Boog Boogie Birds | $15,000 307 Main Street Jason Hailey artist known as Chor Boogie Kites Over Vista | $10,000 234 Pala Vista Drive Jason Hailey artist known as Chor Boogie

Scale representations of mural submissions are included in the Public Notice attached as Exhibit 3.

FISCAL IMPACT: Sufficient funds will be available in fiscal year 2026/27 budget via Capital Budget Account No. 0026555.575000.8296 for the $10,000 Pala Vista D rive mural. Staff recommends use of the following funds for the other mural proposals:
• Graffiti Abatement Pilot Program Account No. 0010145.531500.YC24B, $45,000 for the Hummingbird, Lion, and Boogie Birds murals.
• Public Arts Commission Year -End Funding Account No. 0010500.531500.YE25, $15,000 for the Boho Vista mural.

EXHIBITS:

1. City Council Resolution No. 2026- , approving the Public Arts Commission's recommendation to install five murals for public display in five different locations

2. Public Art Proposals

3. Public Notice

4. City Council Policy 400-04, Artworks in Public Places

5. Covenant Agreement for the Installation of the Lion Mural

6. Covenant Agreement for the Installation of the Hummingbird Mural

7. Grant Agreement for Public Art Pilot Program to Address Graffiti for Lion Mural

8. Grant Agreement for Public Art Pilot Program to Address Graffiti for Hummingbird Mural

9. Grant Agreement for Public Art Pilot Program to Address Graffiti for Boogie Birds Mural

10. Artist Agreement for Public Art Kites Over Vista Mural

11. Artist Agreement for Public Art Boho Vista Mural

06/23/2026
C11
2 of 73
RESOLUTION NO. 2026-

A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF VISTA, CALIFORNIA, APPROVING THE PUBLIC ARTS COMMISSION’S

RECOMMENDATION TO INSTALL FIVE MURALS FOR PUBLIC DISPLAY IN

FIVE DIFFERENT LOCATIONS
The City Council of the City of Vista does resolve as follows:

1. Findings. The City Council hereby finds and declares the following:

A. On June 10, 2026, the Public Arts Commission reviewed, discussed and voted to approve proposals for five murals to be publicly displayed in five locations: 307 Main Street, 347 Main Street, 234 Pala Vista Drive, 215 Palm Drive, and 123 West Orange Street (Vote: 7-0).

2. Action.

A. The five murals approved by the Public Arts Commission are approved for display, and the City Manager is authorized to execute the Grant Agreements and the Mayor is authorized to execute the Covenant and Artist Agreements.

3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on June 23, 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY
By:

JOHN B. FRANKLIN, MAYOR
ATTEST:

KATHY VALDEZ, CITY CLERK
By:
06/23/2026
C11
3 of 73
EXHIBIT 1
PUBLIC ART PROPOSAL (Attachment)
Name of Artist(s): Cyril Rigmaiden, Lydia Martin, Hunter Heinrich Type of Artwork: Mural
Title of Artwork: Palm Dr Project - Boho Vista

3. Describe the materials comprising the artwork, dimensions, approximate weight, finish, color, and any special treatments or pr
otective coatings applied to
the artwork.

The mural is comprised of high-quality, 100% acrylic outdoor masonry paints and lightfast pigments applied to a prepared cementitious stucco wall. The dimensions are [Insert Dimensions, e.g., 12’ x 25’], and the added weight to the structure is negligible (approx. 15–20 lbs of cured material). The artwork features a vibrant, "Boho Vista" themed palette with a matte-to-satin
finish designed to complement the archit
ectural
texture of the site. Special treatments include an initial alkali-resistant masonry primer to prevent PH-related fading and a
final dual-layer protective shield: a
UV
-resistant clear coat to prevent sun damage and a wax-based or siloxane-shield anti-graffiti coating for long-term preser
vation.

4. Describe the method for mounting or displaying the artwork. Include a description of the materials and appearance of the base, fixtures or other visible
physical features displaying the ar
t.

The mural is integrated directly into the building’s exterior through a process of chemical and mechanical bonding. After professional cleaning and priming, the artwork is applied using a professional sprayer for broad coverage, followed by heavy-nap rollers (1" to 1.25" thick). The long
fibers of the nap drive the pigment deep into the
stucco "valleys," ensuring the ar
t is embedded in the stone-like texture rather than
06/23/2026
C11
4 of 73
EXHIBIT 2
sitting on the surface. Fine details are hand-painted with stiff-bristled brushes using a "stippling" motion
to maintain sharp lines across the uneven grain. The final result is a seamless ar
chitectural feature with no visible mounting hardware or external fixtures.

5. Describe the anticipated life of the artwork in the proposed location.

The anticipated lifespan is 10 years, supported by high-grade industrial masonry pigments and specialized UV-protective sealants.

6. Describe how the artwork might change appearance over time.

The mural is designed to age gracefully; however, minor UV fading may occur over a decade of exposure to direct California sunlight. The protective clear coat is intended to minimize this shift and prevent yellowing or peeling.

7. Describe the methods and techniques to maintain the artwork. Include a maintenance plan, estimated costs of maintenance, and how maintenance will be funded.

The Vista Art Foundation will manage all maintenance and repairs. High-quality touch-up paint will be archived with the Foundation for future use. If repair or graffiti removal is r
equired, the Foundation will coordinate with the City and the original artists to complete the work within 60 days. Maintenance is funded through the initial project allocation and the Foundation’s ongoing public art stewardship budget.

8. Specify rights that will be retained by the artist(s). ● Intellectual Property: The artists retain full copyright to the design, including exclusive rights to reproductions and digital likenesses. ● Attribution: The artists retain the right to be identified via a discrete signatur e
and date on the mural.
● Notice of Removal: The City shall provide 90 days' written notice prior to any planned removal or alteration, during which the artists may document the work. 06/23/2026
C11
5 of 73

06/23/2026
C11
7 of 73

PUBLIC ART PROPOSAL

Name of Artist(s): Jason Hailey, artist known as Chor Boogie, Type of Artwork: Fine Art Spray Paint Murals
Title of Artwork: Lion, Hummingbird, Boogie Birds, Kites This form is to be used by those seeking to donate artwork to the city for display in a public area. NOTE: There is a 30-day notice for public comment before recommendation from the Public Arts Commission.

1. Attach a copy or rendering of the artwork, and a photograph, video, drawing, model, or other representation of the artwork.

2. Attach the proposed location of the artwork, and a photograph, video, drawing, or other representation of the area immediately surrounding where the artwork would be placed.

3. Description of Artwork
The proposed artwork consists of site-specific murals painted directly onto approved exterior wall surfaces located on both public and private properties within the City of Vista.

The murals will be created using professional-grade aerosol spray paint and exterior-grade acrylic paints applied to properly prepared wall surfaces.

Application methods may include aerosol systems, brushes, rollers, ladders, scaffolding, and mechanical lifts as required by site conditions.

The murals will be executed as full-color compositions with a matte finish. Upon completion, each mural will receive an application of MuralShield protective coating to provide resistance against ultraviolet exposure, weathering, environmental pollutants, and graffiti damage.

Final dimensions shall correspond to the approved wall surfaces identified by the City of Vista and participating property owners. Because the artwork will be painted directly onto existing structures, weight is not applicable.

Ownership of the physical mural shall reside with the property owner and/or the City of Vista, as applicable.

4. Method of Display
The artwork will not be mounted or installed as a separate object. Rather, it will be painted directly onto approved exterior wall surfaces and integrated into existing architectural structures.

No bases, pedestals, frames, fixtures, or freestanding display elements are required. The finished appearance will be a large-scale public mural designed to enhance the visual character of the site while contributing to neighborhood beautification, cultural identity, and community engagement. 06/23/2026
C11
8 of 73

PUBLIC ART PROPOSAL

5. Anticipated Life of Artwork
The anticipated service life of the artwork in its proposed location is approximately ten (10) years, assuming normal environmental conditions and routine maintenance.

Expected Changes in Appearance Over Time
As with all exterior public artwork, gradual weathering may occur due to prolonged exposure to sunlight, rain, wind, temperature fluctuations, and environmental pollutants.

To minimize these effects, the murals will be protected with MuralShield coating, which is specifically designed to resist ultraviolet degradation, fading, staining, and graffiti damage. With proper care and maintenance, the artwork is expected to maintain its color vibrancy and overall visual integrity throughout its anticipated lifespan.

5. Maintenance Plan
The murals are designed to require minimal maintenance. Upon completion, each mural will receive a protective application of MuralShield coating to help safeguard the artwork against weather exposure, ultraviolet damage, dirt accumulation, and graffiti.

Maintenance activities may include periodic visual inspections, surface cleaning using non-abrasive methods, graffiti removal when necessary, and localized touch-up painting in areas affected by accidental damage or excessive wear.

The use of MuralShield protective coating is intended to extend the lifespan of the artwork while minimizing long-term maintenance requirements and preserving the visual integrity of the murals.

6. Rights Associated with the Artwork
Ownership of the physical mural shall reside with the property owner and/or the City of Vista, as applicable.

The Artist shall retain all copyrights and intellectual property rights associated with the artwork, including rights of reproduction, publication, licensing, merchandising, exhibition, and derivative works.

The Artist grants the City of Vista and participating property owners a perpetual, non-exclusive, royalty-free license to photograph, reproduce, publish, display, and distribute images of the artwork for municipal, educational, archival, tourism, promotional, and public information purposes.

7. Assistance Requested
Financial support for the fabrication, development, installation, and preservation of the murals is being sought through the City of Vista Graffiti Abatement Pilot Program, applicable park grant funding, and other public art funding opportunities that may become available.

Additional support from participating property owners, community organizations, and local partners may also be utilized where appropriate.

8. Property Owner Consent
For murals located on private property, written consent will be obtained from each participating property owner prior to commencement of work. 06/23/2026
C11
9 of 73

PUBLIC ART PROPOSAL

Property owner agreements will outline the approved mural location, duration of display, installation access requirements, maintenance access requirements, and the responsibilities of both the artist and the property owner.

The purpose of these agreements is to ensure the long-term public display and preservation of the artwork while protecting the interests of the property owner, the City of Vista, and the artist. Copies of executed property owner consent agreements will be provided as required by the City of Vista.

9. Describe any proposed assistance sought from the city, other public agencies or donors in connection with the fabrication, development, installation, and maintenance of the artwork.

Funding from the pilot program for graffiti abatement and park grant. .
06/23/2026
C11
10 of 73

06/23/2026
C11
13 of 73

NOTICE OF PROPOSED PLACEMENT OF PUBLIC ART

The City of Vista’s Public Arts Commission is seeking public input on submissions for 5 murals to be installed at the following locations: #1— 215 Palm Drive, retaining wall along sidewalk Name of Artists: Cyril Rigmaiden, Lydia Martin, Hunter Heinrich Individuals are encouraged to view and comment on the proposed murals during the public viewing period which will occur from May 8 to June 10, 2026.

To comment on the proposed mural, please email [email protected] or send a letter to arrive by June 10, 2026 to:

City of Vista, Attn: Public Arts Commission
200 Civic Center Drive
Vista, CA 92084
Please include in your letter your name, physical (street) address, e-mail address, and phone number, along with comments about the proposed mural.

For more information about public art, call (760) 643-5261. 06/23/2026
C11
16 of 73
EXHIBIT 3

06/23/2026
C11
19 of 73
EXHIBIT 4
06/23/2026
C11
20 of 73
06/23/2026
C11
21 of 73
Vista City Council Policy

2. The artwork's physical condition and whether the object is of exhibition quality.

3. Whether the City already owns sufficient examples or better examples of this type of artwork by a particular artist in a particular style.

4. Whether the City has the facilities necessary to properly care for and keep the artwork safe. If there are any special costs or special methods associated with maintaining or storing the artwork, such costs and methods must be made known to the City prior to a decision to acquire or accept the artwork.

5. Signage for the artwork to be displayed on public area shall be limited to the artist's name, title, and date of work, and where appropriate, a dedication.

The name of the donor or lender may be part of the installation. For murals along the Sprinter Corridor, signage area shall be limited to an area two feet by ten feet (2'x 10') and may include a donor's logo, if any, no greater than two feet by two feet (2' x 2') within the two foot by ten foot (2' x 1 O') signage area.

6. Appropriateness of the site (working well within the scale and nature of the site).

7. Whether the artwork is appropriate for the general public.

8. Whether the Commission has been advised that the artist and donor are prepared to execute a contract or other document, which, in the estimation of the City Attorney and City Manager, protects and serves the fiscal and other interests of the City in connection with the acquisition or donation of the artwork proposed for display in a public area.

9. Applications for murals proposed for the Sprinter Corridor shall be screened by the Planning Department to ensure compliance with the City's sign code prior to review by the Public Arts Commission.

10. Sponsors shall not be solicited from companies that are adult themed, produce alcoholic beverages, tobacco products, or from political organizations.

PUBLIC REVIEW PERIOD FOR PROPOSED ACQUISITION OR LOCATION OF

PUBLIC ART
There shall be a minimum 30-day review period for an artwork before the Commission acts on a Public Art Proposal Form. During the public review period, the work itself, a copy of the work, or a photograph, videotape, slide, drawing, model, or other representation of the artwork must be available for 400-04 (4)
06/23/2026
C11
22 of 73
Vista City Council Policy
inspection by the public during regular hours at City Hall or at a place reasonably close to City Hall. In addition to any other method, notice of the public review period shall be published in the local newspaper at least 15 days prior to the conclusion of the review period. Any interested person may request to be notified of any agenda item before the Commission or City Council scheduled for consideration of an acquisition or placement of public art as set forth in a Public Art Proposal Form. However, failure of the requesting party to receive notice or failure to provide notice as provided in this policy shall in no way invalidate any action taken by the City.

RE VIEW BY TH E COMMISSION
The Commission, at a regular or special meeting, shall consider the artwork, its proposed location, the content of the Public Art Proposal Form and public testimony. The artwork shall be approved for a public area pursuant to a majority vote of a quorum of the Commission. Such approval may include any reasonable conditions required by the Commission.

ACTION BY THE CITY COUNCIL
The Public Art Proposal Form and the proposed acquisition or placement of public art shall be considered de novo by the City Council.

The artwork shall be approved for a public area or conditionally approved for a public area only upon a majority vote of a quorum of the City Council.

CONTRACTUAL G U IDE LINES

1. When appropriate, a contract for the acquisition of an artwork or a document accepting a donation of artwork shall be prepared by the City Attorney in advance of any consideration of the Public Art Proposal Form by the Commission. The contract or document, for purposes of information, shall be included with the materials that are presented to the Commission. The Commission, if it chooses, may make recommendations regarding changes in the contract or documentation which will be considered by the City Attorney, City Manager, and potentially the City Council. The contract or document shall substantially conform to the following guidelines:
a. The seller or donor shall represent that the artwork is an original artwork that is exclusively owned by the seller or donor and is free of all liens or encumbrances.
b. No rights of reproduction of the artwork shall be retained by the artist or donor except those specifically allowed by agreement with the City.
c. The artist and donor shall agree to waive the provisions of the California Art Preservation Act and the Visual Artist's Rights Act 400-04 (5)
06/23/2026
C11
23 of 73
Vista City Council Policy
of 1990 unless the City determines that the waiver is unnecessary or inadvisable.
d. The City shall retain the ability to move, transfer, and dispose of the artwork unless the City determines that there is cause to limit that right.
e. The contract or document shall contain such additional terms as the City Manager and City Attorney determine to be necessary to protect the City's interests.

2. The following provisions shall be included in an agreement or evidence of donation where the artwork is located on private property to be visible to the public and where the display of the artwork is part of a public art program:
a. The City shall acquire rights guaranteeing the public display of the artwork for a minimum period oftime.
b. The agreement shall include provisions to guarantee the ongoing maintenance of the artwork and protect the artwork against alteration or damage.
c. The agreement will address the contribution, if any, that shall be made by the City toward the artwork. In the case of murals or other artwork located on walls, the City will consider providing a contribution in the form of obtaining a graffiti coat for the artwork or contributing to the purchase of paint.
d. The agreement shall include appropriate protection for the City, including hold harmless and similar provisions.

3. Prior to consideration of the Public Art Proposal Form, the artist and donor shall inform the City of any provisions of the proposed contract or the evidence of donation which the artist or donor seeks to modify so that the issue may be addressed in advance of a formal review of the proposal by the Commission.

PROCEDURES FOR PURCHASE OF ARTWORK AND ACCEPTANCE OF

DONATIONSOFARTWORK
Pursuant to this policy, the Commission's role is to consider and identify appropriate locations for the public display of artwork and whether a particular artwork is suited to that location. The authority to approve and execute contracts for the acquisition of personal property, including artwork, remains with the City Council and City Manager as provided in Chapter 3.08 of the Municipal Code.

Likewise, donations of artwork shall be accepted by the City Council as provided by Section 37354 of the Government Code or by the City Manager pursuant to authority delegated to him or her by the City Council. The approval of a Public 400-04 (6)
06/23/2026
C11
24 of 73
06/23/2026
C11
25 of 73
00039297 6
RECORDING REQUESTED BY:

CITY OF VISTA

AFTER RECORDING, PLEASE
MAIL THIS INSTRUMENT TO:

CITY OF VISTA
200 CIVIC CENTER DRIVE
VISTA, CA 92084
ATTN: CITY CLERK
_________________________________________________________________________________ APN: 175-116-05-00
DTT: $0.00; R&TC § 11922, Conveyance to Government Agency; Signed:

COVENANT AGREEMENT FOR THE INSTALLATION OF A MURAL BY AND BETWEEN

THE CITY OF VISTA AND LUKE MCCLURE
This Agreement is made and entered into as of June 23, 2026 (“Reference Date”), by and between the City of Vista, a chartered municipal corporation (“City”), and the Luke McClure, an individual, owner of the real property at 123 West Orange Street, Vista, California (“Owner”).

RECITALS
A. The City of Vista is interested in promoting public art and entering into arrangements for the display of art as part of its public art program.

B. A mural at 123 West Orange Street, Vista, California (“Address”) would be a valuable aesthetic contribution to the City of Vista, deter vandal activity and would serve the interests of City.

C. City officials and Owner viewed a large-scale color representation of a mural depicting a lion and sun.

That mural depiction was approved on June 10, 2026, by the Public Arts Commission of the City of Vista (“Mural Representation”). The Mural Representation is on file with the City Clerk and is incorporated herein by this reference.

D. City is interested in facilitating the display of a mural which will consist of the images, colors, and other characteristics presented in the Mural Representation and more particularly described in section 3 below, (“Mural”).

E. The Owner wishes to participate in City’s public art program and is prepared to have the Mural displayed, in accordance with the terms of this Agreement, at the Address, which is legally described in Exhibit A, attached hereto and incorporated herein by this reference (“Property”).

F. The Mural would be displayed on the walls of the building located on the Property in the location specifically designated in Exhibit B, which is attached hereto and incorporated herein by this reference (“Designated Location”).

G. Jason Hailey, also known as Chor Boogie, (“Artist”) has or will enter into a contract with Owner to paint the Mural on the Property.

H. All actions to be taken by the parties to this Agreement are intended to be taken only after honoring all Artist Rights, as defined, in section 8 below.
06/23/2026
C11
26 of 73
EXHIBIT 5

COVENANT AGREEMENT FOR THE INSTALLATION OF A MURAL
APN: 175-116-05-00

00039297 6
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the parties hereto agree as follows:

1. PURPOSE; EFFECTIVE DATE
The purpose of this Agreement is to facilitate the installation and display of the Mural at Designated Location on the Property. The effective date (“Effective Date”) for this Agreement shall be the date this Agreement is fully executed and an Artist Agreement (as defined in paragraph 3), with the provisions required by this Agreement, has been fully executed by Owner and Artist.

2. DISPLAY OF MURAL
Owner agrees that the Mural may be displayed on Property in the Designated Location, and maintained as provided herein, so that the Mural will be available for public viewing. The display shall occur and remain for a minimum of three (3) years from the Effective Date (“Display Period”). The Mural shall be an original product of the Artist’s own creative efforts and shall be an edition of one.

3. PAINTING AND INSTALLING MURAL
(A) Owner agrees to cause the Mural to be painted by Artist at the Designated Location pursuant to an agreement (“Artist Agreement”) which has been or shall be executed by Artist and Owner. Owner hereby grants the Artist all rights and access to the Designated Location as may be reasonably required to accomplish the actions described in this section provided that reasonable advance notice is first provide to Owner. (B) The Mural shall be consistent with the images, colors, and design contained in the Mural Representation. Painting, or additional painting or preparation for the Mural on the Property shall not occur until this Agreement is signed by City. The painting and installation of the Mural shall be completed by Artist within a reasonable period following the execution of this Agreement. All paints and materials used in the Mural shall be of a nature suited to outdoor murals on surfaces comprised of the materials found on wall constituting the Designated Location, with a special emphasis on the durability and weather resistance of the paint. The painting shall be of a high professional caliber and shall be generally equal to the quality of recent work completed by Artist. The Mural shall be treated with a graffiti coat or other treatment to protect the Mural from vandalism and the elements, unless other arrangements for the protection and repair of the Mural are made which are satisfactory to both City and Owner. The Mural may not deviate from the appearance, colors, or images found in the Mural Representation. City shall have no responsibility or liability to pay any costs for the materials, labor, design, or painting of the Mural.

4. FAILURE TO TIMELY COMPLETE MURAL
Owner agrees that City may provide written notice to Owner if the Mural is not completed in accordance with the terms of this Agreement by August 30, 2026. Sixty (60) days following mailing or other delivery of that notice, Owner shall cause the Mural to be completed as required by this Agreement or shall remove the Mural

5. PROTECTION OF MURAL
Owner shall not take any deliberate action to damage or alter the Mural during the Display Period.

6. MAINTENANCE OF MURAL
(A) During the Term of this Agreement, the Owner will cause the Mural to be maintained, including any required restoration, in a first class manner and shall not be allowed to deteriorate during the Display Period and for any period thereafter during which the Mural is displayed. Owner represents that pursuant to the terms of the Artist Agreement: (1) Artist has agreed to use the Artist’s best efforts to promptly restore and maintain the Mural in the event that it is damaged; (2) if the repair or restoration is not promptly completed, Owner may engage another person or may use its own forces to perform or complete the repair or restoration; and 06/23/2026
C11
27 of 73

COVENANT AGREEMENT FOR THE INSTALLATION OF A MURAL
APN: 175-116-05-00

00039297 6
(3) Artist has consented to such repair or restoration and waives any claim for damages or degradation that may occur to the Mural during the course of such attempted repair or restoration. Owner hereby grants Artist all rights and access to the Designated Location as may be reasonably required to accomplish the actions described in this section provided that reasonable advance notice is first provide to Owner. (B) If there has been a material breach of the Agreement which remains uncured for thirty (30) days following written notice to Owner, Owner herby grants to City access to the Designated Location for the purposes of taking any reasonable and/or necessary action permitted by this Agreement (including, without limitation, the actions described in sections 3, 4 or 6) for purposes of painting, maintaining, repairing, or removing the Mural. Under no circumstances, however, shall City be required to take any such action.

7. COMPLIANCE WITH LAWS
In fulfilling its obligation under the Agreement and Owner, their respective employees, and respective agents shall comply with all Federal, State and City laws, ordinances, regulations and requirements that in any way affect the actions required by this Agreement. Without limitation, this requirement extends to any permits or approvals that may be required under the Vista Municipal Code.

8. ARTIST AGREEMENT AND ARTIST’S RIGHTS
Owner shall execute an Artist Agreement with the Artist to paint the Mural. Execution of an Artist Agreement conforming to this section is a precondition to the effectiveness of this Agreement and no painting of the Mural shall commence until such an Artist Agreement is executed. The Artist Agreement shall be drafted to be consistent with this Agreement and to include the following provisions, or provisions substantially similar in effect to the following:
• The Artist shall represent that the Mural will be an original product of the Artist’s own creative efforts and shall be an edition of one.
• The Artist Agreement shall either provide for a graffiti coat or provide for other affordable and effective methods for protecting the Mural.
• The Agreement shall provide that Artist shall repair all damage to the Mural within twenty (20) days of its occurrence or within such other period of time as may be set forth in the Artist Agreement and be approved by City. If the repairs are not performed within twenty (20) days, Owner shall be authorized to undertake the repairs directly or through an agent. Alternatively, other arrangements for the repair of the Mural may be authorized in the Artist Agreement if the arrangements are first approved by City. • The Artist Agreement shall include provisions, which allow for maintenance, repair and removal of the Mural in accordance with the requirements of this Agreement, although the Agreement may require that advance notice be given to the Artist, including an opportunity to make any required repairs. • The Artist Agreement shall include the following waiver or a substantially similar waiver, unless the City Manager determines that the waiver is not required:
“Artist hereby acknowledges and agrees that Artist is familiar with the "California Art Preservation Act" (Cal. Civil Code Section 987 et seq.), and the "Visual Artists' Rights Act of 1990" (17 U: S.C. Section 101 et seq.) (together, “Statutory Rights”). Those Acts require that a waiver of their provisions be expressly made in writing, and being fully informed, the Artist and the Artist’s agents, heirs, successors, and assigns hereby waive any and all rights they may have under the provisions of these Acts, except to the extent otherwise called for under this agreement. The Artist, and the Artist’s agents, heirs, successors and assigns further agree not 06/23/2026
C11
28 of 73

COVENANT AGREEMENT FOR THE INSTALLATION OF A MURAL
APN: 175-116-05-00

00039297 6
to attempt to defeat this waiver by cooperating, encouraging or assisting any organization or individual which seeks to bring an action under these Acts.” • The Artist Agreement shall include such other provisions that the City may reasonably request, including, insurance, indemnification, and guarantees regarding materials, assurances regarding the originality of the Mural, and assurances regarding the timely completion of the Mural.

This Agreement is not intended to violate any un-waived statutory rights retained by Artist (“Artist Rights”), and Owner shall assure that all actions taken in the implementation of this Agreement occur without violation of those retained Artist Rights.

9. INDEMNIFICATION
During all phases of this Agreement, Owner agrees to defend, indemnify and save harmless City, its officers, agents, and employees from and against any and all claims, demands, losses, defense costs, or liability of any kind or nature which City, its officers, agents, and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, damage to property, or violation of Artist Rights or Statutory Rights, including copyright, and as a result of, arising out of, or in any manner connected with Owner’s performance under the terms of this Agreement, excepting only liability arising out of the sole negligence or willful misconduct of City.

10. RELATIONSHIP OF PARTIES
Owner shall perform the actions required by this Agreement in its own way and as an independent contractor.

The employees and agents of Owner are not under the direction and control of City staff. This Agreement is not intended to create the relationship of partnership, joint venture, or association between City and Owner.

11. RECORDATION
This Agreement shall be acknowledged and recorded by each of the parties in the official records of San Diego County. Owner shall pay the costs of recording.

12. COVENANTS TO RUN WITH THE LAND
City and Owner hereby declare their express intent that the covenants and restrictions set forth in this Agreement shall run with the land, and shall bind all successors in title to the Property. Each and every contract, deed or other instrument hereafter executed covering or conveying the Property or any portion thereof shall be held conclusively to have been executed, delivered and accepted subject to such covenants and restrictions, regardless of whether such covenants or restrictions are set forth in such contract, deed or other instrument.

13. TERMINATION
This Agreement shall continue in effect for term that is the longer of: (1) the Display Period; or (2) until Owner removes the Mural from the Property.

14. COMMON UNDERSTANDINGS
The parties to this contract agree that the recitals set forth in this Agreement are true and correct.

15. GOVERNING LAW
This Agreement shall be interpreted and construed according to the laws of the State of California. 06/23/2026
C11
29 of 73

COVENANT AGREEMENT FOR THE INSTALLATION OF A MURAL
APN: 175-116-05-00

00039297 6

16. WAIVER; SEVERABILITY
No waiver or failure to object to any breach or violation of the terms and conditions hereof by either party shall be deemed a waiver of such or any future breach or violation.

17. EXHIBITS
The following Exhibits are attached and incorporated herein by this reference:

Exhibit A Legal Description of Property
Exhibit B Designated Location for Mural

18. EXECUTION
The parties have executed this Agreement as of the Reference Date.

“CITY”

CITY OF VISTA, a chartered municipal corporation
“OWNER”

LUKE MCCLURE, an individual

By:

JOHN B. FRANKLIN, MAYOR

By:

NAME/TITLE

BY:

Name/Title
(When signing as Corporation necessary signatures are
President OR Vice President AND Secretary OR
Assistant Secretary.)

NOTE: A CALIFORNIA ALL PURPOSE NOTARY ACKNOWLEDGMENT MUST BE ATTACHED FOR ALL SIGNATURES ABOVE

ATTEST:

KATHY VALDEZ, CITY CLERK

By:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY

By:

APPROVED
Allegra Frost
20260617114233

06/23/2026
C11
30 of 73

COVENANT AGREEMENT FOR THE INSTALLATION OF A MURAL
APN: 175-116-05-00

00039297 6

EXHIBIT A

LEGAL DESCRIPTION OF PROPERTY

APN: 175-116-05-00

ADDRESS: 123 W. Orange Street, Vista, CA 92083

ALL THAT PORTION OF LOTS 91 AND 92 OF VALLECITOS, IN THE CITY OF VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1983, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 5, 1927, DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 92; THENCE ALONG THE EASTERLY LINE OF SAID LOTS 92 & 91, NORTH 0° 21' 33" EAST,100.01 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 91; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 91, NORTH 89° 38' 07" WEST,

50.00 FEET TO THE WESTERLY LINE OF THE EASTERLY 50.00 FEET MEASURED AT RIGHT ANGLES OF SAID LOTS 91 AND 92; THENCE ALONG SAID WESTERLY LINE SOUTH 0° 21' 33" WEST,100.01 FEET TO THE SOUTHERLY LINE OF SAID LOT 92; THENCE ALONG SAID SOUTHERLY LINE SOUTH 89° 38' 07" EAST, 50.00 FEET TO THE POINT OF BEGINNING.

06/23/2026
C11
31 of 73

COVENANT AGREEMENT FOR THE INSTALLATION OF A MURAL
APN: 175-116-05-00

00039297 6

EXHIBIT B

DESIGNATED LOCATION FOR MURAL

123 West Orange Street, Vista, California

06/23/2026
C11
32 of 73
1 PUBLIC ART PILOT PROGRAM TO ADDRESS GRAFITTI MARK OLINGER 347 MAIN STREET

GRANT AGREEMENT

PUBLIC ART PILOT PROGRAM TO ADDRESS GRAFFITI
This Agreement (“Agreement”) is made as of _______________________________ (“Agreement Date”), by and between the City of Vista, a chartered municipal corporation (“City”) and Mark Olinger., an individual ("Owner").

RECITALS
A. The City of Vista is interested in promoting public art and entering into arrangements for the display of art as part of its public art pilot program to address graffiti.

B. A mural (“Artwork”) at 347 Main Street, Vista, California, would be valuable aesthetic contributions to the City of Vista, deter vandal activity, and would serve the interests of the City.

C. City wishes to provide a grant to Owner for the costs of the installation and maintenance of the Artwork.

TERMS
Section 1. Jason Hailey also known as Chor Boogie (“Artist”) has or will enter into a contract with Owner to paint Artwork depicted in Exhibit A. Owner is responsible for ensuring the Artist paints the approved rendition of the Artwork at the location. Owner is responsible for ensuring Artist does not make any changes to the Artwork without written permission of City.

Artist may sign Artist’s Artwork as depicted in Exhibit A.

Section 2. Owner shall be solely responsible for ensuring Artist prevents any paint spillage and shall report any paint spillage immediately to the Vista Recreation & Community Services Department, 760-639-6151. Owner is solely responsible for cleaning any paint spillage to City’s satisfaction. City will not clean up paint spillage for Owner.

Section 3. City may elect to display Artist’s Artwork on City's website.

Section 4. Owner will comply with all terms in the “COVENANT AGREEMENT FOR

THE INSTALLATION OF A MURAL BY AND BETWEEN THE CITY OF VISTA AND MARK OLINGER” executed on June 23, 2026.

Section 5. City, Owner, and/or Artist may use images of the Artwork for promotional purposes.

Section 6. Owner hereby agrees to use the grant funds provided by City for only legal purposes solely associated with installation of the Artwork in Exhibit A. The maximum amount of grant funds to be disbursed to Owner is $10,000. The City agrees to additionally provide a maximum of $5,000 for five years from Agreement Date for maintenance of the Artwork. The City will disburse monies to Owner upon receipt of an itemized invoice detailing all costs, expenses, and receipts for which it seeks reimbursement.

Section 7. This Agreement may be executed in separate counterparts, none of which need contain the signatures of both Parties, and each of which, when so executed, shall 06/23/2026
C11
33 of 73
EXHIBIT 6
2 PUBLIC ART PILOT PROGRAM TO ADDRESS GRAFITTI MARK OLINGER 347 MAIN STREET

be deemed an original and all together shall constitute and be one of the same instrument. The Parties agree that this Agreement, whether executed by electronic signature, digital signature, or constituting a scanned or electronically reproduced copy or image of this Agreement bearing the signatures of the Parties, will be deemed an original and will represent competent evidence of the execution, terms and existence of this Agreement notwithstanding the failure or inability to produce an original executed Agreement or counterpart thereof, and without the requirement that the unavailability of such original executed Agreement or counterpart thereof first be proven. Further, the exchange of this entire executed Agreement (and/or such exhibit(s) or document(s)) that is in photostatic or portable document format (.pdf) form by electronic mail or by another electronic means shall be considered original(s) and shall constitute effective execution and delivery of the original(s).

IN WITNESS WHEREOF, the parties have executed this Agreement as of the Agreement Date.
“City”

CITY OF VISTA, a chartered municipal
corporation

By:

JOHN CONLEY, CITY MANAGER

ATTEST:

KATHY VALDEZ, CITY CLERK

By:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY

By:

RISK MANAGEMENT REVIEW:

ANALISA HOLBROOK, RISK MANAGER

By:
“Owner”

MARK OLINGER, an individual

APPROVED
Allegra Frost
20260617113642

06/23/2026
C11
34 of 73

PUBLIC ART PILOT PROGRAM TO ADDRESS GRAFITTI MARK OLINGER 347 MAIN STREET

EXHIBIT A

ARTWORK

“Hummingbird” at 347 Main Street

06/23/2026
C11
35 of 73
1 PUBLIC ART PILOT PROGRAM TO ADDRESS GRAFITTI LUKE MCCLURE 123 WEST ORANGE STREET

GRANT AGREEMENT

PUBLIC ART PILOT PROGRAM TO ADDRESS GRAFFITI
This Agreement (“Agreement”) is made as of _______________________________ (“Agreement Date”), by and between the City of Vista, a chartered municipal corporation (“City”) and Luke McClure, an individual ("Owner").

RECITALS
A. The City of Vista is interested in promoting public art and entering into arrangements for the display of art as part of its public art pilot program to address graffiti.

B. A mural (“Artwork”) at 123 West Orange Street, Vista, California, would be a valuable aesthetic contribution to the City of Vista, deter vandal activity, and would serve the interests of the City.

C. City wishes to provide a grant to Owner to cover the costs of the installation and maintenance of the Artwork.

TERMS
Section 1. Jason Hailey, also known as Chor Boogie, (“Artist”) has or will enter into a contract with Owner to paint Artwork depicted in Exhibit A. Owner is responsible for ensuring the Artist paints the approved rendition of the Artwork at the location. Owner is responsible for ensuring Artist does not make any changes to the Artwork without written permission of City. Artist may sign Artist’s Artwork as depicted in Exhibit A.

Section 2. Owner shall be solely responsible for ensuring Artist prevents any paint spillage and shall report any paint spillage immediately to the Vista Recreation & Community Services Department, 760-639-6151. Owner is solely responsible for cleaning any paint spillage to City’s satisfaction. City will not clean up paint spillage for Owner.

Section 3. City may elect to display Artist’s Artwork on City's website.

Section 4. Owner will comply with all terms in the “COVENANT AGREEMENT FOR

THE INSTALLATION OF A MURAL BY AND BETWEEN THE CITY OF VISTA AND LUKE MCCLURE” executed on June 23, 2026.

Section 5. City, Owner, and/or Artist may use images of the Artwork for promotional purposes.

Section 6. Owner hereby agrees to use the grant funds provided by City for only legal purposes solely associated with installation of the Artwork in Exhibit A. The maximum amount of grant funds to be disbursed to Owner is $10,000. The City agrees to additionally provide a maximum of $5,000 for five years from Agreement Date for maintenance of the Artwork. The City will disburse monies to Owner upon receipt of an itemized invoice detailing all costs, expenses, and receipts for which it seeks reimbursement.

Section 7. This Agreement may be executed in separate counterparts, none of which need contain the signatures of both Parties, and each of which, when so executed, shall 06/23/2026
C11
36 of 73
EXHIBIT 7
2 PUBLIC ART PILOT PROGRAM TO ADDRESS GRAFITTI LUKE MCCLURE 123 WEST ORANGE STREET

be deemed an original and all together shall constitute and be one of the same instrument. The Parties agree that this Agreement, whether executed by electronic signature, digital signature, or constituting a scanned or electronically reproduced copy or image of this Agreement bearing the signatures of the Parties, will be deemed an original and will represent competent evidence of the execution, terms and existence of this Agreement notwithstanding the failure or inability to produce an original executed Agreement or counterpart thereof, and without the requirement that the unavailability of such original executed Agreement or counterpart thereof first be proven. Further, the exchange of this entire executed Agreement (and/or such exhibit(s) or document(s)) that is in photostatic or portable document format (.pdf) form by electronic mail or by another electronic means shall be considered original(s) and shall constitute effective execution and delivery of the original(s).

IN WITNESS WHEREOF, the parties have executed this Agreement as of the Agreement Date.
“City”

CITY OF VISTA, a chartered municipal
corporation

By:

JOHN CONLEY, CITY MANAGER

ATTEST:

KATHY VALDEZ, CITY CLERK

By:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY

By:

RISK MANAGEMENT REVIEW:

ANALISA HOLBROOK, RISK MANAGER

By:
“Owner”

LUKE MCCLURE, an individual

APPROVED
Allegra Frost
20260617114051

06/23/2026
C11
37 of 73

PUBLIC ART PILOT PROGRAM TO ADDRESS GRAFITTI LUKE MCCLURE 123 WEST ORANGE STREET

EXHIBIT A

ARTWORK

“Lion” at 123 West Orange Street

06/23/2026
C11
38 of 73
1 PUBLIC ART PILOT PROGRAM TO ADDRESS GRAFITTI MARK OLINGER 347 MAIN STREET

GRANT AGREEMENT

PUBLIC ART PILOT PROGRAM TO ADDRESS GRAFFITI
This Agreement (“Agreement”) is made as of _______________________________ (“Agreement Date”), by and between the City of Vista, a chartered municipal corporation (“City”) and Mark Olinger., an individual ("Owner").

RECITALS
A. The City of Vista is interested in promoting public art and entering into arrangements for the display of art as part of its public art pilot program to address graffiti.

B. A mural (“Artwork”) at 347 Main Street, Vista, California, would be valuable aesthetic contributions to the City of Vista, deter vandal activity, and would serve the interests of the City.

C. City wishes to provide a grant to Owner for the costs of the installation and maintenance of the Artwork.

TERMS
Section 1. Jason Hailey also known as Chor Boogie (“Artist”) has or will enter into a contract with Owner to paint Artwork depicted in Exhibit A. Owner is responsible for ensuring the Artist paints the approved rendition of the Artwork at the location. Owner is responsible for ensuring Artist does not make any changes to the Artwork without written permission of City.

Artist may sign Artist’s Artwork as depicted in Exhibit A.

Section 2. Owner shall be solely responsible for ensuring Artist prevents any paint spillage and shall report any paint spillage immediately to the Vista Recreation & Community Services Department, 760-639-6151. Owner is solely responsible for cleaning any paint spillage to City’s satisfaction. City will not clean up paint spillage for Owner.

Section 3. City may elect to display Artist’s Artwork on City's website.

Section 4. Owner will comply with all terms in the “COVENANT AGREEMENT FOR

THE INSTALLATION OF A MURAL BY AND BETWEEN THE CITY OF VISTA AND MARK OLINGER” executed on June 23, 2026.

Section 5. City, Owner, and/or Artist may use images of the Artwork for promotional purposes.

Section 6. Owner hereby agrees to use the grant funds provided by City for only legal purposes solely associated with installation of the Artwork in Exhibit A. The maximum amount of grant funds to be disbursed to Owner is $10,000. The City agrees to additionally provide a maximum of $5,000 for five years from Agreement Date for maintenance of the Artwork. The City will disburse monies to Owner upon receipt of an itemized invoice detailing all costs, expenses, and receipts for which it seeks reimbursement.

Section 7. This Agreement may be executed in separate counterparts, none of which need contain the signatures of both Parties, and each of which, when so executed, shall 06/23/2026
C11
39 of 73
EXHIBIT 8
2 PUBLIC ART PILOT PROGRAM TO ADDRESS GRAFITTI MARK OLINGER 347 MAIN STREET

be deemed an original and all together shall constitute and be one of the same instrument. The Parties agree that this Agreement, whether executed by electronic signature, digital signature, or constituting a scanned or electronically reproduced copy or image of this Agreement bearing the signatures of the Parties, will be deemed an original and will represent competent evidence of the execution, terms and existence of this Agreement notwithstanding the failure or inability to produce an original executed Agreement or counterpart thereof, and without the requirement that the unavailability of such original executed Agreement or counterpart thereof first be proven. Further, the exchange of this entire executed Agreement (and/or such exhibit(s) or document(s)) that is in photostatic or portable document format (.pdf) form by electronic mail or by another electronic means shall be considered original(s) and shall constitute effective execution and delivery of the original(s).

IN WITNESS WHEREOF, the parties have executed this Agreement as of the Agreement Date.
“City”

CITY OF VISTA, a chartered municipal
corporation

By:

JOHN CONLEY, CITY MANAGER

ATTEST:

KATHY VALDEZ, CITY CLERK

By:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY

By:

RISK MANAGEMENT REVIEW:

ANALISA HOLBROOK, RISK MANAGER

By:
“Owner”

MARK OLINGER, an individual

APPROVED
Allegra Frost
20260617113642

06/23/2026
C11
40 of 73

PUBLIC ART PILOT PROGRAM TO ADDRESS GRAFITTI MARK OLINGER 347 MAIN STREET

EXHIBIT A

ARTWORK

“Hummingbird” at 347 Main Street

06/23/2026
C11
41 of 73
PUBLIC ART PILOT PROGRAM TO ADDRESS GRAFFITI 1 JASON HAILEY AKA CHOR BOOGIE 307 MAIN STREET

PUBLIC ART PILOT PROGRAM TO ADDRESS GRAFFITI
THIS AGREEMENT ("Agreement") is made and entered into as of __________ ("Agreement Date"), by and between City of Vista, a chartered municipal corporation ("City"), and Jason Hailey also known as Chor Boogie ("Artist"). City and Artist are sometimes individually referred to as a "Party" and collectively as "Parties."

RECITALS
A. Artist previously installed a mural at 307 Main Street, Vista, California, in accordance with the agreement dated September 9, 2014, incorporated herein as Exhibit B. Since then, the mural has deteriorated and is disrepair.

B. The City of Vista is interested in promoting public art and entering into arrangements for the display of art as part of its public art pilot program to address graffiti.

C. A new Mural (“Artwork”) at 307 Main Street, Vista, California (“Display Site” or “Site”), would be a valuable aesthetic contribution to the City of Vista, deter vandal activity, and would serve the interests of the City.

D. City, in accordance with the terms of this Agreement, wishes to commission the Mural pursuant to approval by City Council.

NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the Parties agree as follows:

Section 1. Artist agrees to design, construct, and install the Mural in substantial conformity with Exhibit A. Artist shall be responsible for the design, procurement of supplies and equipment, finish, and all other steps and procedures necessary to install the Mural.

Section 2. City will pay Artist a fee of $10,000. Fifty percent (50%) shall be paid to Artist within 30 days of execution of this Agreement. The remaining fifty percent (50%) shall be paid to Artist within 30 days of completion of the Mural. Mural must be completed no later than August 30, 2026.

2.1 The City agrees to additionally provide a maximum of $5,000 for five years (“Repair Allocation”) from Agreement Date for maintenance of the Artwork. The City will disburse monies to Artist upon receipt of an itemized invoice detailing all costs, expenses, and receipts for which it seeks reimbursement.

Section 3. The Mural is to be delivered to City free from any liens or encumbrances thereon. The Mural is accepted by City based on City's reliance on Artist's representations that (1) Artist is conveying the Mural to City as a work for hire; (2) there are no liens or encumbrances on the Mural; and (3) the Mural is an original 06/23/2026
C11
42 of 73
EXHIBIT 9
PUBLIC ART PILOT PROGRAM TO ADDRESS GRAFFITI 2 JASON HAILEY AKA CHOR BOOGIE 307 MAIN STREET
work of art, and no other artist or craftsman has any rights, artistic or otherwise, in the Mural.

Section 4. Following notice from City, Artist will repair, within five (5) days, any vandalism to the Artwork. City will reimburse the Artist for all reasonable expenses incurred by the Artist in repairing any damage resulting from vandalism not to exceed the Repair Allocation. If the Artist determines that a repair will require the Artist to incur costs exceeding the Repair Allocation, the Artist may terminate the Agreement and be relieved of making the repair. Beyond making payment toward the Repair Allocation, City shall have no responsibility to the Artist for any damage occurring to the Artwork. If Artist is unable to repair the mural in the designated time, Artist agrees that City may procure another individual to repair the damage without Artist's oversight or approval.

4.1 Within thirty (30) days of receiving an invoice from Artist for reasonable expense incurred in connection with repairing the Artwork, City will make payment to the Artist not to exceed the Repair Allocation.

4.2 Artist understands and acknowledges that City does not maintain property insurance for the Artwork or liability insurance for injuries caused by the Artwork. Except as provided in Section 4.1 above, Artist bears the sole risk of damage and loss from any cause whatsoever, and Artist is solely responsible for providing such insurance as Artist deems appropriate.

4.3 Artist understands and agrees that the Mural, when installed, will be incorporated within and made a part of the Site in such a way that removing the Mural from the Site, or the destruction or modification of the Site, may cause the destruction, distortion, mutilation, or other modification of the Mural. Accordingly, Artist agrees that City, in connection with its power and duty to operate and manage City property in the public's interest, shall have the right to remove the Mural from the Site.

City shall have no obligation to display or maintain the Mural for any specific period of time, and City reserves the right to remove or destroy the Mural at any time. Artist hereby waives any and all rights Artist may have to prevent or cause the prevention of the removal or destruction of the Mural, or to seek any other relief in connection with any such removal or destruction, pursuant to 17 U.S.C. §106A or pursuant to California Civil Code §987, as such sections now exist or may hereafter be amended.

Section 5. Artist hereby recognizes that City may, in its sole discretion, make, or cause to be made, license, or permit reproductions of the Mural for any purpose whatsoever without payment of a royalty, license fee, or any other form of compensation to Artist. Such reproductions include, but are not limited to, analog and digital imagery of any nature, including still photographs, motion pictures, television, and all similar or successor processes whether or not now known or conceived. City may, in its sole discretion, incorporate images or representations of the Mural in other City-owned works or images and may pursue copyright, trademark, and service mark registration in its own name for the Mural and any derivative works owned by City except as prohibited by any existing copyrights, trademarks, and service mark registrations or any other legal 06/23/2026
C11
43 of 73
PUBLIC ART PILOT PROGRAM TO ADDRESS GRAFFITI 3 JASON HAILEY AKA CHOR BOOGIE 307 MAIN STREET
requirements, obligations, or restrictions so entitled to the estate of the Artist or Artist's successors and/or assigns. City may repair, restore, and refinish the Mural in its sole discretion. Artist hereby assigns all copyright interests in the Mural to City and waives any interest in resale royalties under California Civil Code §986 or any other law requiring the payment of resale royalties.

Section 6. Artist hereby acknowledges and agrees that Artist is familiar with the "California Art Preservation Act" (California Civil Code section 987 et seq.) and the "Visual Artists' Rights Act of 1990" (17 U.S.C. Section 101 et seq.) and expressly waives Artist's rights under those Acts to the extent permissible therein. Those Acts require that a waiver of their provisions be expressly made in writing, and being fully informed, Artist and his or her agents, heirs, successors, and assigns hereby waive any and all rights they may have under the provisions of these Acts; except to the extent otherwise called for under this Agreement. Artist and his or her agents, heirs, successors, and assigns further agree not to attempt to defeat this waiver by cooperating, encouraging, or assisting any organization or individual which seeks to bring an action under these Acts.

Section 7. City shall have no obligation to repair or replace the Mural. If City alters the Mural without 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 California Art Preservation Act and the Visual Artist’s Rights Act of 1990.

Section 8. Any notice, amendments, or additions to this Agreement, including change of address of either Party during the term of this Agreement, shall be sent to the respective Party as follows:

If to City:

City of Vista
Attn: Recreation & Community Services Director
200 Civic Center Drive
Vista, CA 92084
If to Artist:

Jason Hailey AKA Chor Boogie
3916 N. Potsdam Avenue, #5038
Sioux Falls, SD 57104
[email protected]

Any notice or demand which may or must be given or made by a Party hereto, under the terms of this Agreement or any statute or ordinance shall be in writing; and shall be deemed received on: (a) the day of delivery if delivered by hand (including overnight courier service) during receiving Party's regular business hours or by facsimile before or during receiving Party's regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid, to the addresses set forth above, or to such other addresses as the Parties may, from time to time, designate in writing pursuant to the provisions of this Section.

Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. In the event a Party changes its address and fails to provide notice to the other Party in accordance with this Section, then notice to the address of record shall be sufficient to comply with any obligation to provide notice 06/23/2026
C11
44 of 73
PUBLIC ART PILOT PROGRAM TO ADDRESS GRAFFITI 4 JASON HAILEY AKA CHOR BOOGIE 307 MAIN STREET
under this Agreement, and the other Party shall have no obligation to attempt to otherwise locate or trace the Party that has changed its address.

Section 9. Artist shall indemnify, defend, and hold harmless City (including its elected officials, officers, agents, and employees) from and against any and all claims (including all litigation, demands, damages, liabilities, costs, and expenses) resulting from or arising out of any infringement of patent rights, trade dress, trade secret, copyrights, or any proprietary right or trademark and all other intellectual property claims of any third-party persons concerning the Mural. Artist's indemnification shall include any and all costs, expenses, court costs, attorneys' fees, and liability incurred by the City in enforcing the provisions of this section, and in defending against such claims, whether the same proceed to judgment or not. Artist shall reimburse City for any expenditures City incurs by reason of such matters. These indemnity provisions shall survive the expiration or other termination of this Agreement.

Section 10. This Agreement represents the entire and integrated Agreement of the Parties and supersedes any and all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Parties.

Section 11. The Parties hereto have mutually negotiated the terms and conditions of this Agreement and each Party has had an opportunity to receive independent legal advice with respect to the advisability of executing the Agreement and the meaning of the provisions contained herein.

Section 12. In the event of a breach or default of this Agreement, the non- breaching Party shall be entitled to all remedies available pursuant to the terms of this Agreement, at law and in equity, including, but not limited to, specific performance of this Agreement, and all such remedies are cumulative in nature and may be asserted by such Party in the alternative and the assertion of a remedy by a Party shall not be deemed an exclusive election of remedies or waiver of any other rights conferred on that Party by the terms of this Agreement.

Section 13. No waiver of any breach of any agreement, provision, or failure of a condition herein contained shall be deemed a waiver of any preceding or succeeding breach or failure thereof, or of any other agreement, provision, or condition contained herein, nor an extension of time for performance of any other obligation or act.

Section 14. This Agreement shall be governed by, interpreted under, construed, and enforced in accordance with the laws of the State of California. This Agreement is made and entered into in the County of San Diego, State of California, and any legal actions or proceedings arising from or related to this Agreement shall be brought in the County of San Diego, State of California.

06/23/2026
C11
45 of 73
PUBLIC ART PILOT PROGRAM TO ADDRESS GRAFFITI 5 JASON HAILEY AKA CHOR BOOGIE 307 MAIN STREET
Section 15. This Agreement may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original; and all such counterparts shall together constitute but one and the same Agreement.

IN WITNESS, WHEREOF, the Parties hereto have executed this Agreement as of the Agreement Date.

“City”

CITY OF VISTA, a chartered municipal
corporation

By:

JOHN CONLEY, CITY MANAGER

ATTEST:

KATHY VALDEZ, CITY CLERK

By:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY

By:

RISK MANAGEMENT REVIEW:

ANALISA HOLBROOK, RISK MANAGER

By:
“Artist”

JASON HAILEY, also known as CHOR
BOOGIE

APPROVED
Allegra Frost
20260617114805

06/23/2026
C11
46 of 73
PUBLIC ART PILOT PROGRAM TO ADDRESS GRAFFITI 6 JASON HAILEY AKA CHOR BOOGIE 307 MAIN STREET

EXHIBIT A

ARTWORK

“Boogie Birds” at 307 Main Street, Vista, California

06/23/2026
C11
47 of 73
PUBLIC ART PILOT PROGRAM TO ADDRESS GRAFFITI 7 JASON HAILEY AKA CHOR BOOGIE 307 MAIN STREET

EXHIBIT B
AGREEMENT DATED SEPTEMBER 14, 2014
06/23/2026
C11
48 of 73

06/23/2026
C11
49 of 73

06/23/2026
C11
50 of 73

06/23/2026
C11
51 of 73

06/23/2026
C11
52 of 73

06/23/2026
C11
53 of 73

06/23/2026
C11
54 of 73

06/23/2026
C11
55 of 73

06/23/2026
C11
56 of 73
06/23/2026
C11
57 of 73

06/23/2026
C11
58 of 73

06/23/2026
C11
59 of 73

06/23/2026
C11
60 of 73

06/23/2026
C11
61 of 73
PUBLIC ART COMMISSION AGREEMENT 1 JASON HAILEY AKA CHOR BOOGIE 234 PALA VISTA DR

PUBLIC ART AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into as of __________ ("Agreement Date"), by and between City of Vista, a chartered municipal corporation ("City"), and Jason Hailey also known as Chor Boogie ("Artist"). City and Artist are sometimes individually referred to as a "Party" and collectively as "Parties."

RECITALS
A. Artist submitted a proposal to create an original mural entitled “Kites,” a photocopy of which is attached hereto and incorporated herein as Exhibit A ("Mural").

B. The Mural (“Artwork”) was selected by City to be installed at 234 Pala Vista Drive, Vista, California (“Display Site” or “Site”), and City desires to commission Artist to complete the design, construction, and installation of the Mural.

C. City, in accordance with the terms of this Agreement, wishes to commission the Mural pursuant to approval by City Council.

NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the Parties agree as follows:

Section 1. Artist agrees to design, construct, and install the Mural in substantial conformity with Exhibit A. Artist shall be responsible for the design, procurement of supplies and equipment, finish, and all other steps and procedures necessary to install the Mural.

Section 2. City will pay Artist a fee of $10,000. Fifty percent (50%) shall be paid to Artist within 30 days of execution of this Agreement. The remaining fifty percent (50%) shall be paid to Artist within 30 days of completion of the Mural. Mural must be completed no later than August 30, 2026.

Section 3. The Mural is to be delivered to City free from any liens or encumbrances thereon. The Mural is accepted by City based on City's reliance on Artist's representations that (1) Artist is conveying the Mural to City as a work for hire; (2) there are no liens or encumbrances on the Mural; and (3) the Mural is an original work of art, and no other artist or craftsman has any rights, artistic or otherwise, in the Mural.

Section 4. Following notice from City, Artist will repair, within five (15) days, any vandalism to the Artwork. City will reimburse the Artist for all reasonable expenses incurred by the Artist in repairing any damage resulting from vandalism not to exceed $1,000 per fiscal year ("Annual Repair Allocation"). If the Artist determines that a repair will require the Artist to incur costs exceeding the Annual Repair Allocation, the Artist may terminate the Agreement and be relieved of making the repair. Beyond making payment toward the Annual Repair Allocation, City shall have no responsibility to the 06/23/2026
C11
62 of 73
EXHIBIT 10
PUBLIC ART COMMISSION AGREEMENT 2 JASON HAILEY AKA CHOR BOOGIE 234 PALA VISTA DR
Artist for any damage occurring to the Artwork. If Artist is unable to repair the mural in the designated time, Artist agrees that City may procure another individual to repair the damage without Artist's oversight or approval.

4.1 Within thirty (30) days of receiving an invoice from Artist for reasonable expense incurred in connection with repairing the Artwork, City will make payment to the Artist not to exceed the Annual Repair Allocation.

4.2 Artist understands and acknowledges that City does not maintain property insurance for the Artwork or liability insurance for injuries caused by the Artwork. Except as provided in Section 4.1 above, Artist bears the sole risk of damage and loss from any cause whatsoever, and Artist is solely responsible for providing such insurance as Artist deems appropriate.

4.3 Artist understands and agrees that the Mural, when installed, will be incorporated within and made a part of the Site in such a way that removing the Mural from the Site, or the destruction or modification of the Site, may cause the destruction, distortion, mutilation, or other modification of the Mural. Accordingly, Artist agrees that City, in connection with its power and duty to operate and manage City property in the public's interest, shall have the right to remove the Mural from the Site.

City shall have no obligation to display or maintain the Mural for any specific period of time, and City reserves the right to remove or destroy the Mural at any time. Artist hereby waives any and all rights Artist may have to prevent or cause the prevention of the removal or destruction of the Mural, or to seek any other relief in connection with any such removal or destruction, pursuant to 17 U.S.C. §106A or pursuant to California Civil Code §987, as such sections now exist or may hereafter be amended.

Section 5. Artist hereby recognizes that City may, in its sole discretion, make, or cause to be made, license, or permit reproductions of the Mural for any purpose whatsoever without payment of a royalty, license fee, or any other form of compensation to Artist. Such reproductions include, but are not limited to, analog and digital imagery of any nature, including still photographs, motion pictures, television, and all similar or successor processes whether or not now known or conceived. City may, in its sole discretion, incorporate images or representations of the Mural in other City-owned works or images and may pursue copyright, trademark, and service mark registration in its own name for the Mural and any derivative works owned by City except as prohibited by any existing copyrights, trademarks, and service mark registrations or any other legal requirements, obligations, or restrictions so entitled to the estate of the Artist or Artist's successors and/or assigns. City may repair, restore, and refinish the Mural in its sole discretion. Artist hereby assigns all copyright interests in the Mural to City and waives any interest in resale royalties under California Civil Code §986 or any other law requiring the payment of resale royalties.

Section 6. Artist hereby acknowledges and agrees that Artist is familiar with the "California Art Preservation Act" (California Civil Code section 987 et seq.) and the "Visual Artists' Rights Act of 1990" (17 U.S.C. Section 101 et seq.) and expressly waives 06/23/2026
C11
63 of 73
PUBLIC ART COMMISSION AGREEMENT 3 JASON HAILEY AKA CHOR BOOGIE 234 PALA VISTA DR
Artist's rights under those Acts to the extent permissible therein. Those Acts require that a waiver of their provisions be expressly made in writing, and being fully informed, Artist and his or her agents, heirs, successors, and assigns hereby waive any and all rights they may have under the provisions of these Acts; except to the extent otherwise called for under this Agreement. Artist and his or her agents, heirs, successors, and assigns further agree not to attempt to defeat this waiver by cooperating, encouraging, or assisting any organization or individual which seeks to bring an action under these Acts.

Section 7. City shall have no obligation to repair or replace the Mural. If City alters the Mural without 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 California Art Preservation Act and the Visual Artist’s Rights Act of 1990.

Section 8. Any notice, amendments, or additions to this Agreement, including change of address of either Party during the term of this Agreement, shall be sent to the respective Party as follows:

If to City:

City of Vista
Attn: Recreation & Community Services Director
200 Civic Center Drive
Vista, CA 92084
If to Artist:

Jason Hailey AKA Chor Boogie
3916 N. Potsdam Avenue, #5038
Sioux Falls, SD 57104
[email protected]

Any notice or demand which may or must be given or made by a Party hereto, under the terms of this Agreement or any statute or ordinance shall be in writing; and shall be deemed received on: (a) the day of delivery if delivered by hand (including overnight courier service) during receiving Party's regular business hours or by facsimile before or during receiving Party's regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid, to the addresses set forth above, or to such other addresses as the Parties may, from time to time, designate in writing pursuant to the provisions of this Section.

Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. In the event a Party changes its address and fails to provide notice to the other Party in accordance with this Section, then notice to the address of record shall be sufficient to comply with any obligation to provide notice under this Agreement, and the other Party shall have no obligation to attempt to otherwise locate or trace the Party that has changed its address.

Section 9. Artist shall indemnify, defend, and hold harmless City (including its elected officials, officers, agents, and employees) from and against any and all claims (including all litigation, demands, damages, liabilities, costs, and expenses) resulting from or arising out of any infringement of patent rights, trade dress, trade secret, copyrights, or any proprietary right or trademark and all other intellectual property claims of any third-party persons concerning the Mural. Artist's indemnification shall include 06/23/2026
C11
64 of 73
PUBLIC ART COMMISSION AGREEMENT 4 JASON HAILEY AKA CHOR BOOGIE 234 PALA VISTA DR
any and all costs, expenses, court costs, attorneys' fees, and liability incurred by the City in enforcing the provisions of this section, and in defending against such claims, whether the same proceed to judgment or not. Artist shall reimburse City for any expenditures City incurs by reason of such matters. These indemnity provisions shall survive the expiration or other termination of this Agreement.

Section 10. This Agreement represents the entire and integrated Agreement of the Parties and supersedes any and all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Parties.

Section 11. The Parties hereto have mutually negotiated the terms and conditions of this Agreement and each Party has had an opportunity to receive independent legal advice with respect to the advisability of executing the Agreement and the meaning of the provisions contained herein.

Section 12. In the event of a breach or default of this Agreement, the non- breaching Party shall be entitled to all remedies available pursuant to the terms of this Agreement, at law and in equity, including, but not limited to, specific performance of this Agreement, and all such remedies are cumulative in nature and may be asserted by such Party in the alternative and the assertion of a remedy by a Party shall not be deemed an exclusive election of remedies or waiver of any other rights conferred on that Party by the terms of this Agreement.

Section 13. No waiver of any breach of any agreement, provision, or failure of a condition herein contained shall be deemed a waiver of any preceding or succeeding breach or failure thereof, or of any other agreement, provision, or condition contained herein, nor an extension of time for performance of any other obligation or act.

Section 14. This Agreement shall be governed by, interpreted under, construed, and enforced in accordance with the laws of the State of California. This Agreement is made and entered into in the County of San Diego, State of California, and any legal actions or proceedings arising from or related to this Agreement shall be brought in the County of San Diego, State of California.

Section 15. This Agreement may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original; and all such counterparts shall together constitute but one and the same Agreement.

[Continued to page 5.]
06/23/2026
C11
65 of 73
PUBLIC ART COMMISSION AGREEMENT 5 JASON HAILEY AKA CHOR BOOGIE 234 PALA VISTA DR
IN WITNESS, WHEREOF, the Parties hereto have executed this Agreement as of the Agreement Date.

“City”

CITY OF VISTA, a chartered municipal
corporation

By:

JOHN B. FRANKLIN, MAYOR

ATTEST:

KATHY VALDEZ, CITY CLERK

By:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY

By:

RISK MANAGEMENT REVIEW:

ANALISA HOLBROOK, RISK MANAGER

By:
“Artist”

JASON HAILEY, also known as CHOR
BOOGIE

APPROVED
Allegra Frost
20260617121907

06/23/2026
C11
66 of 73
PUBLIC ART COMMISSION AGREEMENT 6 JASON HAILEY AKA CHOR BOOGIE 234 PALA VISTA DR

EXHIBIT A

ARTWORK

“Kites” to be located at 234 Pala Vista Drive, Vista, California

06/23/2026
C11
67 of 73
PUBLIC ART COMMISSION AGREEMENT 1 H. HEINRICH, L. MARTIN & C. RIGMAIDEN 215 PALM DRIVE

PUBLIC ART AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into as of __________ ("Agreement Date"), by and between City of Vista, a chartered municipal corporation ("City"), and Hunter Heinrich, Lydia Martin, and Cyril Rigmaiden (each an "Artist" and collectively “Artists”). City and Artists are sometimes individually referred to as a "Party" and collectively as "Parties."

RECITALS
A. Artists submitted a proposal to create an original mural entitled “Boho Vista,” a photocopy of which is attached hereto and incorporated herein as Exhibit A ("Mural").

B. The Mural (“Artwork”) was selected by City to be installed at 215 Palm Drive, Vista, California (“Display Site” or “Site”), and City desires to commission Artists to complete the design, construction, and installation of the Mural.

C. City, in accordance with the terms of this Agreement, wishes to commission the Mural pursuant to approval by City Council.

NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the Parties agree as follows:

Section 1. Artists agree to design, construct, and install the Mural in substantial conformity with Exhibit A. Artists shall be responsible for the design, procurement of supplies and equipment, finish, and all other steps and procedures necessary to install the Mural.

Section 2. City will pay Artists a fee of $15,000. Each Artist shall be paid $2,000 within 30 days of execution of this Agreement. Each Artist shall be paid $3,000 within 30 days of completion of the Mural. Mural must be completed no later than October 31, 2026.

Section 3. The Mural is to be delivered to City free from any liens or encumbrances thereon. The Mural is accepted by City based on City's reliance on Artists' representations that (1) Artists is conveying the Mural to City as a work for hire; (2) there are no liens or encumbrances on the Mural; and (3) the Mural is an original work of art, and no other artist or craftsman has any rights, artistic or otherwise, in the Mural.

Section 4. Following notice from City, Artists will repair, within five (5) days, any vandalism to the Artwork. City will reimburse the Artist for all reasonable expenses incurred by the Artist in repairing any damage resulting from vandalism not to exceed $1,000 per fiscal year ("Annual Repair Allocation"). If the Artists determine that a repair will require the Artist to incur costs exceeding the Annual Repair Allocation, the Artist 06/23/2026
C11
68 of 73
EXHIBIT 11
PUBLIC ART COMMISSION AGREEMENT 2 H. HEINRICH, L. MARTIN & C. RIGMAIDEN 215 PALM DRIVE
may terminate the Agreement and be relieved of making the repair. Beyond making payment toward the Annual Repair Allocation, City shall have no responsibility to the Artist for any damage occurring to the Artwork. If Artist is unable to repair the mural in the designated time, Artist agrees that City may procure another individual to repair the damage without Artists' oversight or approval.

4.1 Within thirty (30) days of receiving an invoice from Artist for reasonable expense incurred in connection with repairing the Artwork, City will make payment to the Artist not to exceed the Annual Repair Allocation.

4.2 Artists understand and acknowledge that City does not maintain property insurance for the Artwork or liability insurance for injuries caused by the Artwork. Except as provided in Section 4.1 above, Artists bear the sole risk of damage and loss from any cause whatsoever, and Artists are solely responsible for providing such insurance as Artists deem appropriate.

4.3 Artists understand and agree that the Mural, when installed, will be incorporated within and made a part of the Site in such a way that removing the Mural from the Site, or the destruction or modification of the Site, may cause the destruction, distortion, mutilation, or other modification of the Mural. Accordingly, Artists agree that City, in connection with its power and duty to operate and manage City property in the public's interest, shall have the right to remove the Mural from the Site.

City shall have no obligation to display or maintain the Mural for any specific period of time, and City reserves the right to remove or destroy the Mural at any time. Artists hereby waive any and all rights Artists may have to prevent or cause the prevention of the removal or destruction of the Mural, or to seek any other relief in connection with any such removal or destruction, pursuant to 17 U.S.C. §106A or pursuant to California Civil Code §987, as such sections now exist or may hereafter be amended.

Section 5. Artists hereby recognize that City may, in its sole discretion, make, or cause to be made, license, or permit reproductions of the Mural for any purpose whatsoever without payment of a royalty, license fee, or any other form of compensation to Artists. Such reproductions include, but are not limited to, analog and digital imagery of any nature, including still photographs, motion pictures, television, and all similar or successor processes whether or not now known or conceived. City may, in its sole discretion, incorporate images or representations of the Mural in other City-owned works or images and may pursue copyright, trademark, and service mark registration in its own name for the Mural and any derivative works owned by City except as prohibited by any existing copyrights, trademarks, and service mark registrations or any other legal requirements, obligations, or restrictions so entitled to the estate of the Artists or Artists' successors and/or assigns. City may repair, restore, and refinish the Mural in its sole discretion. Artists hereby assign all copyright interests in the Mural to City and waives any interest in resale royalties under California Civil Code §986 or any other law requiring the payment of resale royalties.

Section 6. Artists hereby acknowledge and agree that Artists are familiar with the "California Art Preservation Act" (California Civil Code section 987 et seq.) and the 06/23/2026
C11
69 of 73
PUBLIC ART COMMISSION AGREEMENT 3 H. HEINRICH, L. MARTIN & C. RIGMAIDEN 215 PALM DRIVE
"Visual Artists' Rights Act of 1990" (17 U.S.C. Section 101 et seq.) and expressly waives Artists' rights under those Acts to the extent permissible therein. Those Acts require that a waiver of their provisions be expressly made in writing, and being fully informed, Artists and their agents, heirs, successors, and assigns hereby waive any and all rights they may have under the provisions of these Acts; except to the extent otherwise called for under this Agreement. Artists and their agents, heirs, successors, and assigns further agree not to attempt to defeat this waiver by cooperating, encouraging, or assisting any organization or individual which seeks to bring an action under these Acts.

Section 7. City shall have no obligation to repair or replace the Mural. If City alters the Mural without Artists' consent in a manner that is prejudicial to Artists' reputation, Artists retain the right to disclaim authorship of the Mural in accordance with the California Art Preservation Act and the Visual Artist’s Rights Act of 1990.

Section 8. Any notice, amendments, or additions to this Agreement, including change of address of either Party during the term of this Agreement, shall be sent to the respective Party as follows:

If to City:

City of Vista
Attn: Recreation & Community Services Director
200 Civic Center Drive
Vista, CA 92084
If to Artists:

Hunter Heinrich
1564 Tanglewood Lane, Unit 3
Escondido, CA 92029

Lydia Martin
12002 Sky View Drive, Unit B
Valley Center, CA 92082

Cyril Rigmaiden
2015 Troy Place
Vista, CA 92084

Any notice or demand which may or must be given or made by a Party hereto, under the terms of this Agreement or any statute or ordinance shall be in writing; and shall be deemed received on: (a) the day of delivery if delivered by hand (including overnight courier service) during receiving Party's regular business hours or by facsimile before or during receiving Party's regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid, to the addresses set forth above, or to such other addresses as the Parties may, from time to time, designate in writing pursuant to the provisions of this Section.

Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. In the event a Party changes its address and fails to provide notice to the other Party in accordance with this Section, then notice to the address of record shall be sufficient to comply with any obligation to provide notice 06/23/2026
C11
70 of 73
PUBLIC ART COMMISSION AGREEMENT 4 H. HEINRICH, L. MARTIN & C. RIGMAIDEN 215 PALM DRIVE
under this Agreement, and the other Party shall have no obligation to attempt to otherwise locate or trace the Party that has changed its address.

Section 9. Artists shall each indemnify, defend, and hold harmless City (including its elected officials, officers, agents, and employees) from and against any and all claims (including all litigation, demands, damages, liabilities, costs, and expenses) resulting from or arising out of any infringement of patent rights, trade dress, trade secret, copyrights, or any proprietary right or trademark and all other intellectual property claims of any third-party persons concerning the Mural. Artists’ indemnification shall include any and all costs, expenses, court costs, attorneys' fees, and liability incurred by the City in enforcing the provisions of this section, and in defending against such claims, whether the same proceed to judgment or not. Artists shall each be individually responsible for reimbursing City for any expenditures City incurs by reason of such matters. These indemnity provisions shall survive the expiration or other termination of this Agreement.

Section 10. This Agreement represents the entire and integrated Agreement of the Parties and supersedes any and all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Parties.

Section 11. The Parties hereto have mutually negotiated the terms and conditions of this Agreement and each Party has had an opportunity to receive independent legal advice with respect to the advisability of executing the Agreement and the meaning of the provisions contained herein.

Section 12. In the event of a breach or default of this Agreement, the non- breaching Party shall be entitled to all remedies available pursuant to the terms of this Agreement, at law and in equity, including, but not limited to, specific performance of this Agreement, and all such remedies are cumulative in nature and may be asserted by such Party in the alternative and the assertion of a remedy by a Party shall not be deemed an exclusive election of remedies or waiver of any other rights conferred on that Party by the terms of this Agreement.

Section 13. No waiver of any breach of any agreement, provision, or failure of a condition herein contained shall be deemed a waiver of any preceding or succeeding breach or failure thereof, or of any other agreement, provision, or condition contained herein, nor an extension of time for performance of any other obligation or act.

Section 14. This Agreement shall be governed by, interpreted under, construed, and enforced in accordance with the laws of the State of California. This Agreement is made and entered into in the County of San Diego, State of California, and any legal actions or proceedings arising from or related to this Agreement shall be brought in the County of San Diego, State of California.

06/23/2026
C11
71 of 73
PUBLIC ART COMMISSION AGREEMENT 5 H. HEINRICH, L. MARTIN & C. RIGMAIDEN 215 PALM DRIVE
Section 15. This Agreement may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original; and all such counterparts shall together constitute but one and the same Agreement.

IN WITNESS, WHEREOF, the Parties hereto have executed this Agreement as of the Agreement Date.

“City”

CITY OF VISTA, a chartered municipal
corporation

By:

JOHN B. FRANKLIN, MAYOR

ATTEST:

KATHY VALDEZ, CITY CLERK

By:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY

By:

RISK MANAGEMENT REVIEW:

ANALISA HOLBROOK, RISK MANAGER

By:
“Artists”

HUNTER HEINRICH

LYDIA MARTIN

CYRIL RIGMAIDEN

APPROVED
Allegra Frost
20260617121420

06/23/2026
C11
72 of 73
PUBLIC ART COMMISSION AGREEMENT 6 H. HEINRICH, L. MARTIN & C. RIGMAIDEN 215 PALM DRIVE

EXHIBIT A

ARTWORK

“Boho Vista” to be located at 215 Palm Drive, Vista, California

06/23/2026
C11
73 of 73