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HomeMy WebLinkAboutE-6 Staff Report - Agreement for Installation and Maintenance of Public Art TemplateCONSENT ITEM E-6 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: MATT MARQUEZ, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR DATE: OCTOBER 4, 2021 SUBJECT: REQUEST AUTHORIZATION TO APPROVE AGREEMENT FOR INSTALLATION AND MAINTENANCE OF PUBLIC ART TEMPLATE BACKGROUND: The Art in Public Places Program was adopted by City Council on September 8, 2009 by Ordinance No. 09-04. The intent and purpose of the ordinance is to enhance the physical appearance of the community by facilitating and promoting opportunities to provide for cultural enhancement. The Art in Public Places Program has the following goals: to distinguish Azusa as a special place to live, work, play, and visit; to integrate the vision of artists with the perspective of other design professionals into the planning and design of the urban landscape; to provide every member of the community easy visual access to artworks from vehicles on major public streets; to provide a means to counterbalance what many consider to be the "negative" effects of development (e.g. construction noise, traffic, congestion, and pollution); and to strengthen cultural awareness, creativity, and innovative thinking in the community. The Art in Public Places Program requires commercial and industrial development or residential projects of eight dwelling units or more, with a total building project valuation of $750,000.00 or more, to select, purchase and install permanent outdoor art at the development site, accessible and visible to the general public from public streets. The required minimum art allocation shall be one percent of the total building construction valuation (excluding tenant improvements), which is determined using the International Conference of Building Officials (ICBO) tables in effect at the time building permits are issued. The maximum art allocation per project will be set at $50,000.00. The developer may choose to pay the In Lieu Fee if they do not want art onsite. As the Azusa Public Art Programs continue to expand, staff will continue to develop new methods to carry out the intent of the Azusa Municipal Code Chapter 88.39 – Art in Public Places Program. RECOMMENDATION: Staff recommends that the City Council take the following actions: APPROVED CITY COUNCIL 10/6/2021 Agreement for Installation and Maintenance of Public Art October 4, 2021 Page 2 of 2 1) Approve Agreement for Installation and Maintenance of Public Art Template for future development projects; and 2) Authorize the City Manager to execute, in a form acceptable to City Attorney, on behalf of the City. ANALYSIS: The Agreement for Installation and Maintenance of Public Art outlines the various responsibilities for the property owner and the City. This agreement would be recorded with the corresponding property in which the public art would be installed. This will ensure that the public art is maintained and the public benefit of the public art is continued for future generations. FISCAL IMPACT: There is no fiscal impact associated with the proposed recommendations. Prepared by: Reviewed by: Manuel Muñoz Matt Marquez Planning Manager Director of Economic and Community Development Fiscal Reviewed by: Reviewed and Approved by: Talika M. Johnson Sergio Gonzalez Director of Administrative Services City Manager Attachments: 1. Template of Agreement for Installation and Maintenance of Public Art Public Art Installation and Maintenance Agreement Name of Artwork – Project Name – Project Address Page 1 of 5 RECORDING REQUESTED BY, AND WHEN RECORDED RETURN A COPY TO: C ity of Azusa Office of City Clerk 213 E. Foothill Boulevard Azusa, CA 91702 ____________________________________________________________________________ (Space above this line for Recorder’s use only) AGREEMENT FOR INSTALLATION AND MAINTENANCE OF PUBLIC ART THIS AGREEMENT is made this ______ day of ______________, __________, between owner name hereafter referred to as “Property Owner,” and the CITY OF AZUSA, a Municipal Corporation, hereafter referred to as “City.” RECITALS THIS AGREEMENT is based upon the following facts: 1. Property Owner is the owner of real property in the City of Azusa, Project Address, Azusa, CA 91702, APN described in Exhibit “A” attached to this Agreement and made a part of it by this reference (“Property”); 2. Property Owner is the owner of the The Rock, The River, The Door public art project in the City of Azusa, located within the The Orchard project, 626 N. Azusa Avenue, Azusa, CA 91702, and described as and referenced in Exhibit “B” 3.On date, the City granted a permit in a zone to the Property Owner in accordance with the zoning ordinance of the City of Azusa (“Permit”). 4.By the terms of the Permit (Application Number), the Property Owner is required to install and maintain public art in accordance with a plan received by the City on approval date, a copy of which is on file in the City Office to which reference is made for further particulars; 5.Both parties recognize that the installation and maintenance of public art is an integral part of the Property Owner’s plan for development of the Property, and is necessary to carry out the purpose and intent of the City’s Land Use regulations, and that the development would not have been approved by City without the assurance that this Agreement would be executed by Property Owner. NOW, THEREFORE, IT IS AGREED BETWEEN THE PARTIES, as follows: Attachment 1 Public Art Installation and Maintenance Agreement Name of Artwork – Project Name – Project Address Page 2 of 5 1. PURPOSE. The purpose of this Agreement is to assure (a) installation of the public art in accordance with plan previously approved by the City and (b) continued maintenance and care of the installed public art. 2. PROPERTY SUBJECT TO AGREEMENT. The Property which is the subject of this Agreement is described in Exhibit “A” which is attached to this Agreement and incorporated in it by this reference. 3. CITY PROCEEDINGS. Reference is made to the Planning Commission proceedings conducted by the City (Planning Entitlement Nos. XXX) and the plan for the Property, a copy of which is on file in the City Offices. 4. PUBLIC ART AS A BENEFIT. Property Owner agrees that the public art which he/she is obligated to provide will materially benefit his/her Property and is necessary to comply with Azusa Municipal Code Chapter 88.39 – Art in Public Places Program imposed by the City as a requirement of the development of the Property. 5. DUTY TO INSTALL AND MAINTAIN PUBLIC ART. Property Owner agrees to complete the installation of the approved public art prior to final building Certificate of Occupancy issuance, and to diligently maintain and care for the public art which he/she installs, as outlined in the Art in Public Places Commission Resolution (AIPPC-YEAR-NUMBER). Property Owner shall maintain that standard maintenance and care necessary to prevent the public art from deteriorating to the extent that its value is destroyed. It shall be in the City’s sole discretion whether the public art is being appropriately maintained and cared for. 6. CITY MAY MAINTAIN PUBLIC ART. Property Owner agrees that if he/she fails to meet the standard of maintenance necessary to keep the public art in a safe condition, the City will give written notice of the deficiency to the Property Owner who shall have 20 calendar days to make the necessary correction, and if the correction is not made within 20 calendar days, the City may elect to take the steps necessary to assure that the public art is maintained and cared for. Prior to entering upon the Property to perform the work necessary to assure the public art is maintained and cared for, the City shall serve a notice of its intent to enter the Property for this purpose and Property Owner does hereby grant City an irrevocable license to enter upon the Property to effect the purposes set forth herein. The City shall either personally serve the notice upon the Property Owner or mail a copy of it by certified mail at the Property Owner’s last known address, or as shown on the tax rolls at least 15 calendar days in advance of the date when it intends to enter the Property. For this purpose, the City may enter upon the Property and perform such work as it considers reasonably necessary and proper to restore and maintain the public art. The City may act either through its own employees or through an independent contractor. 7. CITY’S COSTS OF MAINTENANCE A LIEN. If the City incurs costs in restoring or maintaining the public art after following the procedure set forth in Paragraph 6 above, the City shall make demand on the Property Owner for payment of such cost. If the Property Public Art Installation and Maintenance Agreement Name of Artwork – Project Name – Project Address Page 3 of 5 Owner fails to pay the costs incurred by the City within 30 calendar days of the date of the demand, the City may make the costs a lien upon the Property described in Exhibit “A” by recording a notice that it has incurred expenses under the terms of this Agreement with the County Recorder of Los Angeles County. The notice shall state the fact that the City has incurred the costs under the terms of this Agreement, the amount of unpaid costs, and that the unpaid principal draws interest at the rate of 7 percent per year until paid. 8. ADDITIONAL REMEDIES. The City may as an alternative to the lien procedure set forth above in Paragraph 7, bring legal action to collect the sums due as a result of its accrual of costs for restoration and maintenance of the public art. The Property Owner agrees that if legal action by the City is necessary to collect the amount expended by the City, the Property Owner is responsible for the City’s attorney’s fees and court costs, together with interest from the date which is 30 days after the City has given its notice, under Paragraph 6 above. 9. NOTICES. Notice given by each party to this Agreement shall be given to the other party at the addresses shown below: Notices to the City shall be addressed to the Planning Manager, City of Azusa, Planning Division 213 E. Foothill Boulevard, Azusa, CA 91702. Notices to the Property Owner shall be addressed to him/her at the following address: (Property Owner Name) (Property Owner Address) (Property Owner Address) When Property Owner ceases to be the owner of the Property, he/she shall file with the City a notice to that effect containing the name and address of the new owner and a copy of the deed. Upon doing so, the subsequent owner is charged with the obligations under this Agreement, which shall run with the Property. 10. MISCELLANEOUS TERMS AND PROVISIONS: (a) If any provision of this Agreement is adjudged invalid, the remaining provisions of it are not affected. (b) Notice to Property Owner shall be deemed to have been given to him/her when sent to his/her address above stated. (c) This writing contains a full, final and exclusive statement of the contract of the parties. (d) Property Owner appoints the City as his/her attorney-in-fact, to do all acts and things which the City considers necessary to restore or maintain the public art approved under the Zoning Administrator proceedings. (e) If there is more than one signer of this Agreement as Property Owner, their obligations are joint and several. (f) The obligations upon the Property Owner signing this Agreement terminates personally as to him/her when he/she conveys his/her interest in the Property and files for record with the County Recorder a copy of assignment of this Agreement. In this case the new owner(s) takes title subject to the requirements of this Agreement. Public Art Installation and Maintenance Agreement Name of Artwork – Project Name – Project Address Page 4 of 5 (g) Without limitation of any other provision hereof, Artist(s) expressly agrees to waive any and all rights Artist(s) may have pursuant to title 17 U.S.C. Section 106A, (commonly known as the "Visual Artists Rights Act of 1990") as Artist(s)’s rights under Act apply, if at all, to the following uses of Artwork: 1. City shall have the right to reproduce Artwork as provided in this Agreement. 2. City shal l have the right to move, relocate, repair or remove Artwork from the intended 3. location and to store or dispose of Artwork as City deems appropriate. 4. City shall have the right to loan the Artwork as City deems appropriate 5. Artist(s) further agrees that to the extent California Civil Code Section 987 has force or effect with respect to Artist’s rights to the Artwork, Artist expressly waives such rights. 11. AGREEMENT ATTACHES TO LAND. This Agreement pertains to and runs with the Property described in Exhibit “A”. This Agreement binds the successors in interest of each of the parties to it. 12. CITY MAY REQUIRE ADDITIONAL SECURITY. If upon execution of this Agreement or during the course of performance the City considers that it is necessary to have the Property Owner post additional security to guarantee the performance of his/her obligations, the City may require the Property Owner to post additional security. The City may require either a cash deposit or a surety bond guaranteeing performance, signed by sureties, and in a form deemed satisfactory to the City. The condition of the security shall be that if the Property Owner fails to perform his/her obligations under this Agreement, the City may in the case of a surety bond require the sureties to perform the obligations of the Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above written. CITY OF AZUSA: Signature: ______________________________ Sergio Gonzalez, City Manager ATTEST: Signature: ______________________________ Jeffrey Lawrence Cornejo, Jr., City Clerk PROPERTY OWNER(S): Signature: ______________________________ Print Name: _________________________ , Property Owner Signature: ______________________________ Print Name: _________________________ Public Art Installation and Maintenance Agreement Name of Artwork – Project Name – Project Address Page 5 of 5 , Property Owner NOTE: Property Owner’s signature(s) must be notarized on a separate notary sheet. Signatures must match letter-for-letter with printed name on this Agreement. ATTACHMENTS: Exhibit “A” – Legal Description Exhibit “B” – Public Art Plan Notary Form