INTERGOVERNMENTAL AGREEMENT FOR A PUBLIC ART … · recommendation to the Public Art Committee for final approval. C. Term of Intergovernmental Agreement: This easement shall be for

Central Lincoln & City of Florence Mural IGA Page 1 of 5

INTERGOVERNMENTAL AGREEMENT FOR A PUBLIC ART INSTALLATION IN THE CITY OF FLORENCE, OREGON

This Intergovernmental Agreement is between the Central Lincoln People’s Utility District (‘District’, property owner) and the City of Florence (‘City’).

I. RECITALS

A. The City has adopted a process for the placement of public art in and on public and private locations throughout the City of Florence.

B. District owns the property legally described in Exhibit A (attached hereto and incorporated herein) and is willing to make said property available to the City for placement of a mural and subsequent landscaping and lighting as appropriate.

II. AGREEMENT

Mural will be the property of the City of Florence public art collection and may be removed or terminated by either party per this agreement. The above recitals are incorporated into and made a part of this Agreement. In consideration of the recitals set out above, Agency and City agree as follows:

A. Grant of Easement: District conveys, grants and warrants to the City, its successors and assigns, an easement for the purpose of installing, maintaining, operating and exhibiting a Mural on the real property described in Exhibit A, including removal and replacement of vegetation in front of wall described in Exhibit A. City agrees to maintain any vegetation it installs adjacent to mural.

B. Approval Process: The Mural design shall be approved by the City of Florence’s Public Art Committee per the Public Art Guidelines adopted by the Florence City Council. Prior to final approval of mural design, the Public Art Committee shall appoint a mural selection committee for the project, of which a representative from District will be encouraged to participate. The mural selection committee will then make a design recommendation to the Public Art Committee for final approval.

C. Term of Intergovernmental Agreement: This easement shall be for a period of ten (10) years from the date of execution. Unless terminated as provided in section D or extended by mutual agreement. , the easement shall automatically renew thereafter, and shall remain in full force and effect unless and until terminated.

Central Lincoln & City of Florence Mural IGA Page 2 of 5

D. Termination:

1. Termination after completion of ten-year easement period: After the expiration of the ten-year easement period, the easement may be terminated by either party, for any reason, upon 30 days written notice to the other party.

2.1. Termination prior to completion of ten-year easement period: Prior to completion of the ten-year easement period, the easement may be terminated upon mutual agreement of the by either of the parties. Notification of request to terminate the agreement must be submitted in writing to the other party. Such notice shall list one or more of the following reasons for the termination request and how any mitigation of the reason was attempted and unsuccessful. No termination of the provisions of this agreement shall be effective unless signed by authorized representatives of the parties. A request to terminate the agreement must be reviewed by the other party within 60 days of notice of the request. The party receiving the request to terminate is not obligated to agree to termination, but must respond to the request within 60 days.

a. Qualified reasons for early termination: Prior to the termination of the ten-year easement period, the easement may be terminated by either party for the following reasons:

(1) The property is sold and the buyer requires removal of the easement as a condition of the purchase and sale; or

(2) The property is to be substantially remodeled or altered in a way that precludes continued maintenance of the mural; or

(3) The mural has not been adequately maintained, or cannot continue to be adequately maintained, per Section F below.

(4) Circumstances have materially changed and the continued existence of the easement or maintenance of the mural substantially impedes reasonable use and enjoyment of the property.

(4) The mural places the Distict in a negative light, the determination of which is solely in the Districts discretion.

Formatted: Body Text, Indent: Left: 1.5", No bullets ornumbering

Central Lincoln & City of Florence Mural IGA Page 3 of 5

3.2. Immediate Termination Due to Damage and/or Safety Concerns: The City may remove the mural immediately from the property if in the judgement of the City, the mural is, or is being, excessively damaged, or is found to represent a danger to the health/safety of the public. Such determination may be made by the City Manager in consultation with the Public Art Committee Chairperson. In event the mural is to be removed due to damage, the City shall notify the District as soon as possible of the intended removal date / times. Upon removal and restoration of the property, this Agreement will be terminated.

E. Mural Removal: District and City expressly agree and warrant that upon termination, the mural shall be removed at the City’s expense and property restored to its prior condition, as shown in Exhibit A, or as agreed upon between the City and District at time of removal. Such removal shall occur within 75 days of the termination of the easement, unless this period is extended in writing by the District. Upon termination of the agreement, all property maintenance, including landscaping, shall revert to the District.

F. Mural Maintenance: The City is responsible for the maintenance and if necessary repair of the Mural and surrounding landscaping and lighting as indicated in Exhibit A, during the term of the easement. Such maintenance shall adhere to the requirements of the Public Art Guidelines as adopted by the Florence City Council. If The mural places the Distict in a negative light, the determination of which is solely in the Districts discretion, the City has 30 days to perform the necessary maintenance to remedy the Districts concerns to the Districts satisfaction.

G.F. Right of Effect: The City shall have the right to access the property described in Exhibit A for any and all of the purposes described in this agreement.

H.G. Binding Effect: The easement granted in this agreement shall run with the land and be binding upon inure to the benefit of the District and the City, and their respective successors or assigns, and any person or entity acquiring any right, title, or interest in the property. At City’s discretion and at City’s expense, City may record this agreement, or a memorandum of this agreement, in the real property records for Lane County.

I.H. Contractual Relationship Assignment: This agreement does not constitute either party as the agent or legal representative of the other for any purpose whatsoever. The parties are not granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of the other or to bind the other in any manner whatsoever. The

Formatted: Body Text, Indent: Left: 1.5", No bullets ornumbering

Central Lincoln & City of Florence Mural IGA Page 4 of 5

parties shall not assign this agreement without the prior consent of the other.

J.I. Notice: Notice shall be made in writing to the following addresses, unless otherwise provided for:

City: Florence City Hall Attn: City Manager 250 Highway 101 Florence, OR 97439

District: Central Lincoln People’s Utility District Attn: General Manager 2129 N. Coast Highway Newport, OR 97365

K.J. Amendments: The parties expressly reserve the right to modify this agreement, from time to time, by mutual agreement. No modification or amendment of the provisions of this agreement shall be effective unless in writing and signed by authorized representatives of the parties.

Remedies:The rights under this agreement are cumulative. The failure to exercise on any occasion any right shall not operate to forfeit the right on another occasion. The use of one remedy shall not be taken to exclude or waive the right to use another. Nothing herein prohibits the district to act in any manner it deems necessary to protect the its property, the safety of its employees, customers and the public, and its good will and reputation; in furtherance thereof, any act required of the district to accomplish the above shall be deemed reasonable.

L.K.

M.L. Invalidity of Particular Provisions: Should any term, provision, condition or other portion of this agreement or the application thereof be held to be inoperative, invalid or unenforceable, the remainder of this agreement or the application of the term or provision to persons or circumstances other than those to which it is held invalid or unenforceable shall not be affected thereby and shall continue in full force and effect.

N.M. No Waiver: No waiver of full performance by any party shall be construed, or operate, as a waiver of any subsequent default or breach of any of the terms, covenants or conditions of this agreement.

Central Lincoln & City of Florence Mural IGA Page 5 of 5

O.N. This Agreement shall become effective upon the date the Agreement is executed by both parties.

Central Lincoln People’s Utility District City of Florence

By:

By:

Title:

Title

Date:

Date:

P.O.

From: Joshua GreeneTo: Kelli WeeseCc: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Jennifer French; Shawn PenrodSubject: PUBLIC ART FROM OSLODate: Tuesday, December 05, 2017 3:34:17 PM

A MIX OF OLD & NEW...

Joshua GreeneCity Councilor

E:[email protected]

250 Hwy 101Florence, OR 97439Phone: 541-997-3437

"If you tell the truth, you don't have to remember anything"...Mark Twain

PUBLIC RECORDS LAW DISCLOSURE: This email is a public record of the City of Florence and is subject to public inspection unless exempt from disclosure under Oregon Public Records Law. This email is also subject to the City's Public Records Retention Schedule.

From: Joshua GreeneTo: Kelli WeeseCc: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Jennifer French; Shawn PenrodSubject: PUBLIC ART FROM PORTUGALDate: Tuesday, December 05, 2017 3:24:19 PM

Thought you all might appreciate some pics from Portugal...

Joshua GreeneCity Councilor

E:[email protected]

250 Hwy 101Florence, OR 97439Phone: 541-997-3437

"If you tell the truth, you don't have to remember anything"...Mark Twain

PUBLIC RECORDS LAW DISCLOSURE: This email is a public record of the City of Florence and is subject to public inspection unless exempt from disclosure under Oregon Public Records Law. This email is also subject to the City's Public Records Retention Schedule.

Draft Public Art Committee Project Timelines & Discussion Questions Page 1 of 6

Draft Public Art Committee Project Timelines & Discussion Questions 2018 Calendar Year

Trash Cans & Transit Stops (Jennifer & Ron)

1. Trash Cans a. Would we like to continue the program for the remaining trash cans for 2018? –

i. Very damaged already; Not good to do the lids but do the trash cans themselves w/ panels etc. – What is the timeline for new cans?

1. Potential to paint panels during class etc.; then have the panels sprayed with a good clear coat

2. Spring 2018 do the panels – hopefully have the kids to them in their classes 3. Jen & Ron check them out and put more clear paint etc. – have a couple of the students

help as well. a.ii. Potential to buy new trash cans along with ReVision Florence

b. Do we want to fix / replace current trash cans in 2018? If so, what should we budget / remove from budget to do so? – wait until after hear more about ReVision Florence

2. Transit Stops a. What timeline do we wish to implement to update the transit stops (see potential draft for discussion

below)? a.i. Should we do just one (Safeway) now, and then do research for the others for fundraising? –

Yes; b. Do we wish to do fundraising to pay for bus stops outside of the Urban Renewal District? – After

completion of the first bus stop

Tasks Draft Timeline Prepare draft Call to Artists February / March 2018 Call to artists & final project timeline approved by PAC

March 19, 2018 PAC Meeting **

Call to artists published Week of March 20th City / PAC recruit for selection committee

March 20th – April 7th

Public Art Committee Approves Selection Committee

April 16th PAC Meeting **

End Date for Call to Artists April 21st (4 weeks) Selection Committee Reviews Submitted art pieces & prepares recommendation to PAC

April 21st – May 15th

PAC Approves Artist May 21st PAC Meeting (Kelli Not in Attendance)

Potential Date of Installation June / July 2018

Draft Public Art Committee Project Timelines & Discussion Questions Page 2 of 6

Hwy 101 & Hwy 126 Intersection Mural (Jane R. & Joshua)

1. Review Potential Timeline below… 2. Does budget still meet needs of project? (See Update) – Add PR Items to the Timelines

Tasks Draft Timeline Coordinate Intergovernmental Agreement with Central Lincoln PUD

December / January 2018

Approve recommendation for council approval of draft IGA (Pending CLPUD negotiations timeline)

January 22nd PAC Meeting **

Council approve CLPUD IGA February 5th City Council Meeting Prepare draft Call to Artists February / March 2018 Call to artists & final project timeline approved by PAC

March 19, 2018 PAC Meeting **

Call to artists published Week of March 20th City / PAC recruit for selection committee March 20th – April 10th Public Art Committee Approves Selection Committee

April 16th PAC Mtg

End Date for Call to Artists May 4th (7 weeks) Selection Committee Reviews Submitted portfolios & prepares recommendation of artists to continue to PAC

May 7th – 15th

PAC Approves Artist May 21st PAC Meeting ** (Kelli not in attendance)

Artists notified and asked to submit proposed art

Week of May 22nd

Deadline for Art pieces to be submitted from approved artists

June 22nd (4 weeks)

Selection Committee reviews submitted proposals and prepares recommendation to PAC

June 25th – July 10th

PAC Approves artist submittal July 16th PAC Meeting ** Installation Date / Time determined with artist

July 17th – July 31st

Potential Date of Installation August / September 2018

Draft Public Art Committee Project Timelines & Discussion Questions Page 3 of 6

Siuslaw Bridge Steps (Jo & Susan)

1. Review Potential Timeline below… 2. Does budget still meet needs of project? – Have Building Official look at design for safety considerations

Tasks Draft Timeline End Date for Call to Artists January 15th City / PAC Recruit for Selection Committee

December 1st – January 12th Update

Public Art Committee Approves Selection Committee

January 22nd PAC Mtg **

Selection Committee Reviews Submitted art pieces and prepares recommendation to PAC

January 22nd – February 28th

PAC Approves Artist March 19th PAC Mtg ** Submit final designs to ODOT and begin coordinating installation timelines

March 20th

Potential Date of Installation June 2018

Art Exposed Gallery (Harlen, Jayne S., Jane R.)

1. Do we wish to have a selection committee for this project? – No Selection Committee – Let people know what we are doing and invite them to the PAC meeting to decide and submit written comments

2. Do we wish to have a February PAC meting in order to approve artists for project? 3. Review Potential Timeline below… 4. Does budget still meet needs of project?

Tasks Draft Timeline Draft Call to Artists Approved by PAC December 11th PAC Meeting ** Call to Artists Published Week of December 11th – Next Week City / PAC Recruit for Selection Committee

December 12th – January 16th

Public Art Committee Approves Selection Committee

January 22nd PAC Meeting **

Letters to surrounding property owners etc.

January / February

End Date for Call to Artists January 28th February 18th Selection Committee Reviews Submitted art pieces and prepares recommendation to PAC

January 29th - February 9th

Draft Public Art Committee Project Timelines & Discussion Questions Page 4 of 6

PAC Approves Artist Potential February Meeting? (Not currently planned) – March PAC Meeting (allow for public comments)

Potential Date of Installation April May 2018

Approve the Call to Artists – Ron M, Jane 2nd – All in Favor

• $25 entry fee – Submit up to 5 – 1 for each location;

Public Art Donations

1. Review general timeline / process for items as they come up below… 2. Donation Review Criteria

a. Artistic Excellence – Piece has exceptional quality and enduring value b. Appropriateness to Collection – Piece meets goals of PAC for diversity of media, artists represented and

styles c. Appropriateness to Site – Relationship of artwork to site is considered d. Maintenance provisions – Detailed maintenance instructions received from donor (including frequency

of cleaning, etc.), potential funds for maintenance considered.

Tasks Draft Timeline Coordinate with donor to complete donation form and review criteria for approval (see approval criteria below)

Prepare recommendation for potential recommendation of approval by PAC including review of criteria and location

PAC Recommends City Manager approve acceptance of Donation

At a PAC Meeting

Coordinate with Public Works Department for attainment & placement of piece

Potential Date of Installation

Fundraising (Susan,

1. How do we want to research / apply for grant opportunities? Do we need to allocate funding toward an intern / grant professional?

2. How do we want to fundraise for the projects within the community? 2.3. Create a formal $ Donation program

Draft Public Art Committee Project Timelines & Discussion Questions Page 5 of 6

Marketing (Jo & Kelli – with each project team through their timelines)

1. How do we want to update the City’s PAC site? 2. What project marketing do we want to do? – Brochures, Website, Social Media, Local Media, Groundbreaking /

Ribbon Cutting

Other Projects

1. How / when do we want to prepare catalog of current art pieces? How should maintenance timeline be implemented?

Mural Code Amendments

1. Review general timeline / process for items as they come up below… Note: Timeline not affirmed by City Manager or Planning Director and subject to change

Tasks Draft Timeline Discussion of options / alternatives prepared in conjunction with City Attorney

January – March 2018

PAC Approves direction of amendments to the City Council

March 19th PAC Meeting **

PAC, CC, PC - Joint Work Session to discuss direction

April 4th City Council Work Session

Draft Code Amendments Prepared April 5th – 27th Draft Amendments reviewed by Attorney and Team

April 27th – May 15th

Amendments sent to PAC for review May 15th PAC makes recommendation to initiate code amendment process

May 21st PAC Meeting ** (Kelli Not in Attendance)

City Council & Planning Commission Joint Work Session on Code Amendments

June 20th

Edits made to code and reviewed by Attorney

June 21st – 28th

Notice sent to DLCD (35 days before hearing)

June 29th

Planning Commission Public Hearing August 21st Planning Commission Meeting

City Council Public Hearing & Adoption September 17th City Council Meeting

Draft Public Art Committee Project Timelines & Discussion Questions Page 6 of 6

ReVision Florence & Other Potential Projects

1. Review general timeline / process for ReVision Florence (see below) 2. Review Budget Remainder and determine which projects to fund etc.

Tasks Draft Timeline Fundraising options & Potential Budget Prepared

January – July 10th

Fundraising options & budget drafts reviewed

January 22nd PAC Meeting **

Fundraising options & potential budget approved by PAC

July 16th PAC Meeting

Call to artists and timeline prepared July to August 14th Call to Artists & Timeline Approved by PAC

August 20th PAC Meeting **

Call to Artists Published Week of August 21st City / PAC Recruit for Selection Committee

September 11th – October 12th

Public Art Committee Approves Selection Committee

October 22nd PAC Meeting **

End Date for Call to Artists November 16th Selection Committee Reviews Submitted art pieces and prepares recommendation to PAC

November 17th - December 4th

PAC Approves Artist(s) December 10, 2018 PAC Meeting ** Potential Date of Installation March 2019

Other Discussion Topics

1. Delegation of work… considerations include: a. Can the public art committee (as volunteers) meet the proposed timelines? Should the Committee

consider recruiting for additional volunteers for subcommittees? Allocating resources to intern / temporary employee assistance? Etc.

From: Joshua GreeneTo: Kelli WeeseCc: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Jennifer French; Shawn PenrodSubject: Re: Next Monday"s Public Art Committee Meeting - Starts at 9:00 a.m.Date: Thursday, December 07, 2017 2:27:42 PM

FYI,

LOOK AT HOW THEY SECURED THESE METAL SCULPTURES THAT ARE SIMILAR TO OUR HORSE:)

JG

Joshua GreeneCity Councilor

E:[email protected]

250 Hwy 101Florence, OR 97439Phone: 541-997-3437

"If you tell the truth, you don't have to remember anything"...Mark Twain

PUBLIC RECORDS LAW DISCLOSURE: This email is a public record of the City of Florence and is subject to public inspection unless exempt from disclosure under Oregon Public Records Law. This email is also subject to the City's Public Records Retention Schedule.

From: Harlen SpringerTo: Jo BeaudreauCc: Joshua Greene; Jennifer French; Kelli Weese; Shawn Penrod; [email protected];

[email protected]; [email protected]; [email protected]: Re: Next Monday"s Public Art Committee Meeting - Starts at 9:00 a.m.Date: Thursday, December 07, 2017 5:06:33 PM

The Senior Center location is a little isolated and there would be an issue with protection ofthe horse, but we can discuss on Monday.

Harlen

Sent from my iPhone

On Dec 7, 2017, at 4:19 PM, Jo Beaudreau <[email protected]> wrote:

That actually looks amazing!!! I like it!!!!! And it is out in the community outsideof FURA, which can inspire others to donate $ or more cool art? Lookingforward to Monday and discussing this :)

~Jo

Sent from a handheld device, please excuse terseness and typos. Thanks!

On Dec 7, 2017, at 4:08 PM, Joshua Greene <[email protected]>wrote:

OK THESE ARE VERY ROUGH TO GIVE YOU AN IDEA IF WEPLACED THE HORSE IN THE LANDSCAPED AREA AT THESENIOR CENTER

JG

Joshua GreeneCity Councilor

E:[email protected]

250 Hwy 101Florence, OR 97439Phone: 541-997-3437

"If you tell the truth, you don't have to remember anything"...Mark Twain

PUBLIC RECORDS LAW DISCLOSURE: This email is a publicrecord of the City of Florence and is subject to public inspectionunless exempt from disclosure under Oregon Public Records Law.

This email is also subject to the City's Public Records RetentionSchedule.

<IMG_0925_HORSE@SC_2.jpg><IMG_0933 [email protected]>

Public Art Article Idea Schedule for Publication in Siuslaw News & City of Florence Newsletter 2018

• January – Art Exposed Project (Mention Fresh Impressions) • February – Art Passport • March – Siuslaw Bridge Steps (Completion of Call and What Might look like) • April – Horse Background • May - ReVision Florence • June – Bus Stops • July – Current Art – New City Hall Art (When is the New Renovations going to

be done?) • August - Art Donations (what has been donated, why? How you can be a

donor to the Arts) • September - Hwy 101 & Hwy 126 Intersection Mural • October – Arts & Humanities Month • November – Public & Private Partnership Projects • December – Call to join the PAC Committee - Do you want to be on the Public

Art Committee? All articles should list:

• Meetings are public to attend • Check the City website for more current meeting schedule • Members of the public are encouraged to sign up for the PAC distribution list • Be posted on City Page • Be listed in the City Newsletter • Post on FB, & shared to various pages • Have at least 1 image to go with it • Contact person?