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23-1651 Establishing a Longwood Public Art Program RESOLUTION NO. 23-1651 = _ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LONGWOOD ESTABLISHING A PUBLIC ART PROGRAM AND REPLACING THE PUBLIC ART MURAL PROGRAM ADOPTED BY RESOLUTION 20-1521. WHEREAS, the Longwood Development Code 6.3.2 (L) makes reference to "Works of art placed under an art program that is approved or endorsed by the City Commission by resolution" being exempt from the issuance of permits; and WHEREAS, the City desires to create a tangible sense of place, and add color, vibrancy, and character to the built environment; and WHEREAS, Public art offers accessibility to art without the cost and barriers associated with museums and galleries and, as an aesthetic draw, can act as a driver for economic development; and WHEREAS,the Longwood City Commission finds that this Resolution is in the best interest and welfare of the residents of the City of Longwood. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LONGWOOD, FLORIDA,AS FOLLOWS: Section 1. Adoption. The City Commission hereby adopts a Longwood Public Art Program, the policies and procedures for which are set forth in "Exhibit A" attached hereto and incorporated herein. Section 2. Recitals. The above recitals are true and correct and are incorporated herein by this reference. Section 3. Replacement. Upon adoption of this Resolution, the mural program set forth in Resolution 20-1521 is hereby replaced and superseded by the program contained herein. Section 4. Effective Date. This Resolution shall take effect immediately upon adoption. PASSED and ADOPTED this 20th day of November, 2023. CITY COMMISSION CITY OF LON WOOD, FLORIDA Tony B n' ayor Resolution No.23-1651 Public Art Program Page 1 of 7 • Attest: -• - Michel e,Lon MC, FCR , City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: • Daniel W. LaECit ey Resolution No.23-1651 Public Art Program Page 2 of 7 Exhibit A City of Longwood Public Art Program The City of Longwood Public Art Program is intended to promote murals, statutes, and other forms of public art as determined by the City Commission to create a sense of place and add color, vibrancy, and character to the built environment. Art on Public Property • The City of Longwood City Commission may elect to include in its budget a fund for public artwork on public property including parks, City buildings, public areas, and right-of-way areas where appropriate. • The Commission may elect to utilize all or a portion of this fund to issue a Call to Artists to procure public artwork in the form of a mural, statue, or other installation for display on public property or, under the conditions described below and with the consent of the property owner, on private property. Art on Private Property • The City Commission may consider applications from owners of private property to provide the City with a public art easement for the purpose of hosting public artwork. • Additionally, the City Commission may elect to invite a property owner to participate in the program where a location is identified as a visible and desirable location for public artwork.The private property owner is under no obligation to participate in the program. • Where the owner provides a public artwork easement and where the City Commission has set aside funding for public art, the Commission may elect to fund all or part of a public art project to be located within or upon this easement. • Such public art easements and art displayed thereupon will constitute the expression of the City of Longwood for its own public purposes, and the City reserves the right to exercise editorial control over art installations approved through this program and reject art that does not otherwise convey messages approved by the City. Step 1:Submitting a Preliminary Application • Property owners other than the City may submit an application for a portion of their property or building to be utilized as part of the Public Art Program. o Property tenants or artists may also submit an application for consideration, but the actual owner of the property with the authority to grant an easement for the display of such art must submit a letter of support and consent with the application form. • Location Criteria.The application must include a proposed location for an easement upon which the art installation will be located with documentation to support the criteria set forth below. The Community Development Department will review the potential Resolution No.23-1651 Public Art Program Page 3 of 7 easement location for its suitability in terms of public access, safety, visibility, appropriateness, and other factors consistent with the purpose of Public Art Program: Premium consideration will be given to potential public art sites that: o Are safely visible from multiple vantage points and perspectives o Do not create a potential safety issue related to parking and/or blocking access to streets or sidewalks o Feature continuous suitable blank wall space where a mural is proposed. Staff will make a recommendation to the City Commission regarding the appropriateness of the proposed public art location, and if the City Commission approves the location, the City Commission may elect to direct staff to bring forward a call to artists for approval. Step 2: Call to Artist Guidelines The City of Longwood may conduct a Call to Artists for a new, site-specific, original, and publicly visible artwork.The artwork must be of professional quality,and the art itself must be of enduring value to the City as determined by the City Commission. The art will be professionally designed and executed in accordance with the following criteria, which will be assessed and judged by the City Commission: • The artwork should inform visitors about Longwood's shared history and heritage, celebrate cultural and natural/environmental elements related to Longwood, or otherwise provide artistic and aesthetic value as described in the Call to Artists. o The Commission may elect to establish a "theme"for the Call to Artists that allows for a more narrow focus with regard to the subject matter of the art. • The artwork should enhance the public and pedestrian environment by utilizing an attractive and appropriate layout and color combinations. • The artwork must employ visual imagery that is appropriate for a general,public audience according to community standards and may not contain commercial advertising,violence, partisan politics, sexual, or religious content. • The artwork should include visual imagery that enhances the aesthetics within the City and the character and nature of the site upon which the artwork is located. Artist Submittal Requirements Artists proposing artwork in response to a Call to Artists must submit the following with their applications: • A color scale rendering (no larger than 8-1/2" x 14") of the proposed artwork, including any text that may be included as part of the artwork. Resolution No.23-1651 Public Art Program Page 4 of 7 • A short narrative describing the proposed artwork and its themes and how it meets the criteria of this section and any other criteria as may be set forth in the Call to Artists. • The lead artist's qualifications and examples of previous work displayed in other locations. • A work plan that includes details regarding surface and material preparation, primer, paint system(s), and clear coat (where applicable) and other information regarding the durability of the artwork. o Murals must be coated with a clear UV protectant paint to protect the mural from graffiti and ultraviolet rays. • A timeline for completing the project. • An estimate of costs associated with the project including but not limited to: surface preparation, paint/materials, scaffolding, tools, implements, and any labor costs. City staff will review the submittals and determine their sufficiency with these guidelines and prepare an agenda item for the City Commission to review. Step 3:Artist Selection and Easement Execution • The City Commission may review and consider submittals from the Call to Artists and elect to publicize the submittals on social media for feedback. • If the Commission elects to select an artist's proposal, it may direct staff to execute an agreement with the artist and an easement agreement with the building/property owner (if not the City)formally dedicating the public art easement to the City. • If the artist does not concur with the City's selection or any changes imposed by the City, the applicant may elect to abandon the proposal. The Commission may, however, with the consent of the artist, elect to utilize the artist's proposals for another public or private project. Easement Agreement The easement agreement will have terms acceptable to the City and include, at a minimum, the following stipulations: • If the artwork will not be displayed on City owned or controlled property, an agreement is required that will convey an easement for the purpose of installing, maintaining, operating, and exhibiting the artwork on such property. • The easement granted pursuant to such agreement must run with the land and be binding upon and inure to the benefit of the Grantor and the City and their successors or assigns, and any person or entity subsequently acquiring any right, title, or interest in the property. • The easement must be executed by the owner and tenant of the building affected by the easement. • Art approved through this process will become part of the City's public art collection. Resolution No.23-1651 Public Art Program Page 5 of 7 • Acceptable easements for the display of artwork pursuant to this program must be for a minimum initial period of five (5) years. o If either side wishes to terminate the easement within the initial five-year period, the terminating party must do so by providing the other party 30 days' notice of the terminating party's intent to terminate the easement. o Following a request to terminate the easement, the City must be provided reasonable access to the property to remove and reclaim the public artwork intact. o Where the artwork cannot reasonably be reclaimed by the City(as in the instance of a mural), the grantor of the easement must refund the pro-rated share of the cost of the artwork as an early termination penalty. • At the expiration of the initial five-year term, the easement will be automatically extended thereafter on a year-to-year basis. o During any one-year renewal term, either party can terminate the easement by providing at least 30 days written notice to the other party without an early termination penalty. o Following a request to terminate the easement,the City must be given reasonable access to the property to remove and, if reasonably possible or feasible, reclaim the public artwork. • The City is responsible for the maintenance of the art during the existence of the easement. The City will have the right to enter the property upon which the artwork is located during normal business hours and at all other times with advance notice to approval (which may not be unreasonably be withheld) of the Grantor, for any and all of the purposes described in the easement agreement. • The property owner/applicant is prohibited from charging for or otherwise restricting public access to the artwork. • The building owner/business understands and agrees that it will not have copyright or ownership rights in or to the mural artwork image or the right to reproduce or profit from the image of such mural artwork in any manner. Such rights are to be transmitted by the artist to the city and remain with the city in perpetuity. Artist Agreement • The artist will agree to complete the work as described in an exhibit to the agreement within a time period specified and at the cost specified. • The contract will require the artist or responsible party to submit proof of liability insurance. • The contract will further vest ownership of the artwork in the City, making the artwork the exclusive property of the City. Such contract will further provide that the City has the unlimited right to make, have made, use, copy, display in public, reconstruct, repair, Resolution No.23-1651 Public Art Program Page 6of7 modify,reproduce,publish,distribute and sell the artwork,in whole or in part,or combine the artwork with other matter, or not use the artwork at all, as the City sees fit. Step 4:Art Completion and Approval • The artwork will be inspected at various points during its completion to ensure that it is being crafted and produced in accordance with the approved design. All inspections must be completed before the City disburses funds to the artist pursuant to the Artist Agreement. The Artist Agreement may provide for milestone inspections or payments depending upon the type of artwork being produced and the time it takes to produce it. • If the artwork is not completed, built, installed, or otherwise crafted pursuant to the approved concept,the City retains the right to suspend or deny payment to the artist and remove the artwork. • As part of this public art program, the content of any artwork approved pursuant to this program remains at all times subject to the editorial discretion of the City Commission. Resolution No.23-1651 Public Art Program Page 7 of 7