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Public Art Agenda 07/26/202301 P U B L I Cco ART COMMITTEE July, 2023 Collier County Public Art Committee July 2023 I Packet Pg. 1238 35.1.2 Collier County Public Art Committee AGENDA July 26, 2023 3:00 PM Hybrid Virtual Zoom Meeting Collier Museum at Government Center 3331 Tamiami Trail E, Naples, FL 34112 Chair Erin Wolfe Bell Vice Chair Paul Gower Lisa Cataldo-Absher a- Ricki Baker rn Nora Beyrent Muffy Clark Gill Bonny Hawley c Zoom Meeting Registration Information When: July 26, 2023 03:00 PM Eastern Time (US and Canada) Register in advance for this meeting: https://us02web.zoom.us/meeting/register/tZIkceGurTsvGNH7-Qs4zBte5xSnAtH1GncM After registering, you will receive a confirmation email containing information about joining the meeting. Two or more members of the Collier County Board of County Commissioners may be present and may participate at the meeting. The subject matter of this meeting may be an item for discussion and action at a future meeting of those boards, councils, or agencies. All interested parties are invited to attend and to register to speak. All registered public speakers will be limited to three minutes unless changed by the chairman. Collier County Ordinance No. 2004-05 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners, an advisory board, or quasi-judicial board), register with the Clerk to the Board at the Board Minutes and Records Department. Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, or (239) 252- 8380, as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual. For more information, call John Melleky at (239) 252-6293. Collier County Public Art Committee July 2023 Packet Pg. 1240 35.1.2 1. Call to Order and Roll Call 2. Pledge of Allegiance 3. Approval of Agenda 4. Approval of Minutes 5. Staff Report a. John Melleky, Arts and Culture Manager 6. Public Comments — 3 minutes 7. New Business a. Public Art Inventory— New piece Paradise Coast Sports Complex 8. Old Business a. Murals policy b. FAPAP report - Florida Public Art 9. Advisory Board Member Discussion 10. Next Meeting a. Sep 20, 2023, 3:00 pm Location: Collier County Museum at Government Center 11. Adjournment Collier County Public Art Committee July 2023 Packet Pg. 1241 35.1.2 MINUTES OF THE COLLIER COUNTY PUBLIC ART COMMITTEE Naples, FL May 17, 2023 LET IT BE REMEMBERED the Collier County Public Art Committee in and for the County of Collier, having conducted business herein, met on this date at 3:00 PM in a REGULAR SESSION in the Collier Museum at Government Center, Naples Florida with the following members present: Erin Wolfe Bell Lisa Cataldo-Absher Ricki Baker - virtual Nora Beyrent Muffy Clark Gill - absent Paul Gower Bonny Hawley - absent ALSO PRESENT: John Melleky, Arts and Culture Manager Ms. Colleen Greene, Office of the Attorney, Collier County 1. Call to order and Roll Call Ms. Bell called the meeting to order. A quorum of four was established by those members present in the room. Mr. Gower made a motion to allow Ms. Baker to attend the meeting remotely due to extraordinary circumstances. Ms. Beyrent seconded the motion. The motion was carried unanimously with those present in person, 4-0. A quorum of five was established by those members present in the room and Ms. Baker. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Approval of Agenda COLLIER COUNTY PUBLIC ART COMMITTEE MINUTES MAY 2023 1 Collier County Public Art Committee July 2023 Packet Pg. 1242 35.1.2 Mr. Gower made a motion to approve the agenda. Ms. Beyrent seconded the motion. The motion was carried unanimously, 4-0. 4. Approval of Minutes Mr. Gower made a motion to approve the minutes from the April 19, 2023, meeting. Ms. Beyrent seconded the motion. The motion was carried unanimously, 4-0. S. Staff Report Mr. Melleky just returned from the Florida Association of Public Art Professionals Conference held the week of May 8. This is a conference for public art professionals, artists, and consultants from throughout the state. Mr. Melleky will have more information at the next meeting. Ms. Baker joined the meeting remotely. Mr. Gower made a motion to allow Ms. Baker to attend the meeting remotely due to extraordinary 3 a - circumstances. Ms. Beyrent seconded the motion. The motion was carried unanimously with those present in person, 4-0. co N 6. Public Comments There were no public comments. 7. New Business a. Mural policies Mr. Melleky presented an initial draft of the mural policies. Per the discussion at the last meeting, the City of Ormond Beach was used as a guideline to set these initial policies as that locale included information about mural content and other issues that were brought up in various discussions in the past. A discussion was held on how to address a mural compared to a sign and not allow a business name in the artwork so that it could be deemed a sign. The draft contained a test on not containing letters of the alphabet in the design, but the committee decided that it could be all right, especially if it is highlighting something historical. In addition, the signature block information the committee felt the message of what the artist wants to say it important and that is why there is a review process. Some considerations that should be included are that the mural should not contain profanity or images or things that incite violence and that family -friendly murals could be important. The committee discussed the time frame in the draft policy. The policy has that a mural should be installed and remain for at least two years. However, the committee felt that the mural could be changed and how would that affect the process. The time frame could be something on the application and then go through the review process. RMII N:ZK0111ill Iva IM.]I[I1_1:ir4Ii1&IuIIa11:1a►/IIill toil I*Vu/_Y9401191 Collier County Public Art Committee July 2023 Packet Pg. 1243 35.1.2 The committee requested that the polices be updated with the discussion and reviewed at the next meeting. 8. Old Business a. Bayshore Subcommittee — Holiday Banners and Murals Ms. Cataldo-Absher updated the committee that this sub -committee chose three banner designs, and the design firm is developing the final version of each for more feedback on the banners. b. Macaw Statue Mr. Melleky updated the committee on the macaw statue that was previously approved. This has not been sent to the Board of County Commissioners as there is a review about the location of the statue. There is a concern that it is on public property. The location was chosen by the Bayshore CRA as it is next to a plaque commemorating the owner of The Real Macaw restaurant and is in a little nook as part of the CRA parking lot. c. Public Art Inventory Mr. Melleky shared new public art installations. First was Martha Cantu's murals in Immokalee on the 7-11. The murals are completed and the 7-11 is still under final construction. Michelle Tricca's Face of Immokalee was installed on the Lipman Farm building in Immokalee. It is a mural of black and white photos of children that are growing up in Immokalee. It will remain on the wall for at least a year and perhaps longer, depending on how it survives the weather. 9. Advisory Board Member Discussion Mr. Gower thanked Mr. Rogan for his packet of information that was passed out to everyone. He also thought that the discussion on murals was fascinating and exciting. Ms. Baker asked about media exposure for Bayshore and that WGCU is ramping up its arts and culture programming and how the county can participate more. Mr. Melleky will check with the CRA on their next steps. Ms. Cataldo-Absher thinks a process plan is a good step, and that the application needs to allow for the thought that art is subjective. Ms. Bell thanked everyone for the meeting discussion. COLLIER COUNTY PUBLIC ART COMMITTEE MINUTES MAY 2023 3 Collier County Public Art Committee July 2023 Packet Pg. 1244 35.1.2 10. Next Meeting- Wednesday, July 19, at 3:00 pm at the Collier County Museum at Government Center There being no further business for the good of the County, the meeting was adjourned by Ms. Bell at 4:26 P.M. COLLIER COUNTY PUBLIC ART COMMITTEE Chair, Erin Bell These minutes were approved by the Committee on as presented, or as amended *0111111:11 :wellikiIM ONIMENAEiI AIOVAIIa1:1a IILI tell IX-VO Wf&UP& Collier County Public Art Committee July 2023 Packet Pg. 1245 (£ZOZ Ain as;l!wwoo;aV allgnd : SUM) LO'£ZOZ slelaa;eW paeo8 ea;;luauaoo;aV ailgnd :;uauayoe;;d n Oi N � lB � O ro U W N O O L •_ u1 M a_, N X LL L Q ON �o Q 35.1.2 POLICIES AND PROCEDURES Murals Policies 218 M N O N 3 N N r r E E O U Q O d a Collier County Public Art Committee July 2023 Packet Pg. 1248 35.1.2 COLLIER COUNTY DRAFT May 2023, Update July 2023 MURAL POLICIES Signs Section 5.06.00 of the Collier County Land Development Code (LDC) defines "mural sign" as "A sign that is a painting or an artistic work compressed of photographs or arrangements of color that displays a commercial or noncommercial message, relies solely on the side of the building for rigid structural support, and is painted on the building or depicted on vinyl, fabric, or other similarly flexible materials that is held in place flush or flat against the surface of a building." Section.5.06.06 of the LDC states that "Any sign not specifically permitted by this sign code shall be permitted." Mural A mural is an original, one of a kind unique mosaic, painting, or graphic art or combination thereof (including collage effects) that is professionally applied to aesthetically enhance the exterior of a building or accessory structure such as a dumpster encloser, fence, or site wall, that does not contain any current brand or product name; letters of the alphabet, spelling, or abbreviating the same of any current product, company, profession, or business; or any current 0 logo, trademark, trade name; or another commercial message as the main component of the artwork. Past business N names, logos, or trademarks could be used if it is in a historical context in relation to the culture of the N community/location of the mural. A The mural image should be appropriate for any age to view (Le. family -friendly) which includes no profanity or images that could incite violence. Process 1. A mural permit application must be completed. (1) No person, firm, corporation or other entity may authorize, erect, construct, maintain, move, alter, change, place, suspend, or attach any Original Artwork Mural within the County prior to obtaining a permit as set forth herein. Such permit shall be known as a mural permit. (2) An application for a mural permit shall be filed jointly by a building owner and an artist with the planning department by way of a form prepared by the planning department and shall include the following: Name of the artist and the owner. Street address and location of the proposed mural. b. Examples of previous work done by the artist, with references. C. Description of the materials to comprise the proposed mural and manner of application. Collier County [1j Mural Application Package Collier County Public Art Committee July 2023 Packet Pg. 1249 35.1.2 Statement regarding durability of the materials considering the location and positioning of the proposed mural. e. Plans and specifications for the proposed mural including an exact picture graphic and other description. The application should include clear and legible drawings with description showing the location of the mural. Drawings should show the dimensions and materials. Color photos of the building must accompany the mural sketch, showing the wall to be painted in relation to adjacent streets and buildings. f. Statement that the proposed mural will remain in place for at least one year, with a life span specified on the application. g. Statement that no compensation will be given or received for the right to display the mural or the right to place the mural on the property. The artist may be compensated for the completion of the mural, however. Artist and building owner shall pay all costs associated with public hearing notifications. i. Artist must waive and release, in favor of the County and the building owner, the right of attribution or integrity which Artist has in the mural under 17 U.S.C. §§ 106A and 113(d)(Visual Artist Rights Act). j. Artist's agreement to allow the County or the building owner to remove the mural with 90 days' notice to the Artist at the address provided in the application and building owner if the mural is not maintained, or if it becomes a safety hazard. k. Signed acknowledgment by artist and business owner to abide by all mural requirements and execute all necessary documents. 2. Review of Mural permit application. (1) The mural permit application shall be submitted to the Collier County Public Art Committee for review a. The Public Art Committee will review the artwork and approve the applications. b. This review shall be completed within 45 days. (2) The mural permit application shall be submitted to the to the Collier County Planning Department for review. a. The Planning Department review shall be completed within 30 days. 3. Board of County Commissioners approval of Mural permit application. (3) Board of County Commissioners? — is this review needed Review Criteria. Collier County [2] Mural Application Package Collier County Public Art Committee July 2023 Packet Pg. 1250 35.1.2 The Collier County Public Art Committee shall review the Mural Application for the following criteria: The mural must be durable, permanent and easily protected from vandalism and weathering; consideration shall be given to the structural and surface integrity and stability of the building fagade, the permanence and durability of the mural, and the mural's resistance to weathering, theft, and vandalism. b. The mural must not have any unsafe features or conditions that may affect public safety. C. The mural shall not violate or depict violation of federal, state, or local law. The mural must not disrupt traffic nor create any unsafe conditions or distractions to motorists or pedestrians. e. The mural surface must be prepared with an outdoor primer to ensure good adhesion for the artwork f. Clear, anti -graffiti coating must be applied over the completed artwork. g. The mural must not extend more than six inches from the plane of the wall to which it is attached h. The mural should enhance the aesthetic beauty of the area of its proposed location. i. The painted mural should match the drawing presented. Any changes would need approval by the Collier County Public Art Committee. j. . The mural may not be placed only on the primary fagade of the structure (as it could then be declared signage). Exceptions can reviewed, when the nature of the business is creative, artistic or some other special circumstance is presented. k. The mural must be compatible with the character of the surrounding area (particularly when near residential areas) in terms of its size, style, colors, materials, general appearance, and location. Any licensed, copyrighted, or trademarked characters or likenesses used on murals must have permission from the holder or owner of the license, copyright or trademark. M. No approval shall be issued for mural installation if there are outstanding code enforcement violations charged by the County on the property where the mural is to be located. Outstanding debts to the County must be paid in full prior to the issuance of the mural permit. Permit expiration and extension. Except as provided in subsection (2). below, if installation of the permitted original artwork mural has not taken place within twelve (12) months of the date of issuance of the mural permit, the permit is void and no further work on the mural may be done at the site until a new permit has be approved and new fee paid. An approved mural permit may be extended by the planning department for an additional period of no more than twelve (12) months upon the planning department finding that the applicant was unable to begin or continue the installation of the approved mural for reasons beyond his or her control. A request for permit extension must be in writing and must be received by the Planning Department before the original permit Collier County [3] Mural Application Package Collier County Public Art Committee July 2023 Packet Pg. 1251 35.1.2 expiration date. Maintenance The property owner is responsible for ensuring that a permitted original artwork mural is maintained in good condition and fully repaired in the case of vandalism or accidental destruction. Failure to maintain the Original Artwork Mural is declared to be a public nuisance and may be summarily abated or repaired by the County. The County may pursue additional remedies to obtain compliance with this section as appropriate, including removal of the mural. In addition to other remedies provided by law, in the event the property owner fails to maintain the mural, the County may perform all necessary repairs or removal of the mural, and all costs incurred by the County shall become a lien against the property. Mural alterations. In order to make alterations to an original artwork mural, the artist and building owner must obtain a new a mural permit. rn co Removal or replacement of murals; violations; enforcement Murals installed in accordance with this section shall remain on site in the approved location and cannot be altered, replaced or removed except as provided in this section, or when deemed to be unsafe by the County building official, or when the County determines replacement is necessary due to damage from natural disasters. The seller of a property containing a mural installed in compliance with this article shall include restrictions by deed or other instrument that requires the buyer to agree to retain and maintain the mural in compliance with this article. This section (determine numbering system) may be enforced in accordance with the special magistrate code enforcement system in find Collier County code of the Code of Ordinances. Should an approved mural become deteriorated, or otherwise no longer satisfy the terms of the permit, enforcement shall include the County's right to enter upon the property and abate by such reasonable action as necessary to remove or restore the mural, in the County's discretion. Costs of abatement by the County. Upon the County's abatement of the mural, the costs, including the administrative costs incurred by the County, shall be assessed by the Special Magistrate against the real property from which the mural was removed, together with any fine imposed by the Special Magistrate, all of which shall become a lien against the real property in accordance with section 2 - 258 of the Code of Ordinances. Alternative remedies. Nothing in this section shall in any way limit the County to the remedy listed above. This remedy shall be in addition to any other remedy which the County can legally pursue, including, but not limited to, code enforcement measures under Article VII, Chapter 2 of the Code of Ordinances. Recording requirements. The mural permit and the determination of removal shall be recorded in the records of the County, and may be recorded in the official records of Volusia County, and shall be binding upon the heirs, personal representatives, grantees, heirs and successors of the parties. Collier County [4] Mural Application Package Collier County Public Art Committee July 2023 Packet Pg. 1252 35.1.2 The replacement mural shall meet all of the requirements of this section. A replacement mural must be approved by the County Commission. Collier County [5] Mural Application Package Collier County Public Art Committee July 2023 Packet Pg. 1253 35.1.2 MURAL APPLICATION FORMS SECTION 1 Collier County Mural Program Overview The Mural Program was approved on (date) by the Board of County Commissioners in coordination with the Collier County Public Art Committee to bring murals to the Collier County. Below is an overview of the Mural program. Develop some type of graphic when the process flow is completed WHO MAY PARTICIPATE? Anyone who owns a building in the Collier County, or any merchant within that area with permission from the building owner to paint the building may commission a mural. The A MURAL IS NOT A SIGN. Mural designs must fit within the definition of a mural as decided by Collier County. (insert here when complete from Mural policy) WHO SUPERVISES THE MURAL PROGRAM? Applications are submitted to the Collier County Public Art Committee and The Collier County Planning Department. Applications are accepted from building owners/merchants. The Public Art Committee will: • Put out a call for artists, if requested by applicant. • Screen each mural artist. • Work with the building owner or retail merchant to obtain all required approvals and permits from the Collier County. • Work with and assist the artist in planning and finalizing the mural design, including securing any volunteers needed to assist with the mural execution. • Promote the mural during and after completion and provide signage for all murals. WHAT IS REQUIRED OF THE BUILDING OWNER/RETAIL MERCHANT? • Contract with the artist and pay his/her fee. Collier County [6] Mural Application Package Collier County Public Art Committee July 2023 Packet Pg. 1254 35.1.2 • Complete any required County permitting. • Appear before the Collier County Public Art Committee and Board of County Commissioners in support of the mural application. • Finalize a contract between owner/merchant, Collier County, and Artist. • Post permits prior to starting mural work. • Notify Collier County Public Art Committee and Collier County Planning staff when work is completed. • Maintain the artwork for a minimum of two years while it remains on site. • Failure to maintain the art piece will require the owner to remove it either upon notice by the County. ARTIST SELECTION Artists in the Muralists Registry are selected with four criteria in mind: • Appropriateness: Artists are selected based on the appropriateness of their proposal to the project. • Professionalism: Does the artist have a history of professional mural work? • Communication: The artist must have the ability to clearly communicate concepts both visually and through clearly written materials. • Performance: Does the artist have a good professional history of being able to work cooperatively and finish projects on time? Owners may supply their own artists for projects, but all artists must meet these criteria. The Public Art Committee will do its best to connect owners who wish to have a mural on their property with appropriate professional artists. All artists must submit a portfolio of past work for Mural Committee review, as well as their sketches for proposed murals. PROCESS STEPS: 1. Application packet submitted to Collier County Planning Department. 2. Collier County Public Art Committee reviews application. 3. Final proposal for mural presented to Collier County Public Art Committee. 4. Based on Mural Committee approval, the project will be finalized and forwarded to the County Commission for review. 5. Payment of advertising fees associated with the public meetings required by the mural ordinance. 6. Mural work begins. For further information contact: Enter Contact Information Collier County [7] Mural Application Package Collier County Public Art Committee July 2023 Packet Pg. 1255 35.1.2 Collier County Application for Mural Project PROJECT LOCATION: Address: Parcel ID: APPLICANT/OWNER INFORMATION: Applicant Name/Title Owner Name/Title Company Company Street Address Street Address County / State / Zip County / State / Zip Telephone Telephone Email PROJECT TITLE: PROJECT DESCRIPTION: Estimated Start Date: Estimated Completion Date: Estimated Life Span of Mural: Collier County Collier County Public Art Committee July 2023 Email M N O N a� a� r r E E 0 U L Q c,> 0 a as ti N [81 Mural Application Package Packet Pg. 1256 35.1.2 ARTIST INFORMATION: Name: Business Name (if different) Address: Telephone: Email: PLEASE SUBMIT THE FOLLOWING MATERIALS AS PART OF YOUR APPLICATION: 1. Site Plan — Indicating the placement of the proposed mural at the site, including measurements and a photo of the existing structure. 2. Completed Sketch of Proposed Mural — Must include dimensions, all thematic proposals, and colors and as much detail as possible. A finished version of the design must be presented during the design review process. ❑ 3. Description of Proposed Materials and Colors — Including any manufacturer's specifications. Actual colors and materials must be presented during the design review process. 4. Detailed M intenance/Conservation Plan — Describe required maintenance, including frequency of maintenance and projected costs. Indicate material to be used for final protective coating. 5. Artist's Resume, Portfolio and References — or a link to available online materials. 6. Owner's Application. F17. Lessee's Application —if applicable. 8. Mural Ownership Agreement. 9. Waiver of Rights Pursuant to Visual Artists Rights Act. All materials should be submitted to: Collier County, Planning Department, contact and address. When the County has received all the above materials, the review committee may request additional materials prior to scheduling a final committee review. Collier County 191 Mural Application Package Collier County Public Art Committee July 2023 Packet Pg. 1257 35.1.2 Mural Project Building Owner Application I, , own the building located at and would like a mural on my property. Attached to this application is proof of ownership. (Signature) (Print name) Email address: (Date) (Preferred phone number) OWNER HEREBY AGREES TO: 1) Finalize an application between owner/lessee, County and /artist; 2) Complete any permitting required by the Collier County; 3) Pay any applicable fees to the County or provide proof of payment by lessee/other; and 4) Remove mural from building, if the work fails to meet County upkeep requirements. PLEASE COMPLETE FORM AND RETURN TO: Collier County Planning Department address Email: @colliercountyfl.gov Telephone: 289- Collier County [10] Mural Application Package Collier County Public Art Committee July 2023 Packet Pg. 1258 35.1.2 Mural Project Building Lessee Application I, , am the lessee in the building located at and would like a mural on my property. Attached to this application is proof of ownership. (Signature) (Date) (Print name) (Preferred phone number) Email address: BUILDING LESSEE HEREBY AGREES TO: 1) Finalize a contract between owner/lessee, County, and artist; 2) Complete any required permit from Collier County; 3) Pay any applicable permit fee to the County or provide proof of payment by owner/other; and 4) Maintain mural to artist's and County's specifications. PLEASE COMPLETE FORM AND RETURN TO: Collier County Planning Department address Email: @colliercountyfl.gov Telephone: 289- Collier County [11] Mural Application Package Collier County Public Art Committee July 2023 Packet Pg. 1259 35.1.2 Mural Ownership Agreement This Agreement is made this day of , 20 , between ("Artist"), the Collier County, Florida ("County)" and ('Building Owner") for the purpose of stipulating ownership and responsibility for all details pertaining to the installation of a mural according to Collier County Mural guidelines.. (Section 3-72, Land Development Code). Artist is the creator of a mural painting currently titled: Building Owner is the owner of the building on which the mural will be exhibited. The Building Owner will be responsible for surface preparation on the building for painting prior to the creation of the mural as well as preserving and maintaining the mural for the period set out below. Failure to maintain the art piece may require the owner of the wall on which the mural is located to remove it, either upon notice by the County or upon order by the Special Magistrate. Location of Mural: LICENSING: Artist warrants and represents that the mural painting and rendering(s) assigned by this Agreement have never been published or copied and that Artist is the sole owner of all rights herein, including and not limited to, the right to prevent the making and dissemination of copies, and the right to obtain statutory copyright extending to the Artist the exclusive right to manufacture and sell copies for a fully statutory term and renewal thereof. Collier County [12] Mural Application Package Collier County Public Art Committee July 2023 Packet Pg. 1260 35.1.2 TERM: Building Owner hereby agrees to the mural painting being maintained in place for a minimum of two (2) years from the date of the mural completion. The owner retains the right to remove the mural or repaint the wall after this period of time. EACH PARTY HEREBY CONSENTS TO VENUE OF COLLIER COUNTY AND THE MIDDLE DISTRICT OF FLORIDA. IN WITNESS WHEREOF, the parties have executed this Agreement and Memorandum of Understanding in Collier County, Florida, the day and year first written above. ARTIST (initial each line and sign below): I verify that the mural submitted is an original work of art and has not been previously used or seen. I verify that the mural will be painted/installed by me, or under my supervision if done as a community mural. I understand that the finished mural must match the submitted mural rendering/proposal. If the completed mural does not match the approved mural attached to the mural permit, I understand and agree that the COUNTY may require the removal of the completed mural. I have read and agree to fully abide by the Collier County Mural Code, Sec. 3-72, Land Development Code ("Mural Code"). I have read this Agreement and Memorandum of Understanding and understand the process and my responsibilities. I have signed the attached waiver of VARA rights. I may be compensated for the completion of the mural; however, I understand and agree that I may not receive compensation for the right to display the mural on the property. I understand and agree that I will have the right to use an image of the mural as part of my artist portfolio, but I will not have the right to recreate the mural anywhere else. I hereby give my consent to the Collier County and the Arts District to use an image of the mural for promotional purposes, such including but not limited to promoting the County, the Downtown Overlay District, or the Mural Program. I understand that the property owner shall own the completed mural, and as such is responsible for maintaining the condition of the mural in accordance with the Mural Code. Collier County [13] Mural Application Package Collier County Public Art Committee July 2023 Packet Pg. 1261 35.1.2 I understand that the mural must be maintained in accordance with the requirements provided in the Mural Code; and I hereby give my consent to the County and/or building owner to remove the mural, with ninety (90) days' notice being provided to me, if the mural is not maintained in accordance with the requirements of the Mural Code or if it becomes a safety hazard. ARTIST: Artist signature Artist print name Date: BUILDING OWNER (initial each line and sign below): Witness signature Witness print name I am the property owner of the subject property. All statements in this Agreement are true and correct. I have read and agree to fully abide by the Collier County Mural Code, Sec. 3-72, Land Development Code ("Mural Code"). A copy of the proposed mural is attached. The property owner and business owner agree to allow the approved mural on the subject building. Prior to painting of the mural, the property owner must obtain a mural permit from the County. The completed mural must match the approved rendering attached to the permit or the mural will fail final inspection. Painting a mural different than the approved mural design is a violation of the County Code which may result in the assessment of fines and the imposition of a lien against the subject property and all property in Volusia County owned by the property owner. I hereby give my consent to the Collier County and the Arts District to use an image of the mural for promotional purposes, such including but not limited to promoting the County, the Downtown Overlay District, or the Mural Program. I understand that I will be responsible for maintaining the condition of the mural in accordance with the Mural Code. Collier County [14] Mural Application Package Collier County Public Art Committee July 2023 Packet Pg. 1262 35.1.2 I understand that the mural must be maintained in accordance with the requirements provided in the Mural Code; and I hereby give my consent to the County to cause the removal of the mural if it is not maintained in accordance with the requirements of the Mural Code. BUILDING OWNER: Building Owner signature Building Owner print name Date: COLLIER COUNTY, FLORIDA By: x x Date: Attest: x x Date: Witness signature Witness print name Collier County [15] Mural Application Package Collier County Public Art Committee July 2023 Packet Pg. 1263 35.1.2 Waiver of Rights Pursuant to the Visual Artists Rights Act have prepared designs for the following art work: (Specifically identify the work) The above -described work may be considered to be a "work of visual art" subject to the provisions of the federal Visual Artists Rights Act of 1990, specifically the rights of certain authors to attribution and integrity, as codified at 17 U.S.C. §106A(a). I am an author of the work(s) described herein, and am authorized to waive the rights conferred by §106A(a), in accordance with the waiver provision of 17 U.S.C. §106A(e)(1). STATUTORY PROVISIONS 17 U.S.C. §106A - Rights of certain authors to attribution and integrity. co N (a) Rights of Attribution and Integrity. - ti Subject to section 107 and independent of the exclusive rights provided in section 106, the M author of a work of visual art - c (1) shall have the right — (A) to claim authorship of that work, and (B) to prevent the use of his or her name as the author of any work of visual art which he or she did not create; (2) shall have the right to prevent the use of his or her name as the author of the work of visual art in the event of a distortion, mutilation, or other modification of the work which would be prejudicial to his or her honor or reputation; and Collier County [16] Mural Application Package Collier County Public Art Committee July 2023 Packet Pg. 1264 35.1.2 (3) subject to the limitations set forth in section 113(d), shall have the right (A) to prevent any intentional distortion, mutilation, or other modification of that work which would be prejudicial to his or her honor or reputation, and any intentional distortion, mutilation, or modification of that work is a violation of that right, and (B) to prevent any destruction of a work of recognized stature, and any intentional or grossly negligent destruction of that work is a violation of that right. 17 U.S.C. §106A(e)(1) -Transfer and waiver. The rights conferred by subsection (a) may not be transferred, but those rights may be waived if the author expressly agrees to such waiver in a written instrument signed by the author. Such instrument shall specifically identify the work, and uses of that work, to which the waiver applies, and the waiver shall apply only to the work and uses so identified. In the case of a joint work prepared by two or more authors, a waiver of rights under this paragraph made by one such author waives such rights for all such authors. WAIVER As author of the above -described work, I hereby permanently waive my rights pursuant to 17 U.S.C. §106A(a)(3) to prevent any distortion, mutilation, modification or destruction of that work, for whatever reason and for whatever use of the work such distortion, mutilation, modification or destruction of the work is undertaken. This waiver does not extend to the rights of attribution conferred by 17.U.S.C. §106A(a)(1) or §106A(a)(2). Artist Signature Artist Print Name Date STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by , as artist, who (_) provided as identification, or (_) who is personally known to me. Notary Public, State of Florida My Commission Expires: Collier County Public Art Committee July 2023 Packet Pg. 1265 35.1.2 COLLIER COUNTY DRAFT May 2023, Update July 2023 MURAL POLICIES Signs Section 5.06.00 of the Collier County Land Development Code (LDC) defines "mural sign" as "A sign that is a painting or an artistic work compressed of photographs or arrangements of color that displays a commercial or noncommercial message, relies solely on the side of the building for rigid structural support, and is painted on the building or depicted on vinyl, fabric, or other similarly flexible materials that is held in place flush or flat against the surface of a building." Section.5.06.06 of the LDC states that "Any sign not specifically permitted by this sign code shall be permitted." Mural A mural is an original, one of a kind unique mosaic, painting, or graphic art or combination thereof (including collageCD to effects) that is professionally applied to aesthetically enhance the exterior of a building or accessory structure such as a N dumpster encloser, fence, or site wall, that does not contain any current brand or product name; letters of the o alphabet, spelling, or abbreviating the same of any current product, company, profession, or business; or any current N logo, trademark, trade name; or another commercial message as the main component of the artwork. Past business N names, logos, or trademarks could be used if it is in a historical context in relation to the culture of the N community/location of the mural. L The mural image should be appropriate for any age to view (Le. family -friendly) which includes no profanity or images that could incite violence. Process 1. A mural permit application must be completed. (1) No person, firm, corporation or other entity may authorize, erect, construct, maintain, move, alter, change, place, suspend, or attach any Original Artwork Mural within the County prior to obtaining a permit as set forth herein Such permit shall be known as a mural permit. (2) An application for a mural permit shall be filed jointly by a building owner and an artist with the planning department by way of a form prepared by the planning department and shall include the following: Name of the artist and the owner. Street address and location of the proposed mural. b. Examples of previous work done by the artist, with references. C. Description of the materials to comprise the proposed mural and manner of application. Collier County Public Art Committee July 2023 Packet Pg. 1266 35.1.2 d. Statement regarding durability of the materials considering the location and positioning of the proposed mural. e. Plans and specifications for the proposed mural including an exact picture graphic and other description. The application should include clear and legible drawings with description showing the location of the mural. Drawings should show the dimensions and materials. Color photos of the building must accompany the mural sketch, showing the wall to be painted in relation to adjacent streets and buildings. Statement that the proposed mural will remain in place for at least one year, with a life span specified on the application. g. Statement that no compensation will be given or received for the right to display the mural or the right to place the mural on the property. The artist may be compensated for the completion of the mural, however. h. Artist and building owner shall pay all costs associated with public hearing notifications. i. Artist must waive and release, in favor of the County and the building owner, the right of attribution or integrity which Artist has in the mural under 17 U.S.C. §§ 106A and 113(d)(Visual Artist Rights Act). j. Artist's agreement to allow the County or the building owner to remove the mural with 90 days' noticeCD to the Artist at the address provided in the application and building owner if the mural is not maintained, or if it N becomes a safety hazard. r^ k. Signed acknowledgment by artist and business owner to abide by all mural requirements and execute all necessary documents. 2. Review of Mural permit application. (1) The mural permit application shall be submitted to the Collier County Public Art Committee for review a. The Public Art Committee will review the artwork and approve the applications. b. This review shall be completed within 45 days. (2) The mural permit application shall be submitted to the to the Collier County Planning Department for review. a. The Planning Department review shall be completed within 30 days. 3. Board of County Commissioners approval of Mural permit application. (3) Board of County Commissioners? — is this review needed Review Criteria. Collier County Public Art Committee July 2023 Packet Pg. 1267 35.1.2 The Collier County Public Art Committee shall review the Mural Application for the following criteria: The mural must be durable, permanent and easily protected from vandalism and weathering; consideration shall be given to the structural and surface integrity and stability of the building fagade, the permanence and durability of the mural, and the mural's resistance to weathering, theft, and vandalism. b. The mural must not have any unsafe features or conditions that may affect public safety. C. The mural shall not violate or depict violation of federal, state, or local law. The mural must not disrupt traffic nor create any unsafe conditions or distractions to motorists or pedestrians. The mural surface must be prepared with an outdoor primer to ensure good adhesion for the artwork. Clear, anti -graffiti coating must be applied over the completed artwork. The mural must not extend more than six inches from the plane of the wall to which it is attached The mural should enhance the aesthetic beauty of the area of its proposed location. co N The painted mural should match the drawing presented. Any changes would need approval by the Collier ti County Public Art Committee. M j. . The mural may not be placed only on the primary facade of the structure (as it could then be declared signage). Exceptions can reviewed, when the nature of the business is creative, artistic or some other special circumstance is presented. The mural must be compatible with the character of the surrounding area (particularly when near residential areas) in terms of its size, style, colors, materials, general appearance, and location. Any licensed, copyrighted, or trademarked characters or likenesses used on murals must have permission from the holder or owner of the license, copyright or trademark. M. No approval shall be issued for mural installation if there are outstanding code enforcement violations charged by the County on the property where the mural is to be located. Outstanding debts to the County must be paid in full prior to the issuance of the mural permit. Permit expiration and extension. Except as provided in subsection (2). below, if installation of the permitted original artwork mural has not taken place within twelve (12) months of the date of issuance of the mural permit, the permit is void and no further work on the mural may be done at the site until a new permit has be approved and new fee paid. An approved mural permit may be extended by the planning department for an additional period of no more than twelve (12) months upon the planning department finding that the applicant was unable to begin or continue the installation of the approved mural for reasons beyond his or her control. A request for permit extension must be in writing and must be received by the Planning Department before the original permit Collier County Public Art Committee July 2023 Packet Pg. 1268 35.1.2 expiration date. Maintenance The property owner is responsible for ensuring that a permitted original artwork mural is maintained in good condition and fully repaired in the case of vandalism or accidental destruction. Failure to maintain the Original Artwork Mural is declared to be a public nuisance and may be summarily abated or repaired by the County. The County may pursue additional remedies to obtain compliance with this section as appropriate, including removal of the mural. In addition to other remedies provided by law, in the event the property owner fails to maintain the mural, the County may perform all necessary repairs or removal of the mural, and all costs incurred by the County shall become a lien against the property. Mural alterations. In order to make alterations to an original artwork mural, the artist and building owner must obtain a new mural permit. Removal or replacement of murals; violations; enforcement Murals installed in accordance with this section shall remain on site in the approved location and cannot be altered, replaced or removed except as provided in this section, or when deemed to be unsafe by the County building official, or when the County determines replacement is necessary due to damage from natural disasters. The seller of a property containing a mural installed in compliance with this article shall include restrictions by deed or other instrument that requires the buyer to agree to retain and maintain the mural in compliance with this article. This section (determine numbering system) may be enforced in accordance with the special magistrate code enforcement system in find Collier County code of the Code of Ordinances. Should an approved mural become deteriorated, or otherwise no longer satisfy the terms of the permit, enforcement shall include the County's right to enter upon the property and abate by such reasonable action as necessary to remove or restore the mural, in the County's discretion. Costs of abatement by the County. Upon the County's abatement of the mural, the costs, including the administrative costs incurred by the County, shall be assessed by the Special Magistrate against the real property from which the mural was removed, together with any fine imposed by the Special Magistrate, all of which shall become a lien against the real property in accordance with section 2 - 258 of the Code of Ordinances. Alternative remedies. Nothing in this section shall in any way limit the County to the remedy listed above. This remedy shall be in addition to any other remedy which the County can legally pursue, including, but not limited to, code enforcement measures under Article VII, Chapter 2 of the Code of Ordinances. Recording requirements. The mural permit and the determination of removal shall be recorded in the records of the County, and may be recorded in the official records of Volusia County, and shall be binding upon the heirs, personal representatives, grantees, heirs and successors of the parties. Collier County Public Art Committee July 2023 Packet Pg. 1269 35.1.2 The replacement mural shall meet all of the requirements of this section. A replacement mural must be approved by the County Commission. Collier County Public Art Committee July 2023 Packet Pg. 1270 35.1.2 MURAL APPLICATION FORMS SECTION 1 Collier County Mural Program Overview The Mural Program was approved on (date) by the Board of County Commissioners in coordination with the Collier County Public Art Committee to bring murals to the Collier County. Below is an overview of the Mural program. Develop some type of graphic when the process flow is completed WHO MAY PARTICIPATE? Anyone who owns a building in the Collier County, or any merchant within that area with permission from the building owner to paint the building may commission a mural. The A MURAL IS NOT A SIGN. Mural designs must fit within the definition of a mural as decided by Collier County. (insert here when complete from Mural policy) WHO SUPERVISES THE MURAL PROGRAM? Applications are submitted to the Collier County Public Art Committee and The Collier County Planning Department. Applications are accepted from building owners/merchants. The Public Art Committee will: • Put out a call for artists, if requested by applicant. • Screen each mural artist. • Work with the building owner or retail merchant to obtain all required approvals and permits from the Collier County. • Work with and assist the artist in planning and finalizing the mural design, including securing any volunteers needed to assist with the mural execution. • Promote the mural during and after completion and provide signage for all murals. WHAT IS REQUIRED OF THE BUILDING OWNER/RETAIL MERCHANT? • Contract with the artist and pay his/her fee. Collier County Public Art Committee July 2023 Packet Pg. 1271 35.1.2 • Complete any required County permitting. • Appear before the Collier County Public Art Committee and Board of County Commissioners in support of the mural application. • Finalize a contract between owner/merchant, Collier County, and Artist. • Post permits prior to starting mural work. • Notify Collier County Public Art Committee and Collier County Planning staff when work is completed. • Maintain the artwork for a minimum of two years while it remains on site. • Failure to maintain the art piece will require the owner to remove it either upon notice by the County. ARTIST SELECTION Artists in the Muralists Registry are selected with four criteria in mind: • Appropriateness: Artists are selected based on the appropriateness of their proposal to the project. • Professionalism: Does the artist have a history of professional mural work? • Communication: The artist must have the ability to clearly communicate concepts both visually and through clearly written materials. • Performance: Does the artist have a good professional history of being able to work cooperatively and finish projects on time? Owners may supply their own artists for projects, but all artists must meet these criteria. The Public Art Committee will do its best to connect owners who wish to have a mural on their property with appropriate professional artists. All artists must submit a portfolio of past work for Mural Committee review, as well as their sketches for proposed murals. PROCESS STEPS: 1. Application packet submitted to Collier County Planning Department. 2. Collier County Public Art Committee reviews application. 3. Final proposal for mural presented to Collier County Public Art Committee. 4. Based on Mural Committee approval, the project will be finalized and forwarded to the County Commission for review. 5. Payment of advertising fees associated with the public meetings required by the mural ordinance. 6. Mural work begins. For further information contact: a Enter Contact Information Collier County Public Art Committee July 2023 Packet Pg. 1272 35.1.2 PROJECT LOCATION: Address: Parcel ID: APPLICANT/OWNER INFORMATION: Applicant Name/Title Company Street Address County / State / Zip Telephone Email PROJECT TITLE: PROJECT DESCRIPTION: Estimated Start Date: Estimated Completion Date: Estimated Life Span of Mural: Collier County Application for Mural Project Owner Name/Title Company Street Address County / State / Zip Telephone Email M N O N 2, 3 a� a� r r E E 0 U Q 0 a rn to N Collier County Public Art Committee July 2023 Packet Pg. 1273 35.1.2 ARTIST INFORMATION: Name: Business Name (if different) Address: Telephone: Email: PLEASE SUBMIT THE FOLLOWING MATERIALS AS PART OF YOUR APPLICATION: 1. Site Plan — Indicating the placement of the proposed mural at the site, including measurements and a photo of the existing structure. n2. Completed Sketch of Proposed Mural — Must include dimensions, all thematic proposals, and colors and as much detail as possible. A finished version of the design must be presented during the design review process. 3. Description of Proposed Materials and Colors — Including any manufacturer's specifications. Actual colors and materials must be presented during the design review process. 4. Detailed Maintenance/Conservation Plan — Describe required maintenance, including frequency of maintenance and projected costs. Indicate material to be used for final protective coating. 5. Artist's Resume, Portfolio and References — or a link to available online materials. 6. Owner's Application. F17. Lessee's Application — if applicable. 8. Mural Ownership Agreement. 9. Waiver of Rights Pursuant to Visual Artists Rights Act. All materials should be submitted to: Collier County, Planning Department, contact and address. When the County has received all the above materials, the review committee may request additional materials prior to scheduling a final committee review. Collier County Public Art Committee July 2023 Packet Pg. 1274 35.1.2 Mural Project Building Owner Application I located at own the building would like a mural on my property. Attached to this application is proof of ownership. (Signature) (Print name) Email address: (Date) (Preferred phone number) OWNER HEREBY AGREES TO: 1) Finalize an application between owner/lessee, County and /artist; 2) Complete any permitting required by the Collier County; 3) Pay any applicable fees to the County or provide proof of payment by lessee/other; and 4) Remove mural from building, if the work fails to meet County upkeep requirements. PLEASE COMPLETE FORM AND RETURN TO: Collier County Planning Department address Email: @colliercountyfl.gov Telephone: 289- and Collier County Public Art Committee July 202310 Packet Pg. 1275 35.1.2 Mural Project Building Lessee Application I, , am the lessee in the building located at and would like a mural on my property. Attached to this application is proof of ownership. (Signature) (Date) (Print name) (Preferred phone number) Email address: BUILDING LESSEE HEREBY AGREES TO: 1) Finalize a contract between owner/lessee, County, and artist; 2) Complete any required permit from Collier County; 3) Pay any applicable permit fee to the County or provide proof of payment by owner/other; and 4) Maintain mural to artist's and County's specifications. PLEASE COMPLETE FORM AND RETURN TO: Collier County Planning Department address Email: @colliercountyfl.gov Telephone: 289- Collier County Public Art Committee July 2023 Packet Pg. 1276 35.1.2 Mural Ownership Agreement This Agreement is made this day of , 201 between ("Artist"), the Collier County, Florida ("County)" and ('Building Owner") for the purpose of stipulating ownership and responsibility for all details pertaining to the installation of a mural according to Collier County Mural guidelines.. (Section 3-72, Land Development Code). Artist is the creator of a mural painting currently titled: Building Owner is the owner of the building on which the mural will be exhibited. The Building Owner will be responsible for surface preparation on the building for painting prior to the creation of the mural as well as preserving and maintaining the mural for the period set out below. Failure to maintain the art piece may require the owner of the wall on which the mural is located to remove it, either upon notice by the County or upon order by the Special Magistrate. Location of Mural: LICENSING: Artist warrants and represents that the mural painting and rendering(s) assigned by this Agreement have never been published or copied and that Artist is the sole owner of all rights herein, including and not limited to, the right to prevent the making and dissemination of copies, and the right to obtain statutory copyright extending to the Artist the exclusive right to manufacture and sell copies for a fully statutory term and renewal thereof. Collier County Public Art Committee July 2023 Packet Pg. 1277 35.1.2 TERM: Building Owner hereby agrees to the mural painting being maintained in place for a minimum of two (2) years from the date of the mural completion. The owner retains the right to remove the mural or repaint the wall after this period of time. EACH PARTY HEREBY CONSENTS TO VENUE OF COLLIER COUNTY AND THE MIDDLE DISTRICT OF FLORIDA. IN WITNESS WHEREOF, the parties have executed this Agreement and Memorandum of Understanding in Collier County, Florida, the day and year first written above. ARTIST (initial each line and sign below): I verify that the mural submitted is an original work of art and has not been previously used or seen. I verify that the mural will be painted/installed by me, or under my supervision if done as a community mural. I understand that the finished mural must match the submitted mural rendering/proposal. If the completed mural does not match the approved mural attached to the mural permit, I understand and agree that the COUNTY may require the removal of the completed mural. I have read and agree to fully abide by the Collier County Mural Code, Sec. 3-72, Land Development Code ("Mural Code"). I have read this Agreement and Memorandum of Understanding and understand the process and my responsibilities. I have signed the attached waiver of VARA rights. I may be compensated for the completion of the mural; however, I understand and agree that I may not receive compensation for the right to display the mural on the property. I understand and agree that I will have the right to use an image of the mural as part of my artist portfolio, but I will not have the right to recreate the mural anywhere else. I hereby give my consent to the Collier County and the Arts District to use an image of the mural for promotional purposes, such including but not limited to promoting the County, the Downtown Overlay District, or the Mural Program. I understand that the property owner shall own the completed mural, and as such is responsible for maintaining the condition of the mural in accordance with the Mural Code. Collier County Public Art Committee July 2023 Packet Pg. 1278 35.1.2 I understand that the mural must be maintained in accordance with the requirements provided in the Mural Code; and I hereby give my consent to the County and/or building owner to remove the mural, with ninety (90) days' notice being provided to me, if the mural is not maintained in accordance with the requirements of the Mural Code or if it becomes a safety hazard. ARTIST: Artist signature Artist print name Date: BUILDING OWNER (initial each line and sign below): Witness signature Witness print name I am the property owner of the subject property. All statements in this Agreement are true and correct. I have read and agree to fully abide by the Collier County Mural Code, Sec. 3-72, Land Development Code ("Mural Code"). A copy of the proposed mural is attached. The property owner and business owner agree to allow the approved mural on the subject building. Prior to painting of the mural, the property owner must obtain a mural permit from the County. The completed mural must match the approved rendering attached to the permit or the mural will fail final inspection. Painting a mural different than the approved mural design is a violation of the County Code which may result in the assessment of fines and the imposition of a lien against the subject property and all property in Volusia County owned by the property owner. I hereby give my consent to the Collier County and the Arts District to use an image of the mural for promotional purposes, such including but not limited to promoting the County, the Downtown Overlay District, or the Mural Program. I understand that I will be responsible for maintaining the condition of the mural in accordance with the Mural Code. Collier County Public Art Committee July 2023 Packet Pg. 1279 35.1.2 I understand that the mural must be maintained in accordance with the requirements provided in the Mural Code; and I hereby give my consent to the County to cause the removal of the mural if it is not maintained in accordance with the requirements of the Mural Code. BUILDING OWNER: Building Owner signature Building Owner print name Date: COLLIER COUNTY, FLORIDA By: x x Date: Attest: x x Date: Witness signature Witness print name Collier County Public Art Committee July 2023 Packet Pg. 1280 35.1.2 Waiver of Rights Pursuant to the Visual Artists Rights Act I, , have prepared designs for the following art work: (Specifically identify the work) The above -described work may be considered to be a "work of visual art" subject to the provisions of the federal Visual Artists Rights Act of 1990, specifically the rights of certain authors to attribution and N integrity, as codified at 17 U.S.C. §106A(a). I am an author of the work(s) described herein, and am r*- authorized to waive the rights conferred by §106A(a), in accordance with the waiver provision of 17 U.S.C. §106A(e)(1). STATUTORY PROVISIONS 17 U.S.C. §106A - Rights of certain authors to attribution and integrity. (a) Rights of Attribution and Integrity. - Subject to section 107 and independent of the exclusive rights provided in section 106, the author of a work of visual art — (1) shall have the right — (A) to claim authorship of that work, and (B) to prevent the use of his or her name as the author of any work of visual art which he or she did not create; (2) shall have the right to prevent the use of his or her name as the author of the work of visual art in the event of a distortion, mutilation, or other modification of the work which would be prejudicial to his or her honor or reputation; and Collier County Public Art Committee July 2023 Packet Pg. 1281 35.1.2 (3) subject to the limitations set forth in section 113(d), shall have the right (A) to prevent any intentional distortion, mutilation, or other modification of that work which would be prejudicial to his or her honor or reputation, and any intentional distortion, mutilation, or modification of that work is a violation of that right, and (B) to prevent any destruction of a work of recognized stature, and any intentional or grossly negligent destruction of that work is a violation of that right. 17 U.S.C. §106A(e)(1) -Transfer and waiver. The rights conferred by subsection (a) may not be transferred, but those rights may be waived if the author expressly agrees to such waiver in a written instrument signed by the author. Such instrument shall specifically identify the work, and uses of that work, to which the waiver applies, and the waiver shall apply only to the work and uses so identified. In the case of a joint work prepared by two or more authors, a waiver of rights under this paragraph made by one such author waives such rights for all such authors. WAIVER As author of the above -described work, I hereby permanently waive my rights pursuant to 17 U.S.C. §106A(a)(3) to prevent any distortion, mutilation, modification or destruction of that work, for whatever reason and for whatever use of the work such distortion, mutilation, modification or destruction of the work is undertaken. This waiver does not extend to the rights of attribution conferred by 17.U.S.C. §106A(a)(1) or §106A(a)(2). Artist Signature Artist Print Name Date STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by to me. , as artist, who (_) provided as identification, or (_) who is personally known Notary Public, State of Florida My Commission Expires: Collier County Public Art Committee July 2023 Packet Pg. 1282 35.1.2 Mural Project Process and Policies Overview Murals located within the BGTCRA are an investment in the Public Art Plan and the County Arts and Culture Strategic Plan and should contribute to the overarching goals of these plans, first and foremost. Murals requiring approval as described below must adhere to these guidelines. Definition of a Mural A mural is any large-scale artwork, painting, mosaic, fresco or other permanent artwork attached to or applied directly to the exterior of a structure. A mural is a pictorial representation or design intended to reflect a thematic or artistic expression. Murals on public or private property fall under the governance of the BGTCRA Mural Guidelines and require approval if they are (a) within public view via public right of way, or (b) funded in whole or in part with public monies. Murals in the BGTCRA are governed by (a) location (on BGTCRA or private property), (b) the use of public a or private monies, and (c) their duration status (temporary or permanent). Temporary murals are intended a, to be installed and on view for 6 months or less. Murals intended for installation and on view for more N than six months are considered permanent murals. All murals are subject to these mural guidelines. ti Murals on private property outside of public view via public right of way and funded with private dollars do not need approval from the PAC but are subject to all County codes and other ordinances. These guidelines provide anyone who wishes to install a mural with a reasonable process safeguarding both the interests of the community and those of the individual property owner. The guidelines are designed to assure that murals within the BGTCRA enhance the appearance of the area without confusing drivers and/or pedestrians or causing any other negative impact on public safety or welfare. The PAC will review proposals for all murals subject to these guidelines and make recommendations to the Advisory Board for consideration and recommendation. The Advisory Board will recommend final mural designs to the BCC for approval. Collier County Public Art Committee July 2023 Packet Pg. 1283 35.1.2 General Design Guidelines The PAC reviews mural proposals to ensure aesthetic quality, design integrity, and to determine that the work is appropriate to the setting, architecture, and social context. For review, the PAC considers the following criteria for murals: a) Support of mural by community. b) Strength of the artist's concept and demonstrated technical skills and expertise; c) Character, culture, and history of the area, with an emphasis on relevance to the specific area and to the contemporary relevance appropriate to the time period; d) Appropriateness of theme and other relationships to the surrounding environment; e) Readability and appropriateness of scale; f) Placement on building, including the consideration of door and window coverings; g) Budget and timeline; h) Confirmation of original work of the artist, with no violation of copyrights; i) Designation of property (no installation allowed on designated historic property); j) Appropriateness of content (e.g., no signage, names, logos, or subject matter that could be construed as advertising or as overtly political, religious, or sexual in nature). Any design considered indecent or illicit by community standards will be denied. Mural Approval Process A four -step process is recommended for any mural subject to Advisory Board approval. 1) Location certification letter/Design review information 2) Design review 3) BCC approval 4) Notice to Proceed with approval terms issued. Step 1: Location Certification Letter and Design Review Information An applicant wishing to install a mural on a building in the BGTCRA is first required to obtain a pre -approval letter from the Program Manager or CRA staff stating that the location is consistent with the intent of the ordinance and the Public Art Plan. The applicant must also submit information for design review, including: ■ Name and contact information of the artist; ■ Address of mural location; ■ Building owner information for mural location; ■ Conceptual design of the mural; ■ Statement of approval from building owner; ■ Description of the materials to comprise the mural and manner of mural application; ■ A statement describing the durability of the material, taking into consideration the location and positioning of the mural; Collier County Public Art Committee July 2023 Packet Pg. 1284 35.1.2 ■ A brief description of the proposed mural installation process, including the need for scaffolding, lighting, and/or other equipment; and ■ Categorization of the mural as temporary (less than 6 months) or permanent (more than 6 months). The Program Manager, CRA staff, and any appropriate County departments/divisions shall review the application materials to ensure: ■ The plans for installation of the work are reasonable. ■ Maintenance projections are acceptable. ■ The materials to be used and the manner of application will not impact or harm neighboring properties, the public, or the environment. ■ There are no existing code compliance issues. At the time of approval, a location certification letter is sent to the applicant, and the design will move forward to the PAC for design review. Proposals containing any signage elements will be redirected to the County Zoning Division for consideration of a sign permit. Artist signatures may appear on the mural if not so prominent as to detract from the mural display. Step 2: Design Review 1. Applicant meets with the Program Manager for initial review of the proposed location, imagery, artist qualifications, and funding sources. 2. The Program Manager presents complete design review information to the PAC. 3. PAC either approves or denies the application. 4. PAC recommendation presented to the Advisory Board for any funding related requests. Step 3: BCC Approval 1. If the application is approved, the PAC recommendation is submitted to the BCC at a subsequent, regularly scheduled meeting for final approval. 2. Applicant is notified with an official notice to proceed if approved. 3. Applicant provides contractual agreement with the building owner, including commitment to keep the mural unchanged and in good condition for a minimum of five years. 4. Applicant proceeds with creation of the mural. 5. Applicant notifies the Program Manager when mural is completed in accordance with the approved project timeline or requests an extension. 6. Applicant provides high resolution digital images of completed mural for CRA use and public record. *Revisions or appeals In the case that a mural is not approved, the Program Manager will communicate to the applicant in writing the reasons for the decision. The applicant is encouraged to either revise the application addressing the concerns or appeal the decision. Collier County Public Art Committee July 2023 Packet Pg. 1285 35.1.2 PUB ART i yin Florida County Public Art Collier County Public Art Committee July 2023 Packet Pg. 1286 35.1.2 FAPAP Convention 25 Year Anniversary May 9-11 Orlando, FL Thursday, May 11, 9am Current Temporary Outdoor Exhibits presentation by Debby Coles-Dobay Across Florida, numerous cities establish rotating on -loan temporary outdoor art programs. With audience participation, we'll review how they can benefit and the best practices for their success. Please review the presentation outline below and the responses from the conference participants. BENEFITS, CHALLENGES & BEST PRACTICES FOR ROTATING OUTDOOR ARTWORK EXHIBITIONS IN PUBLIC ART PROGRAMS • Who has rotating on -loan temporary outdoor art programs or has participate in one? RESPONSE: 5 programs 6 artists participated in program • What makes your program a success? RESPONSES: - Something different - Community Engagement - Work causes curiosity - Emotional reaction - More affordable than purchase - Vote for permanent purchase - Refreshing for a community Artist comment: Organization made them feel valued, appreciated, and special. • What are the challenges for the program? RESPONSES: - Rotating exhibitions are more work - Resources for fair artist stipend - Insurance - Permitting/Engineering - Finding unique work - Continual promotion Collier County Public Art Committee July 2023 Packet Pg. 1287 35.1.2 Benefits • Provides a temporary exhibition that rotates to continually refresh public artwork • Introduces the public to diversity art forms artworks that may be used for permanent placement. • Attracts the public to places & spaces • Connects business to unique art experiences • Advocacy for public art • Introduces emerging artists to gain public art experience Program • Balance between on loan artwork, artist compensation package and budgets • Artists stipend fees • On -loan artist/artwork agreements • Foundation artwork locations - public/private partnerships • Permitting & structural engineer review (meet wind load requirements) • Shipping & Installation logistics • Insurance meet code requirements • Maintenance (cleaning) • Marketing & promotions Art tours, opening receptions, artists talks and educational sessions to engage program officials and the public. • Art purchases PLANNING IS KEY Laura —Same location — reuse pads. Large festival — make it an event Educate community/community participation "I like when the community is upset when an artwork leaves" Dawn — Primary income for artists (name not known) - More relevant John - Collaborative Lloyd - More experimental Terry - Create artist friendly environment Liz - Invite the press, Commissioners, City officials — exposure Collier County Public Art Committee July 2023 Packet Pg. 1288 35.1.2 Budgets • City & artists responsibilities • Program coordinator • Planned placement - foundation to secure artworks • Artists stipend • Shipping, installation permitting, insurance • Marketing & promotions FINAL THOUGHTS The idea of "art on tour" was shared. Several cities could join together and have the same set of artworks exhibit in several cities. Debby encouraged group to engage other departments to assist, i.e. speak with Risk Management to insure the temporary exhibition Site selection concerns and maintenance of temporary exhibition was also discussed. 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