Hi Matthew,

We have recently updated our mural guidelines, here in Boise. The guidelines help to clarify the process for mural permitting for both artists and property owners. Murals with both private and public funding follow the guidelines.

Link to guidelines here: https://www.boiseartsandhistory.org/programs/public-art/murals

I have provided some further information below in response to your points.

Please let me know if you have any further questions.

Thanks,

Karl LeClair

Public Art Program Mgr

Boise City Department of Arts & History

Office: (208)608-7044

kleclair@cityofboise.org

Making Boise the most livable city in the country.

From: public_art_network@americansforthearts.simplelists.com <public_art_network@americansforthearts.simplelists.com> On Behalf Of Matthew Henkes
Sent: Wednesday, February 27, 2019 1:48 PM
To: public_art_network@americansforthearts.simplelists.com
Subject: [External] Examples of Agreements with Building Owners for Murals

Hello –

I’m currently doing some research in advance of a mural project. Specifically, I’m looking for any examples that you might be willing to share on agreements with business owners.

The mural program we are supporting would be in partnership with private building owners in the downtown. We are trying to understand what assurances we should be prepared to make to the owners about:

Participation in the final approvals of the murals by the owners;

We require an affidavit of legal interest to be signed by the property owner
Standard form here: https://pds.cityofboise.org/media/300703/affidavit.pdf
We have also drafted specific MOU/MOA/Easement/Maintenance agreement to cover participation in the approval process, maintenance and lifespan of project, see baseline form attached
If the mural is privately funded on private property, we only ensure that the content does not conflict with the City’s sign ordinance, otherwise restricting content can become legally problematic
If the mural is publicly funded, we convene a typical selection committee where the property owner is one voting member

Maintenance of the mural by our Foundation;

We have maintained murals on private property through the above mentioned and attached draft easement agreement which outlines access, roles, and responsibilities of all parties
Consider how to deal with VARA in regards to who is assuming ownership of the mural
If the City owns the work, we deal with VARA in the contract with the artist, we encourage property owners who fund private murals to at lease be aware of VARA and deal with it as they deem appropriate

Ability of the owner to withdraw from the mural program and considerations around such a decision;

Best to establish this in the above mentioned agreement
Can set a minimum expectation for lifespan if there is a need for establishing expectations of public benefit with public funding

Etc.

I’d love any recommendations or examples that can be shared. Thanks in advance!

Matt

Matthew Henkes

Vice President of Grants & Initiatives

Iowa West Foundation

712-309-3007

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