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Adopted Monday, March 19, 2001 RESOLUTION INTENT TO LEASE PROPERTY FOR A FIRST AMENDMENT MONUMENT • WHEREAS , in 1992 the Thomas Jefferson Center for the Protection of Free Expression ("Center") proposed a partnership with the City of Charlottesville, to bring a tangible embodiment of the concept of free expression to the City of Charlottesville in the form of a monument commemorating and celebrating the principles of the First Amendment ("Monument'); and WHEREAS, since 1992 the City and the Center have explored alternatives for the establishment of such a Monument in the vicinity of City Hall and in 1998 a First Amendment Monument Committee sponsored a competition seeking ideas for the design of the monument; and WHEREAS, the design presented to the City Council at a public hearing on February 5, 2001 was the winner of the 1998 competition and City Council desires to facilitate moving forward with establishment of a First Amendment Monument adjacent to City Hall; and WHEREAS, the City Council and the Center agree that a formal, written lease and development agreement (hereafter, "Lease Agreement') will be necessary before construction of the Monument can begin, which agreement must detail fully the obligations and responsibilities of each party, and Council intends that the terms and conditions set forth within this Resolution, below, contain an outline of the essential elements of such an agreement and that a final Lease Agreement negotiated by the parties must be consistent with the terms and conditions herein stated; NOW THEREFORE, BE IT RESOLVED THAT: A.The Monument. The proposed Monument will have three central components: (1) a simple concrete wall covered with panels of slate, which will serve as a board on which visitors may write using chalk only; (2) a separate, but smaller section of slate on which the First Amendment will be inscribed; and (3) a . lectern/podium. The Monument will address City Hall, and its purpose will be will be twofold: to serve as a tribute to the principles of free expression and to provide an interactive forum for that expression. The final design of the Monument shall be subject to approval of the City's Board of Architectural Review, in accordance with established ordinances and regulations, as well as to final approval by City Council in accordance with the terms and conditions set forth herein. B. Signage. The Center shall be responsible for erecting and maintaining appropriate sign(s), in accordance with applicable provisions of the City's sign ordinance. Such signs will capture the concept of the Monument and the means and purposes for which it is intended to be used. Said sign(s) shall also provide a phone number which visitors to the Monument may call should they have questions concerning the Monument or its use. C. Education and Programming. The Center shall be responsible for planning, organizing, and conducting a series of events centered around the Monument. These events shall be designed to inform the general public of the symbolism of the Monument and what the Constitutional right of free speech entails. Events will include explanations of the established legal exceptions to the Constitutional right of free speech, including, but not necessarily limited to: obscenity, slander and libel, threats, incitement of lawless behavior, fighting words, and fraudulent misrepresentation. Events will also be designed to encourage thought and discussion concerning the responsible exercise of the right of free speech in all forums, including the Monument. These events will be ongoing, scheduled not less than one every three months, and coordinated with other events and groups making use of the downtown mall and amphitheater. The Center shall form a committee made up of a number of area residents to assist in the planning of such events. D. Upkeep and Maintenance. The Center shall be obligated and shall have sole responsibility for maintaining the Monument, and the City shall be under no obligation whatsoever to make any repairs or to perform any maintenance to the Monument during the term of a Lease Agreement with the Center. At all times, the Monument shall be kept by the Center in good order, condition and repair, of equal quality and class with the • condition of the Monument at the time of its original construction. The Center shall be obligated to perform ongoing cleaning and maintenance of the Monument, to include, without limitation: cleaning all slate surfaces ("wiping the slate clean"), and removing flyers or posters, no less frequently than once per week. Within