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<br />EXHIBIT C <br />Public Art Program <br /> <br />1. The Public Art shall be comprised of a single art piece to be placed at the general <br />location identified on Exhibit B to this Agreement. The final location will be shown <br />on the site plan for the Project and may include, at Owner's option, the area within <br />the internal plaza of the Project. This location may be further modified at the time of <br />installation by agreement of the Owner and the City's Executive Director of Planning <br />and Building, provided that it is within the general location identified on Exhibit B. <br /> <br />2. The Public Art shall be valued at no less than $250,000 (the "Art Cost"). While <br />Owner may elect to expend more than $250,000 for the Art Cost, Owner shall not <br />be required to spend more than $250,000. <br /> <br />3. The Public Art should reflect or interpret the culture or history of the community <br />and/or capture or reinforce the unique character of the new place. <br /> <br />4. The Public Art should be sited to complement features such as plaza or <br />architectural components so that the art is an integral part of the development site. <br /> <br />5. The Public Art should be constructed using durable materials and finishes, <br />including, but not limited to, stone or metal. <br /> <br />6. The Public Art may not include advertising of any type, including, but not limited to, <br />products, services, or businesses. <br /> <br />7. The Public Art shall be properly maintained at all times, be free of graffiti, and shall <br />not incorporate any flashing or distracting form of illumination. <br /> <br />8. The Public Art shall remain on the Property and may not be removed without the <br />approval of the Planning Commission. <br /> <br />9. The following expenses may not be included within the Art Cost: <br />a) Expenses to locate the artist (e.g., airfare for artist interviews, etc.). <br /> <br />b) Architect and Landscape Architect fees. <br /> <br />c) Landscaping around a sculpture that is not included as part of the artist's <br />sculpture furnishings, including, but not limited to, functional structures, <br />prefabricated water or electrical features not created by the artist, and <br />ornamental enhancements. <br /> <br />d) Utility fees associated with activating electronic or water generated artwork. <br /> <br />e) Lighting elements not integral to the illumination of the art piece. <br /> <br />70020313.6 <br />6/14/04 <br /> <br />17 <br /> <br />75C-27 <br />