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<br />1.6 City Ordinance. On March 3, 2005, the Council adopted Ordinance No. <br />NS-2677 approving this Agreement. The ordinance becomes effective thirty (30) days <br />thereafter. <br /> <br />2. DEFINITIONS. In the Agreement, initially capitalized terms used but not <br />defined shall have the following meanings unless the context otherwise requires: <br /> <br />2.0.5 "Executive Director" means the Executive Director of the City's <br />Planning and Building Agency or designee. <br /> <br />2.1 "Fiual Design" means the final design documents for a work of public art, <br />which is set forth in greater detail in paragraph 5.8 of this Agreement. <br /> <br />2.2 <br />with this Agreement. <br /> <br />"Map" means Tentative Tract Map No.2004-06 , approved concurrently <br /> <br />2.2 "Property Owner" or "Owner" means Main Street Concourse, LLC, <br />being the person, persons, or entity having a legal or equitable interest in the Property, and <br />includes Main Street Concourse, LLC's successors in interest. <br /> <br />2.3 <br /> <br />"Property" is the real property described in Exhibit A and referred to in <br /> <br />Exhibit B. <br /> <br />2.4 "Project" is the development of the Property as generally set forth in <br />SD-59, Tentative Tract Map No. 2004-06, Conditional Use Permit No. 2004-28, Environmental <br />Impact Report No. 2004-01, and Site Plan Review No. 2004-05. <br /> <br />2.5 Public Art Locational Plan means the conceptual Plan attached hereto as <br />Exhibit C. The parties recognize that the Locational Plan sets forth the general description of the <br />location of the Public Art required by this Agreement, and is subject to refinement at the time of <br />installation, by Agreement of the Owner and the Executive Director. <br /> <br />3. EXHffiITS. The following documents referred to in the Agreement are attached <br />to this Agreement and are identified as follows: <br /> <br />Exhibit <br />ne~igm'ttiCln <br /> <br />np.~~r¡ptinn <br /> <br />Referred to <br />in Sp.r.tion <br /> <br />A <br /> <br />Property Legal Description <br /> <br />1.2 <br /> <br />B <br /> <br />Property Graphical Description (Site Plan) <br /> <br />1.2 <br /> <br />c <br /> <br />Public Art Locational Plan <br /> <br />2.5 <br /> <br />D <br /> <br />Phasing Plan <br /> <br />5.1.1 <br /> <br />E <br /> <br />Remaining Offsite Mitigation Measures <br />3 <br /> <br />5.1.2 <br /> <br />Ordinance NS-2677 <br />Page 7 of 38 <br />