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<br />EXHIBIT B <br /> <br />PUBLIC ART PLAN <br /> <br />1. The Work(s) of Public Art shall be designed, constructed and installed by the Owner; <br />provided however, that the Signs shall be designed by the City at its sole expense. <br /> <br />2. A Final Design Plan consistent herewith, which proposes specific Work(s) of Public Art for <br />specific locations and/or applications, shall be submitted to the City's Planning Commission <br />within thirty sixty five (365) days from the issuance of the first building permit for the <br />Project. Owner shall install the Public Art not later than the issuance by the City of the first <br />certificate of occupancy for any Element. <br /> <br />3. The Public Art should invite participation and interaction, inspire, add local meaning, <br />interpret the community by revealing its culture or history, and/or capture or reinforce the <br />unique character of the new place. <br /> <br />4. The Public Art should be constructed using durable materials and finishes including but not <br />limited to stone or metal. <br /> <br />5. The Work(s) of Public Art should be comprised ofa single or grouped permanent work(s) at <br />a prime location visable to the public and sited to complement features such as plaza or <br />architectural components so that the Public Art is an integral part of the development site. <br /> <br />6. No Public Art shall include advertising of any type, including but not limited to products, <br />services or businesses. <br /> <br />7. All Public Art shall be properly maintained at all times, be free of any graffiti and shall not <br />incorporate any flashing or distracting form of illumination. <br /> <br />8. The Owner may assign ownership, maintenance and/or repair responsibilities of the Public <br />Work(s) of Art to one or more Owners' Association(s). The City shall be solely responsible <br />for maintaining the Signs. <br /> <br />9. All Public Art shall remain on the Property and may not be removed without the approval of <br />the Planning Commission. <br /> <br />10. Expenses not included in the Public Art Fee. <br /> <br />1. Expenses to locate the artistes) (e.g., airfare for artist interviews, etc.) <br /> <br />11. Architect and Landscape Architect fees incurred in connection with the Public <br />Work(s) of Art. <br /> <br />111. Landscaping around Public Work(s) of Art 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 ornamental <br />enhancements. <br /> <br />tv. Utility fees associated with activating electronic or water generated artwork. <br /> <br />B-1 <br /> <br />DOCSOC/111 0339v 11/24579-000 1 <br />