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<br />2.3 "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 set forth in SD-79, <br />Tentative Tract Map No. 2005-08, Mitigated Negative Declaration No. ER 2005-18, and Site <br />Plan Review No. 2005-12. <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. EXHIBITS. The following documents referred to in the Agreement are attached <br />to this Agreement and are identified as follows: <br /> <br />Exhi bi t Referred to <br />Designation Description in Section <br />A Property Legal Description 2.3 <br />B Property Graphical Description (Site Plan) 2.3 <br />C Public Art Locational Plan 2.5 <br />D Offsite Mitigation Measures 5.1.3 <br /> <br />4. GENERAL PROVISIONS. <br /> <br />4.1 Property Subject to Agreement. Until released pursuant to the <br />provisions of Section 8.6 of this Agreement, no property shall be released from this Agreement <br />until Property Owner has fully performed its obligations arising out of the Agreement. <br /> <br />4.2 Effective Date; Duration of Agreement. The "Effective Date" of this <br />Development Agreement shall be the date that the City Council ordinance adopting this <br />Development Agreement becomes effective, which date is thirty (30) days after the City Council <br />meeting at which such ordinance is adopted, unless this Agreement or Ordinance No. NS-_ <br />is the subject of a referendum which has received a prima facie sufficient number of signatures or <br />unless its effective date is stayed by order of a court with jurisdiction. The term of this <br />Agreement shall for eight (8) years; provided, however that the Owner may request one two-year <br />extension from the Executive Director, which request shall not be unreasonably denied; <br />provided, however, that nothing herein is intended nor shall it be interpreted to extend the period <br />of validity of any approval issued in conjunction with the City's Development Project Plan <br />process or building permit, beyond local requirement. <br /> <br />3 <br />75A-38 <br />