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<br />approval, Agreements, or mitigation measures contained in the Development Plan or this <br />Agreement. <br /> <br />5.8 Development, Construction and Completion of Work of Public Art. <br />In consideration for the extraordinary and significant benefits to the City set forth in this Section, <br />the Owner has been legally vested under paragraph 5.1 with regard to the permitted uses of land, <br />density, and intensity of use, Owner shall include within the Project at one or more prime <br />locations visible to the public from currently existing public right-of-way, one or more permanent <br />works of public art (the "Public Art"). The Owner shall design and/or construct the facilities <br />specified below prior to the corresponding triggering event specified in section 5.8.1 below. The <br />Public Art shall conform in all respects to Exhibit C of this Agreement, the "Public Art <br />Locational Plan." <br /> <br />5.8.1 Work of Public Art. <br /> <br />Facilities to Be Constructed <br /> <br />Triggering Event (E.f!., New Use or New Area) <br />Prior to issuance of first Building Permit <br /> <br />1. Submit Final Design of Public Art. <br />Final design must conform to Public Art <br />Locational Plan. <br /> <br />2. Install Public Art. <br /> <br />Prior to the City's issuance of Certificate of Use <br />and Occupancy for any building. <br /> <br />With respect to the Final Design, Owner shall complete all construction and <br />development, shall submit all plans, drawings, and other documents, and perform all of its <br />obligations under this Agreement within the times specified above. During periods of <br />construction of the work of public art encompassed in the Public Art Locational Plan, Owner <br />shall submit to the City a written report of the progress of the construction when and as <br />reasonably requested by the City. The report shall be in such form and detail as may be <br />reasonably required by the City, and shall include a reasonable number of construction <br />photographs (if requested) taken from the last report by Owner. Development scheduling or date <br />or times of performance may be subject to revision from time to time if first mutually agreed to <br />in writing. Such revisions do not constitute amendments requiring further notice and public <br />hearing. <br /> <br />5.8.2 Inclusionary Housing Fee. Owner shall pay to the City the sum of <br />$3,000.00 per residential unit (or live-work unit) as a condition of issuance of each building <br />permit. The Inclusionary Housing Fee shall be used by the City for planning (including but not <br />limited to preparation of one or more elements of its general plan or for zoning amendments), <br />conceptual design, final design, bid preparation, award of bid, property appraisal, property <br />acquisition, relocation, lost goodwill, and/or construction of new or substantially rehabilitated <br />existing affordable housing in the City. <br /> <br />10 <br />75A-45 <br />