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<br />. <br /> <br />. <br /> <br />To be eligible, the proposed work of public art shall not be: <br /> <br />a. a mass produced obj ect from a standard design; <br /> <br />work of art; <br /> <br />b. a reproduction, whether produced by mechanical or other means, of an original <br /> <br />c. elements of building, designed by the building's architect, as opposed to a <br />public artist commissioned for the express purpose of creating a unique work of public art; nor <br /> <br />d. landscaping, in whole or in part. <br /> <br />Deliverables specified below must be designed, constructed or executed prior to the triggering <br />event. <br /> <br />Deliverable <br /> <br />I. Submit final design and location of <br />Public Art to Planning and Building <br />Agency. <br /> <br />2. Install Public Art. <br /> <br />2. Maintenance Agreement with City, <br />binding on Owner and successors, to <br />maintain work of public art in <br />perpetuity. <br /> <br />Triggering Event <br /> <br />Prior to issuance of first Building Permit, or five <br />(5) years from the effective date of this <br />Agreement, whichever comes first. <br /> <br />Prior to City's issuance of Certificate of Use and <br />Occupancy for any building, or six (6) years from <br />the effective date of this Agreement, whichever <br />comes first. <br /> <br />Prior to City's issuance of Certificate of Use and <br />Occupancy for any building, or six (6) years from <br />the effective date of this Agreement, whichever <br />comes first. <br /> <br />5.11 Moratoriums. Moratoriums enacted by the City for the public health, <br />safety, and welfare, which are imposed on the Property or Project, shall toll the time periods set <br />forth in this Agreement. <br /> <br />5.12 City to Receive Construction Contract Documents. Owner shall <br />furnish City, upon written request, copies of any public facilities construction contracts and <br />supporting documents relating to the Proj ect. <br /> <br />5.13 Conditions of Discretionary Approvals. The requirements imposed as <br />conditions of any discretionary approval received through the City's existing regulatory process <br />shall be governed by the terms of those approvals, and in no event shall such conditions be <br />affected by the termination, cancellation, rescission, revocation, or default or expiration ofthis <br /> <br />8 <br />