75C - PUBLIC HEARING - AMEND DEVELOPMENT AGMT MACARTHUR PLACE

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EXHIBIT B PUBLIC ART PLAN The Public Art shall be designed, constructed and installed by the Owner. 2. A Final Design Plan, with respect to the Element for which building permits are first issued (the "First Element"), shall be submitted to the City's Planning Commission within thirty (30) days prior to the issuance of a Final Certificate of Occupancy for the First Element; thereafter a Final Design Plan for each subsequent Element (combining Cinema Towers and the Condo/Office Project) shall be submitted to the City's Planning Commission within one hundred fifty (150) days prior to issuance of a Final Certificate of Occupancy for such subsequent Element (combining Cinema Towers and the Condo/Office Project). The Final Design Plan shall (i) identify one (1) or more specific items of Public Art for one (1) or more specific locations and/or application, and (ii) specify the timing of the installation of the Public Art which installation shall occur not later than the first (1st) anniversary date of the City's approval of the Final Design Plan for each respective Element . Owner shall have committed, by written contract, to expend not less than One Hundred Twenty-Five Thousand Dollars ($125,000) in connection with the Public Art upon the issuance of a certificate of occupancy for each of the following (i) Lake Towers, (ii) Cinema Towers and/or the Condo/Office Project, (iii) Integral, and (iv) Retail Project, but in no event exceeding an aggregate of Five Hundred Thousand Dollars ($500,000). Skyline shall be responsible for the Public Art for Lake Towers and GP2 shall be responsible for the Public Art for all other Elements. 3. The Public Art should invite participation and interaction, inspire, add local meaning, interpret the community by revealing its culture or history, and/or capture or reinforce the unique character of the new place. 4. The Public Art should be constructed using durable materials and finishes including but not limited to stone or metal. 5. The Public Art should be comprised of a single or grouped permanent work(s) at a prime location visable to the public and sited to complement features such as plaza or architectural components so that the Public Art is an integral part of the development site. 6. No Public Art shall include advertising of any type, including but not limited to products, services or businesses. 7. All Public Art shall be properly maintained at all times, be free of any graffiti and shall not incorporate any flashing or distracting form of illumination. 8. The Owner may assign ownership, maintenance and/or repair responsibilities of the Public Art to one or more Owners' Association(s). 9. All Public Art shall remain on the Property and may not be removed without the approval of the Planning Commission. B-1 DOCSOC/ 1275524v9/024579-0001 75C-14