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<br />EXHIBIT B <br /> <br />PUBLIC ART PLAN <br /> <br />1. The Public Art shall be designed, constructed and installed by the Owner. <br /> <br />2. A Final Design Plan, with respect to the Element for which building permits are first issued <br />(the "First Element"), shall be submitted to the City's Planning Commission within thirty <br />(30) days prior to the issuance of a Final Certificate of Occupancy for the First Element; <br />thereafter a Final Design Plan for each subsequent Element (combining Cinema Towers and <br />the Condo/Office Project) shall be submitted to the City's Planning Commission within one <br />hundred fifty (150) days prior to issuance of a Final Certificate of Occupancy for such <br />subsequent Element (combining Cinema Towers and the Condo/Office Project). The Final <br />Design Plan shall (i) identify one (1) or more specific items of Public Art for one (1) or more <br />specific locations and/or application, and (ii) specify the timing of the installation of the <br />Public Art which installation shall occur not later than the first (1st) anniversary date of the <br />City's approval of the Final Design Plan for each respective Element, but in no event shall all <br />required Public Art be installed later than ninety (90) days following the first utility release <br />on the last Element to be constructed. Owner shall have committed, by written contract, to <br />expend not less than One Hundred Twenty-Five Thousand Dollars ($125,000) in connection <br />with the Public Art upon the issuance of a certificate of occupancy for each of the following <br />(i) Lake Towers, (ii) Cinema Towers and/or the Condo/Office Project, (iii) Integral, and (iv) <br />Retail Project, but in no event exceeding an aggregate of Five Hundred Thousand Dollars <br />($500,000). Skyline shall be responsible for the Public Art for Lake Towers and GP2 shall <br />be responsible for the Public Art for all other Elements. <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 Public Art should be comprised of a single or grouped permanent work(s) at a prime <br />location visable to the public and sited to complement features such as plaza or architectural <br />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 />Art to one or more Owners' Association(s). <br /> <br />B-1 <br /> <br />DOCSOC/I 275524v I 0/024579-000 I <br /> <br />11 A-12 <br />