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EXHIBIT 1 <br /> 2. Notice to Artist <br /> Prior to the removal, relocation, alteration, or destruction of a protected artwork, <br /> the City shall make a diligent, good faith effort to notify the artist in writing at the <br /> artist's last known address of record at least 90 days in advance. The notice shall <br /> describe the proposed action and provide the artist a reasonable opportunity to <br /> respond, inspect the artwork, or assert applicable rights. <br /> 3. Opportunity for Removal <br /> If a work of art is incorporated into a building or structure and can be removed <br /> without substantial damage to the artwork, the artist shall be provided the <br /> opportunity to remove the artwork at the artist's sole expense within a reasonable <br /> timeframe specified by the City, consistent with applicable law. <br /> If removal cannot be accomplished without destruction, distortion, or substantial <br /> alteration, the City shall comply with all statutory notice and documentation <br /> requirements prior to proceeding. <br /> 4. Public Works, Renovation, or Demolition <br /> When alteration, removal, or destruction of a work of art is necessitated by <br /> construction, renovation, demolition, or other public works activity, the City shall <br /> comply with applicable notice requirements under VARA and CAPA and shall <br /> document the artwork prior to removal or destruction,unless emergency conditions <br /> require immediate action. <br /> 5. Emergency Conditions <br /> If a work of art presents an immediate threat to public health or safety,the City may <br /> take necessary action to secure, remove, or stabilize the artwork without prior <br /> notice. The City shall document the emergency condition and provide notice to the <br /> artist as soon as practicable thereafter. An emergency condition can also include <br /> vandalism that promotes hate speech or provokes violence. <br /> 6. Documentation <br /> Prior to removal, relocation, or destruction of a protected artwork, the City shall <br /> document the artwork through photographs and written records for archival <br /> purposes, unless emergency circumstances prevent such documentation. <br /> 7. Waivers <br /> Where legally permissible, the City may require artists to execute written waivers <br /> of rights under VARA and/or CAPA as a condition of commission, acquisition, or <br /> installation. Any such waiver shall be clear, specific, and executed in compliance <br /> with statutory requirements. <br /> 13 <br />