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EXHIBIT C <br />Public Art Program <br />1. The Public Art shall be comprised of a single art piece to be placed at the general location <br />identified on Exhibit B to this Agreement. The final location will be shown on the site plan for the <br />Project and may include, at Owner's option, the area within the internal plaza of the Project. This <br />location may be further modified at the time of installation by agreement of the Owner and the <br />City's Executive Director of Planning and Building, provided that it is within the general location <br />identified on Exhibit B. <br />2. The Public Art shall be valued at no less than $250,000 (the "Art Cost"). While Owner may elect <br />to expend more than $250,000 for the Art Cost, Owner shall not be required to spend more than <br />$250,000. <br />3. The Public Art should reflect or interpret the culture or history of the community and/or capture or <br />reinforce the unique character of the new place. <br />4. The Public Art should be sited to complement features such as plaza or architectural components <br />so that the art is an integral part of the development site. <br />5. The Public Art should be constructed using durable materials and finishes, including, but not <br />limited to, stone or metal. <br />6. The Public Art may not include advertising of any type, including, but not limited to, products, <br />services, or businesses. <br />7. The Public Art shall be properly maintained at all times, be free of graffiti, and shall not <br />incorporate any flashing or distracting form of illumination. <br />8. The Public Art shall remain on the Property and may not be removed without the approval of the <br />Planning Commission. <br />9. The following expenses may not be included within the Art Cost: <br />a) Expenses to locate the artist (e.g., airfare for artist interviews, etc.). <br />b) Architect and Landscape Architect fees. <br />C) Landscaping around a sculpture that is not included as part of the artist's sculpture furnishings, <br />including, but not limited to, functional structures, prefabricated water or electrical features not <br />created by the artist, and ornamental enhancements. <br />d) Utility fees associated with activating electronic or water generated artwork. <br />e) Lighting elements not integral to the illumination of the art piece. <br />f) Publicity, public relations, photographs, educational materials, business letterhead or logos <br />bearing artwork image. <br />g) Dedication ceremonies, including sculpture unveilings or grand openings. <br />70020313.7 15 <br />6/24/04