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2004 02 , Variance No. X894 —ki __, Zoning Ordinance Amendment No. <br />2904 -95 (amending SD -43), and Site Plan Review No, 2894 -06 <br />25 "Public Art Plait" means the conceptual Plan attached hereto as Exhibit <br />C. The parties recognize that the Plan does not set forth certain elements of the Public Art to be <br />installed in conjunction with this Project, including the location of the Public All, and is <br />therefore subject to refinement. prior to the time of installation, by agreement of the Owner and <br />the City's Executive Director of Planning and Building. <br />3. EXHIBITS. The following documents referred to in the Agreement are attached <br />to this Agreement and are identified as follows: <br />Exhibit Referred to <br />Designation Description in Section <br />A Property Legal Description 1.23 <br />B Property Graphical Description (Site Plan) 1.23 <br />C Public Alt Plan <br />2.5 <br />D Cooperative Agreement for Off -Site Improvements 5.1.1 <br />E Remaining Offsite Mitigation Measures 5.1.2 <br />4, GENERAL PROVISIONS. <br />4.1 Property Subject to the Agreement. Until released pursuant to the <br />provisions of Section $.3 below, no property shall be released from this Agreement until Property <br />Owner has fully performed its obligations arising out of the Agreement. <br />4.2 Duration of Agreement. The term of this Agreement shall be for ten (10) <br />years from the date that the Council adopts its ordinance approving this Agreement ( "Effective <br />Date" J; provided, however that the Owner may request one two -year extension from the <br />Executive Director of the Planning and Building Agency, which request shall not be <br />unreasonably denied. <br />4.3 Assignment. Owner shall have the right to transfer or assign the Property, <br />and its interests in and rights and obligations tinder this Agreement, in whole or in paid, to any <br />person, entity (public or private); partnership, joint venture, firm or corporation at any time <br />during the term of this Agreement; provided, however, that except as provided in section 4.11 of <br />this Agreement, the rights of Owner tinder this Agreement may not be transferred or assigned <br />unless the written consent of the Council is first obtained and any transfer or assignment of the <br />rights under this Agreement shall include in writing the assumption of the duties, obligations, and <br />liabilities arising from this- Agreement if the City grants written consent to transfer the rights. <br />4 <br />75A -69 <br />