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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> 2904 $2 , Variance No. 'U0444 Zoning Ordinance Amendment No. <br /> 2981-95 (amending SD-43), and Site Plan Review No, 2884-06 <br /> <br /> 2.5 "Public Art Plan" 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 /> <br /> Exhibit Referred to <br /> Designation Description in Section <br /> <br /> A Property Legal Description 1.23 <br /> B Property Graphical Description (Site Plan) 1.23 <br /> <br /> C Public Ail Plan 2.5 <br /> <br /> D Cooperative Agreement for Off-Site Improvements 5.1.1 <br /> <br /> E Remaining Offsite Mitigation Measures 53.2 <br /> <br /> <br /> 4, GENERAL PROVISIONS. <br /> <br /> 4.1 Property Subject to the Agreement. Until released pursuant to the <br /> provisions of Section 8.3 below, no property shall be released from this Agreement until Property <br /> Owner has fully performed its obligations arising out of (lie 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" ;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 /> <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 pant, 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 under 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 /> <br /> <br /> 4 <br /> 75A-69 <br />