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twenty-four (24) hours of discovering any damage to the Monument (e.g., structural damage such as chipped concrete or slate; or surface defacement, such as marks made by non -chalk materials like spray paint) the Center shall initiate restorative action and shall complete any necessary repairs within a reasonable time thereafter. • E. Extended Forum for Public Comment. The Center shall provide a telephone link and a web site that will give citizens an opportunity to express themselves further about the use of the Monument and to provide suggestions as to how it might better be employed for the celebration of First Amendment Freedoms. F.Time for Establishment. 1. If on or before December 30, 2002, the City finalizes plans to move forward with a project to extend the Downtown Pedestrian Mall, or another project, utilizing the triangular green space directly in front of City Hall ("Site"), then the City will incorporate a First Amendment Monument as a major element and focal point of any such development. Under these circumstances the Center and the City will work together to develop a design for the Monument that will be consistent with the idea and purposes described in Paragraph A, above. The design and development of the Site by the City will be coordinated and integrated with the design and establishment of the Monument by the Center. 2. In the event that City Council has not, on or before December 30, 2002, finalized plans to move forward with a project to extend the Downtown Pedestrian Mall, or another project utilizing the Site, then the City will execute a final Lease Agreement with the Center, and the Center may construct the Monument in accordance with the design presented to City Council on February 5, 2001, subject to the following: a. The leased premises will run the length of the Site's frontage on East Main Street, at a depth of twenty (20) feet therefrom (approximately 2000 square feet (SF), total). Upon request of the City the Center will lease, improve and maintain the remaining portion of the Site (approximately 10,000 SF), so that the overall use and character of the Site will be an attractive public plaza integrating and featuring the First Amendment Monument. • b. The design and materials used for the First Amendment Monument shall be consistent with the description set forth in Paragraph A, above. c. The overall footprint of the Monument shall be no greater than 100 feet long x 20 feet wide, and no less than 90 feet long x 20 feet wide. The slate panels affixed to the face of the Monument (the chalkboard component of the Monument) shall be no greater than 90 feet long x 3 feet wide, and no less than 50 feet long x 2 feet wide. d. The height of the Monument shall be no greater than seven and one-half (7-1/2) feet and no less than six (6) feet. e. The initial term of the lease and development agreement shall be for a period of three (3) years; however, the lease and development agreement may be extended on a year-to-year basis thereafter by mutual agreement of the parties. During the initial term of the lease and any renewal term thereafter, either party may terminate the lease for a material breach of the lease agreement by the other, after giving the breaching party written notice and a reasonable opportunity to cure. After completion of the initial three- year.term, either party may terminate the lease, for any reason, or for its convenience, by giving the other party one -hundred twenty (120) days' advance written notice. f. Rent for the leased premises shall be One Dollar ($1.00) per annum, payable in advance for the entire three-year initial term, and one year in advance with respect to each annual term thereafter. g. Upon construction of the Monument a private, non-profit legal entity formed by the Center for the primary purpose of owning and maintaining the Monument shall hold title to the Monument and any related improvements. This non-profit entity will execute the final, written lease and development agreement with the City, and shall have all the rights and be bound to all obligations of the Center, as described in this Resolution. The non-profit entity shall be deemed the "Tenant" under the final Lease Agreement. • (Wherever the terms and conditions set forth in this Resolution refer to the Center, they shall be deemed also to refer to "Tenant"). The Center will also be required to execute the final Lease Agreement, as a 2