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Ordinance No. Page 7 of 7 C. Agreement. Prior to issuance of a building permit, the applicant shall enter into an agreement with the city to either install the approved public art or pay the in -lieu fee. Applicants are required to either pay the in -lieu fee or install the public art project prior to the issuance of a certificate of occupancy. D. Deaccession. The alteration or removal of public art or public art that was installed as a requirement of this chapter will be subject to the provisions of 13.20.070 (Deaccession). §13.20.070 Deaccession. A. Public art on private property. Public art that was installed as a requirement of this chapter will not be removed or altered unless the replacement or alteration is approved by the Commission or Subcommittee pursuant to this chapter. B. Public art in the City collection. In accepting an artwork into its collection, the city will not be bound by any agreement with a project applicant or donor of artwork that restricts the city's ability to act in the city's best interests. Nothing in the acceptance of an artwork will prevent the city from approving subsequent disposal (removal, relocation, and/or appropriate sale) of such artwork if it serves the city's best interest to do so. When disposal is proposed, the committee will review the proposal and make a recommendation to the city council for final action. The city will deaccession and sell or otherwise dispose of artworks in its collection in accordance with the limitations of the California Preservation Act (Civil Code 987) and the Visual Rights Act of 1990 (17 USC 106A and 113(d)). §13.20.080 Public art fund. A. In -lieu fees for public art and maintenance endowments for public art will be placed in a public art fund as defined by Pleasanton Municipal Code 13.16.030. Use of such funds shall be used as described in Pleasanton Municipal Code 13.16.040. B. No more than 10% of public art funds collected from in -lieu fees shall be used for the administration of the public art program. C. The Commission or Subcommittee will recommend to the city council how the Public Art Fund should be expended.