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the provisions of the Project Approval shall control. In the event of any inconsistency between any Existing Land Use Regulation, any Project Approval and this Agreement, the provisions of this Agreement shall control. 3.9 LEED Certification. OWNER shall design and construct the building to achieve not less than a Leadership in Energy and Environmental Design ("LEED") Silver Standard equivalent. OWNER shall focus design efforts to ensure the Project mects the enviromnental needs of the community, as well as, the Project, itself, maintains an eco -friendly design. It is anticipated the Project will include, but is not limited to, drought tolerant landscaping and irrigation systems, solar and EV systems, and reclaimed water. 4. PUBLIC BENEFITS. 4.1 Intent. The Parties acknowledge and agree that development of the Property will result in substantial public needs that will not be fully met by the Development Plan and further acknowledge and agree that this Agreement confers substantial private benefits on OWNER that should be balanced by commensurate public benefits. 4.2 Public Benefits. OWNER has committed by this Agreement to contribute to the acquisition, construction and maintenance of certain "Public Benefits" as provided below 4.2.1 CITY Facilities. OWNER shall provide the following benefits towards the acquisition, construction and maintenance of the CITY Facilities, as follows: (a) Public Art. OWNER shall create, install, and maintain a public art project with a value equivalent to one-half of one percent (0.5%) of the total construction cost of the Project. Total construction cost shall mean all design, engineering and construction costs. OWNER shall prepare and submit to the City, no later than one hundred eighty (180) days before final approval for occupancy or the issuance of a certificate of occupancy, a public art plan that is consistent with Chapter 15 of the Citywide Design Guidelines, Public Art Guidelines. The approved art shall be installed prior to final approval for occupancy or the issuance of a Certificate of Occupancy for the Project. (b) Santiago Park Maintenance & Improvement Contribution. Within One Hundred Eighty (180) days after the issuance of the fust building permit for the Project, OWNER shall either pay One Million Four Hundred Thousand Dollars ($1,400,000) to the City for the construction of the Park Improvements (Park Improvement Funds) or Owner shall be authorized by the City to construct the Park Improvements at Owner's sole cost and expense up to One Million Four Hundred Thousand Dollars ($1,400.000). OWNER shall pay to City prior to the issuance of the fust building permit for the Project, One Hundred Thousand Dollars ($100,000) for the maintenance of the neighborhood entry monuments The Park Improvement Funds are for the purpose of completing park improvements including, but not limited to, installation of irrigation, landscaping, security lighting and bike trail enhancements ("Park Improvements") as described in more detail on Exhibit G as well as providing for maintenance of neighborhood entry monuments. If OWNER constructs the Park Improvements, OWNER shall -13- 55394.0000201553187.10 75E-139