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4.2.1 CITY Facilities. OWNER shall provide the following benefits towards the <br />acquisition, construction and maintenance of the CITY Facilities, as follows: <br />(a) Public Art. OWNER shall create, install, and maintain a public art project <br />with a value equivalent to one-half of one percent (0.5%) of the total <br />construction cost of the Project. Total construction cost shall mean all <br />design, engineering and construction costs. OWNER shall prepare and <br />submit to the CITY, no later than one hundred eighty (180) days before <br />final approval for occupancy or the issuance of a certificate of occupancy, <br />a public art plan that is consistent with Chapter 15 of the Citywide Design <br />Guidelines, Public Art Guidelines. The approved art shall be installed prior <br />to final approval for occupancy or the issuance of a Certificate of <br />Occupancy for the Project. <br />(b) Santiago Park Improvement Construction. OWNER shall, prior to <br />issuance of the first building permit, pay to CITY $700,000.00 to <br />construct the Santiago Park Phase 11 Park Improvements ("Park <br />Improvements"). The Park Improvements shall include, but are not <br />limited to design, engineering, permitting, construction, and installation <br />of irrigation, landscaping, security lighting and bike trail enhancement, <br />as described in more detail on Exhibit "G". <br />(c) Park Santiago Neighborhood Benefits. OWNER shall provide the <br />following, which shall also be included in the Property Maintenance <br />Agreement which must be recorded against the Property. The execution <br />and recordation of the Property Maintenance Agreement shall be a <br />condition precedent to the issuance of final approval for any construction <br />permit. <br />(1) Limited access to onsite amenities in a manner to be determined <br />by OWNER as reasonably acceptable to Planning and Building <br />Agency Executive Director. <br />(2) Security patrol in the residential neighborhood and Santiago Park <br />a. Patrol area: Project, Park Santiago and Park Santiago area <br />as depicted on attached Exhibit "IT' <br />b. Type of patrol: Periodic roving security twenty-four (24) <br />hours a day, seven days per week. <br />C. Term: 55 years subject to annual review during which <br />review it may be determined that such term shall end <br />earlier. <br />(3) This section and these benefits shall survive expiration of <br />the Term of this Agreement. <br />(d) Park Santiago Public Improvements and Traffic Calming. Subject to the <br />approval by the Executive Director of Public Works Agency and the <br />55394.00002\31553187.13 <br />#21124v3 <br />11 A-30 <br />