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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 installedprior to final approval for occupancy or the issuance of a Certificate of Occupancy for the Project. 55394.00002\31553187.13 #21124v3 (b) Santiago Park Improvement Construction. OWNER shall, prior to issuance of the first building permit, pay to CITY $700,000.00 to construct the Santiago Park Phase lI Park Improvements ("Park Improvements"). The Park Improvements shall include, but are not bruited to design, engineering, permitting, construction, and installation of irrigation, landscaping, security lighting and bike trail etdiancement, as described in more detail on Exhibit "G". (c) Park Santiago Neighborhood Benefits. OWNER shall provide the following, which shall also be included in the Property Maintenance Agreement which must be recorded against the Property. The execution. and recordation of the Property Maintenance Agreement shall be a condition precedent to the issuance of final approval for any construction permit. (1) Limited access to onsite amenities in a manner to be determined by OWNER as reasonably acceptable to Planning and Building Agency Executive Director, (2) Security patrol in the residential neighborhood and Santiago Park Patrol area: Project, Park Santiago and Park Santiago area as depicted on attached Exhibit "II" b. Type of patrol: Periodic roving security twenty-four (24) hours a day, seven days per week. Term: 55 years subject to annual review during which review it may be determined that such tern shall end earlier. (3) This section and these benefits shall survive expiration of the Term of this Agreement. (d) Park Santiago Public Improvements and Traffic Calming. Subject to the approval by the Executive Director of Public Works Agency and the Ordinance NS-2979 Page 25 of 59