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is granted an extension as set forth in section 4.3(2) of this First Amendment. For purposes of this Section 5, "Commence Construction" means those actions (i. e., valid building permit issued by City and substantial, hard construction costs expended in good faith reliance thereon) that would create a vested right in Owner pursuant to Avco Community Developers, Inc. v. South Coast Reg'l Comm'n, 17 Cal. 3rd 785, 791 (1976), and its progeny. Facilities to Be Constructed Trig erin Event 1. Submit Final Design of Public Art. One year from the commencement of the Extended Final design must conform to Public Art Term, if applicable. Locational Plan. 2. Install Public Art. Prior to the City's issuance of Certificate of Use and Occupancy for any portion of the Slcy Lofts Project, or two and one-half (2 1/2) years from the commencement of the Extended Term, whichever comes first. With respect to the Final Design, Owner shall complete all construction and development, shall submit all plans, drawings, and other documents, and perform all of its obligations under this First Amendment within the times specified above. During periods of construction of the work of public art encompassed in the Public Art Locational Plan, Owner shall submit to the City a written report of the progress of the construction when and as reasonably requested by the City. The report shall be in such form and detail as maybe reasonably required by the City, and shall include a reasonable number of construction photographs (if requested) taken from the last report by Owner. Development scheduling or date or times of performance maybe subject to revision from time to time if first mutually agreed to in writing. Such revisions do not constitute amendments requiring further notice and public hearing. 5.2.2 Responsibility For Costs of Work Of Public Art. The City and Owner agree that Owner shall be responsible for all costs associated with the design, construction, maintenance and repair of the work of public art provided for in the Public Art Locational Plan. 5.3 Remaining Offsite Mitigation Measures. The parties acknowledge and agree that the sole remaining offsite mitigation measures which must be funded or constructed by Owner are as set forth in Exhibit D to this First Amendment. 5.4 Inclusionary Housing Fee. Owner shall pay to the City the sum of $3,000.00 per residential unit as a condition of issuance of each building permit which includes one or more residential units, or $1,059,000.00 for all residential units upon the issuance of the initial building permit, whichever is greater. This fee shall be used by the City to build new or substantially rehabilitate existing affordable housing in the City. 5.5 In-Lieu Park Fee. The Owner shall pay a fee of $7,841.00 per unit in lieu of its obligation established by section 34-204 et seq. of the Santa Ana Municipal Code; 75A-192