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DRAFT (b) duplicate any exactions, project design features, conditions of approval, agreements, or mitigation measures contained in the Development Plan for this First Amendment. 5.2 Development, Construction and Completion of Work of Public Art and Other Consideration. In consideration for the extraordinary and significant benefits to the City set forth in this Section 5, the Owner has been legally vested under paragraph 5.1 with regard to the permitted uses of land, density, and intensity of use, Owner shall comply with the provisions of Section 5 of the First Amendment with respect to the Sky Lofts Project. 5.2.1. Schedule For Work of Public Art. Owner shall design, construct and maintain a work of public art only if it does not Commence Construction of the Sky Lofts Project during the Initial term and instead requests and 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 Triggering 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 Sky 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 may be 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 may be 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. 75A-82