2 -EIR18-01; DA18-01; GPA18-10_2525 N MAIN

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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. Accordingly, the parties intend to provide consideration to the public to balance the private benefits conferred on OWNER by providing more fully for the satisfaction of the public needs resulting from the Project. 4.2 Public Benefits. In addition to complying with the Project conditions of approval, OWNER has committed by this Agreement to contribute to the acquisition, construction and maintenance of certain "Public Benefits." The Public Benefits consist of contributions toward the certain endowments and funds outlined in Subsection 4.2 below and CITY shall have no obligation to construct the public facilities in any particular order or sequence. 4.2.1 CITY Facilities. OWNER shall make contributions 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. The estimated value of the total construction cost for this project is $XXXX. OWNER shall prepare and submit to the City, prior to no later than one hundred eighty (180) days before 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 issuance of a Certificate of Occupancy for the Project. (b) Santiago Park Maintenance & Improvement Contribution. OWNER shall provide a one-time contribution of $XXXX to the CITY for future Park maintenance. These Park maintenance funds shall be deposited with the CITY prior to issuance of a Certificate of Occupancy to the Project and is 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. These Park Improvements, other than the entry monuments, shall be completed by the CITY. (c) Park Santiago Neighborhood Benefits. OWNER has met with residents of Park Santiago and has agreed to provide the following amenities: (1) Access to onsite amenities in a manner to be determined by OWNER as reasonable acceptable to CITY. (2) Amazon locker location 2-132