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<br /> 7 <br /> <br /> <br />installation in Phase 1 or Phase 2 with the approval of the Community Development Director. <br />Any costs in excess of 1% of the construction costs of Phase1 and/or Phase 2 shall be considered <br />a credit against the Public Art fund for subsequent phases. <br />b. Developer must provide an attractive, prominent and visible <br />freestanding art object, such as a large sculpture or fountain in each phase. Eligible expenses for <br />the Public Art Fund include: art and artist selection process, site preparation, design, acquisition <br />and/or construction of the art works. Developer shall have sole discretion in selection of the <br />artist(s), the art piece or pieces, and the location of the art. Certain landscaping features, if <br />appropriately designed and in consultation with an appropriate artist, may also be considered art <br />under these provisions, including but not limited to water features, open space seating, Activity <br />Area amenities, lighting and special paving installations. <br />c. Developer is responsible for maintenance of all public art located <br />on the Property. <br />d. In lieu of funding on-site public art, Developer may fulfill all or a <br />portion of its requirements under this Section 1.4.7 by making a payment calculated as one-half <br />of one percent (0.5%) of the total construction budget to the City, to be deposited into a public <br />art fund managed by the City, which will be used exclusively for eligible expenses consistent <br />with the expenses set forth in Section 1.4.7(b) above. <br />1.4.10. Landscaping. Each phase of construction includes Developer’s <br />construction and maintenance of landscaping in conformity with Article 19, Landscape <br />Requirements, of the San Leandro Zoning Code. City has the right to review and approve the <br />landscaping plan prior to construction. <br />1.4.11. Maintenance. City and Developer will enter into a separate maintenance <br />agreement that will set forth the requirements of Developer to maintain the Property, including <br />but not limited to all landscaping, all buildings and the public art. <br />1.4.12. LEED Rating. Developer shall design each phase of improvements to <br />achieve a minimum Silver LEED rating for commercial and mixed-use space and, if applicable, <br />an equivalent Green Point Rating (from Build It Green) for residential space. <br />1.5. Downtown San Leandro Community Benefits District Following construction of <br />the Project, Developer shall support the Downtown San Leandro Community Benefits District. <br /> <br />