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