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27 <br /> <br />Developer Hotel Element (Parcel J) and the shared Park Element parking lot located to the west <br />of the Developer Hotel Element (Parcel J) and the Developer Restaurant Element (Parcel K), in <br />accordance with the Scope of Development and Exhibit R. Such roadway improvements shall <br />include, but are not limited to, sidewalks, new pavement, striping, new signage, landscaping, <br />irrigation, new and/or modified utilities, undergrounding of overhead utilities, lighting, and <br />pedestrian amenities, subject to final review and approval by the City Engineering and <br />Transportation Director. A credit against the applicable Park Facilities Development Impact Fee, <br />in an amount equal to half (50%) of the cost of any required improvements to portions of <br />Mulford Point Road and the shared Park Element parking lot, located west of Parcels J and K, <br />shall be provided by the City. <br />1.4.12. Construction Phasing. Developer’s construction of the Project and City’s <br />design and construction of the Park Element and Harbor Element shall be performed in <br />compliance with the Schedule of Performance, attached hereto as Exhibit J and incorporated <br />herein by reference. Except as otherwise provided in the Schedule of Performance, construction <br />of the Project shall occur in a continuous rolling phase. The Single-Family Element housing may <br />be developed in multiple phases subject to market conditions, subject to the requirements of the <br />Schedule of Performance. <br />1.4.13. Public Art. Developer shall finance and place public art at appropriate <br />locations on the Property. <br />a. The amount to be used to fund the public art shall be calculated as <br />one percent (1%) of the permit valuation for the Project (the “Public Art Fund”). <br />b. Eligible expenses for the Public Art Fund include: art and artist <br />selection process, site preparation, design, acquisition and/or construction of the art works. <br />c. City is responsible for maintenance of all public art located on the <br />Property. City may provide for the costs thereof to be payable by a community facilities district <br />or another entity designated by the City. The location of the Public Art on the Property shall be <br />mutually agreed to by the City and Developer. <br />d. In lieu of funding on-site public art, Developer may fulfill all or a <br />portion of its requirements under this Section by making a payment calculated as one percent <br />(1%) of the total construction budget to the City, to be deposited into a public art fund managed <br />by the City, which shall be used exclusively for eligible expenses for art on the Property <br />consistent with the expenses set forth in paragraphs (b) and (c) above. <br />1.4.14. Landscaping. For all Elements of the Project which the Developer leases <br />or owns, including the Single Family Element, Developer Hotel Element, Multifamily Element, <br />Developer Restaurant Element, and Market Element, Developer shall construct and maintain <br />landscaping in conformity with Article 19, Landscape Requirements, of the San Leandro Zoning <br />Code. City has the right to review and approve the landscaping plan prior to construction. <br />1.4.15. Maintenance of Park Element. The Developer shall have no responsibility <br />to maintain landscaping in the Park Element.