Reso 2022-086 2nd amendment to DDA

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18. Public Art. a) Developer shall place public art at appropriate locations on the Property. The actual cost of such public art shall be not less than one percent (1%) of the total permit valuation for the Project, in a minimum total cumulative amount of Two Million Dollars ($2,000,000). Eligible expenses for Public Art include: art and artist selection process, site preparation, design, acquisition and/or construction of the art works. The location of the Public Art on the Property shall be mutually agreed to by the City and Developer. In lieu of funding on -site public art, Developer may fulfill all or a portion of its requirements under this Section by making a payment calculated as one percent (1 %) of the total construction budget for the Project, payable for each Developer Project Element prior to issuance of the first building permit for Vertical Improvements for such Developer Project Element, to be deposited by City into a public art fund managed by the City (the "Public Art Fund"). The Public Art Fund shall be used by City exclusively for eligible expenses for art on the Property in conformance with Section 1.4.13 of the DDA. 19. Sustainability. a) Developer shall perform the mitigation measures adopted by the City with respect to the impacts of the Project, including those related to greenhouse gas emissions and traffic, and shall install the facilities and improvements necessary to perform such mitigation measures, as set forth in the mitigation measures in the FEIR, the MMRP adopted by the City, and any amendments thereto and subsequent requirements of CEQA, all in accordance with Section 1.4.16 of the DDA. In addition to the required mitigation measures and Building Code requirements, Developer shall obtain a Leadership in Energy and Environmental Design (LEED) Certified rating for Building Design and Construction from the U.S. Green Building Council (USGBC) for the Developer Hotel and Multifamily Elements. Outdoor landscaping on the Single Family Element shall also utilize tertiary treated recycled water (grey water) from the San Leandro Water Pollution Control Plant, subject to availability and final City approval. Developer shall install the facilities and improvements necessary to utilize such recycled water. The scope of and responsibility for such facilities and improvements shall be set forth in an approved Public Improvement Agreement. 20. Mitigation Monitoring and Reporting Program (MMRP). a) Developer shall be solely responsible for conducting and paying for all mitigation and reporting measures applicable to the Developer Project Elements that are identified in the MMRP in accordance with Section 1.8 of the DDA. 5118279.2 10