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The Construction Plans shall be based upon the approved Development Plan and will not materially deviate therefrom without the express written consent of the Agency. It is understood that Developer shall install new sidewalks and street trees as required by the City of San Leandro, and that these constitute part of the Improvements. For the purposes of this Agreement, a material change or deviation in the Construction Plans shall mean any increase or decrease of five percent (5%) or greater in the number of square feet of the Improvements, or a change in the location of the building from that shown in the Development Plan. At the time Developer submits its Construction Plans to the Agency, it shall apply to the City of San Leandro for, diligently pursue and obtain all further permits necessary for the construction of the Improvements, including subdivision map approval. Developer acknowledges that execution of this Agreement by the Agency does not constitute approval by the City of San Leandro, does not limit in any manner the discretion of the City of San Leandro in the approval process, and does not relieve Developer from the obligation to obtain all necessary permits, including building permits. Developer shall promptly pay when due all customary and reasonable fees and charges of the City of San Leandro in connection with the processing and consideration of the City permits and approvals contemplated by this section. 3.02 Construction Pursuant to Plans and Funded by Developer. Developer will begin construction of all work for which City permits are obtained within sixty (60) days of date of issuance of said permit. Unless modified by Section 3.03 of this Part, all works of construction and development on Property shall be done substantially in accordance with the Construction Plans approved pursuant to Section 3.01 above. Developer shall pay all costs of construction of the Improvements. Developer shall place a construction sign, of size and design approved by the Agency, on the premises in a location visible from Davis Street, with information about the project, contact information for the contractor, the City logo, and the phrase "In Cooperation with the City of San Leandro Redevelopment Agency". The sign shall remain visible and in good condition on the site throughout the construction period. 3.03 Change in Construction Plans. If the Developer desires to make any material change in the Construction Plans, the Developer shall submit the proposed change to the Agency for its approval which approval shall not be unreasonably withheld. If the Construction Plans, as modified by any proposed change, conform to the requirements of this Agreement, the Agency shall approve the change by notifying the Developer in writing. Unless said proposed change is rejected by the Agency within fifteen (15) days, it shall be deemed approved. If rejected within such time period, the previously approved Construction Plans shall continue to remain in full force and effect. Any change in the Construction Plans required in order to comply with applicable codes shall be deemed approved, so long as such changes do not substantially nor materially change the architecture, design or other amenities of the Improvements as shown on the latest approved Construction Plans.