RDA Agmt 2001 Lavery California Dealership Properties No. 1 LLC

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4.02 Construction Pursuant to Plans. Unless modified by operation of Section 4.03 of this Part, all works of construction and development on the Property shall be done substantially in accordance with the Construction Plans approved pursuant to Section 1.03 above. 4.03 Change in Construction Plans. If the Developer desires to make any changes to the Construction Plans that materially deviate from the Development Plan, the Developer shall submit the proposed change to the Agency for its approval, which approval shall not be unreasonably withheld or delayed. 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 in writing by the Agency within fifteen (15) days, it shall be deemed approved. If rejected in writing 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, function, use, or other amenities of the Improvements as shown on the latest approved Construction Plans. 4.04 Construction Plans Must Be Approved. Notwithstanding any other provision of this Part, the Developer shall not commence any construction of the Improvements until it has first received the written approval by the Agency of the Construction Plans as provided in Sections 1.03 and 4.02 of this Part. Any breach of this Section shall afford the Agency its rights under Section 6.04 of this Part after notice and expiration of cure periods set forth in Section 6.04. 4.05 Building Permit. At the time the Developer obtains approval of the Construction Plans for the Improvements to the Agency it shall also apply for, diligently pursue, and obtain issuance of a building permit from the City allowing the construction of the Improvements called for in the Development Plan. The City will make a good faith effort to approve construction plans and issue a building permit within 45 days of submission, however, failure to issue such permit during this time limitation shall not be deemed a breach of this Agreement. Disposition and Development Page 12 of 32 Agreement (Lavery California Dealership Properties No. 1 LLC)