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consult with each of the residential property owners at the following addresses, during the site work phase of construction of the Developer Improvements: 898 San Leandro Blvd. 905 and 906 Pershing Drive 299 California Ave. 390 and 396 Toler Ave. 464, 458, 450, 442, 434, 400, 396, 386 and 378 Arroyo Ave. Parcel 75- 164 -25. • As the "Condominium Benefiting Improvements," the Developer agrees during construction of the Developer Improvements to plant two 24" box trees, or the monetary equivalent thereof, per 50 feet of linear frontage of single family residential property bordering the creek opposite the project. At 906 Pershing Drive, Developer specifically agrees to plant fifteen (15) 15- gallon trees or shrubs, and ten (10) 5- gallon shrubs (the foregoing constituting the "Condominium Benefiting Improvements "). Within the foregoing parameters, the species and location of the trees shall be at the property owners' discretion, provided that the size and species of the trees are compatible with and appropriate to the natural creek environment, as determined by Agency staff. The watering and maintenance of any and all trees and shrubs planted on residential property shall be the responsibility of the single family property owner after the maintenance clause of the landscape contractor has expired. 4.04 Change in Construction Plans. If the Developer desires to make any change in the Construction Plans which alters the exterior appearance or exterior building materials, the Developer shall submit the proposed change to the Agency for its approval. If not so approved, the proposed change shall be deemed disapproved and the previously approved Construction Plans shall continue to control. Any proposed change will be approved or disapproved within fifteen (15) days of submittal; provided that the failure to approve shall be deemed to constitute a disapproval. 4.05 Time for Construction and Completion of the Developer Improvements. The Developer shall commence construction of the Developer Improvements within thirty (30) days after the Agency Conveyance, but in no event later than sixty (60) days after the Outside Date. Upon commencement of construction, the Developer shall diligently prosecute construction to completion. The Developer shall accomplish the completion of the Developer Improvements on or before January 29, 2002. 4.06 Operating Covenants. The Developer, for itself, its successors and assigns, hereby covenants and agrees diligently to perform in accordance with the following provisions ("Operating Covenants"): (a) Developer shall obtain and maintain property insurance on the improvements to the extent of the full replacement value of the property. 20 000500746041 v4\24258.0002