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and 4.02 of this Agreement. Any breach of this Section shall afford the Agency its <br />rights under Section 4.05 of this Agreement. <br />4.03 Additional Landscapes <br />Developer agrees to work with the residential properties that border the creek <br />opposite the project to plant trees to protect residential privacy. Developer's <br />landscape architect will consult with each of the residential property owners at the <br />following addresses, during the site work. phase of the construction: <br />898 San Leandro Blvd. <br />905 and 906 Pershing Drive <br />299 California Ave. <br />390 and 396 Toler Ave. <br />464, 458, 450, 442, 434, 400, 396, 386 and 378 Arroyo Ave. <br />Parcel 75-164-25. <br />Developer agrees to plant up to two 24" box trees, or the monetary equivalent <br />thereof, per 50 feet of linear frontage of single family residential property bordering <br />the creek opposite the project. At 906 Pershing Drive, Developer specifically agrees <br />to plant up to fifteen 15-gallon trees or shrubs, and up to ten 5-gallon shrubs. The <br />species and location of the trees shall be at the property owners' discretion, provided <br />that the size and species of the trees are compatible with and appropriate to the <br />natural creek environment, as determined by Agency staff. The watering and <br />maintenance of any and all trees and shrubs planted on residential property shall be <br />the responsibility of the single family property owner after the maintenance clause of <br />the landscape contractor has expired. <br />4.04 Change in Construction Plans <br />If the Developer desires to make any material change in the Construction Plans <br />-which alters the exterior appearance or exterior building materials, the Developer <br />shall submit the proposed change to the Agency for its approval. If not so approved, <br />the previously approved Construction Plans shall continue to control. Any proposed <br />material change shall be approved or disapproved within fifteen (15) days of <br />submittal. <br />Disposition and Development Page 20 <br />Agreement (Creekside Center) <br />7/23/97, 8/5/97, 8/11/97, 8/12/97 <br />