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3 <br /> 5.2 Conditions Precedent to Commencement of Construction. Before <br /> commencing construction on the Property, Developer shall be in material compliance <br /> with this Covenant, including, without limitation, obtaining all necessary permits to <br /> commence construction. <br /> 5.3 Not Used. <br /> 5.4 Approval Process for Changes to Approved Plans and Specs. <br /> 5.4.1 Material Modification Definition. As used in this Covenant, a <br /> "Material Modification"is any modification to the Approved Plans and Specs that would <br /> either (i) alters the exterior appearance of the Project as depicted in the"View of Entry" <br /> and "Birdseye View" for Everett Safe Street Supportive Housing prepared by <br /> Environmental Works dated November 22, 2017 or (ii) alters the locations of (x) <br /> buildings, (y) parking or (z) any above-ground Project improvements visible from the <br /> street or visible from properties adjacent to the Property). <br /> 5.4.2 Material Modification Request. The Developer shall not make any <br /> Material Modification to the Approved Plans and Specs without the prior written approval <br /> of the City. In order to request approval for a Material Modification,the Developer must <br /> submit a written notice to the City that is clearly marked"Material Modification Request <br /> under Section 5.4 of the Project Construction Covenant' (the "Material Modification <br /> Request"). The Material Modification Request must expressly state the requested <br /> Material Modification and must include such information as may be reasonably required <br /> by the City. <br /> 5.4.3 Approval of Material Modification Request. The City's approval <br /> of a Material Modification Request is at the City's sole discretion. No approval of a <br /> Material Modification Request by the City is effective unless signed by the City's Real <br /> Property Manager, except that the City shall be deemed to have approved a Material <br /> Modification Request unless City delivers a notice of disapproval containing reasons <br /> therefor in writing to Developer within fifteen (15) business days after delivery of the <br /> Material Modification Request. Developer shall,upon receipt of a notice of disapproval, <br /> modify the Material Modification Request, taking into account such objections, and <br /> promptly resubmit it to City for approval. Such process of submittal,review, comment <br /> and re-submittal by Developer shall continue until such time as the Material Modification <br /> Request has been approved by City or Developer determines to no longer seek approval. <br /> Upon approval of a Material Modification, such approved Material Modification will be <br /> deemed included in the Approved Plans and Specs. <br /> 7 <br /> 17 <br />