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_ . -- i <br /> . ; , <br /> . �; <br /> . . � <br /> �i . . <br /> �, <br /> �i <br /> ; <br /> � <br /> IL. A two year guarantee is required for any private <br /> i retenticn/detention or other drainage treatment/abatementi <br /> facil�ties serving areas larger tl�an aone acre. <br /> i <br /> il M. k fill permit will be necessary for all excess matertal removed <br /> ' from this sub,ject property to allow that material to be placed on <br /> �', another site. � ' � <br /> 1 4. Undergrounding of Utilities: That all utility services shall be <br /> I underground. ; <br /> , <br /> �I 5. Lighting: That the Owner shall provide landscaping and ` fencing� <br /> ad,jacent to parking lot to s:�ield car headlight glare from ad3acent <br /> �� propertiea and streets. In aadition, all exterior lighting should be <br /> direeted onto the subjeet property. , , <br /> I� <br /> I ' <br /> I 6. Congregate Car� Facility Limitations: <br /> Ip, pge Li�ait: That the entry age for residency in the congregate <br /> Icare facility be a minimum of 60 years of age with the exception <br /> � that younger spouses will be permitted in the Facility. � <br /> il . <br /> i <br /> I� g. Meal Arrangements: That the fee structure for the congregatei <br /> �I care facility reflect one meal per day in the common dining roam. <br /> � C. Indoor Recreational Facilities: That the indoor recreationall <br /> ; facilities be limited Co use by residents of the congregate care I <br /> facility. <br /> D. Central Services: That the central services facilities including <br /> the dining room be used by tenants or their guests and not be <br /> open to the general public. <br /> , �. Legal Raquirements: <br /> � <br /> i p. The Or+ners, and their successors, tenants and assi�s, shall � <br /> comply Nith all City� State� and Federal laws and regulatians <br /> applicable to the development� sale and maintenance of the � <br /> sub,ject property� and nothing herein shall be construed as <br /> superseding said laws and regulations. <br /> 8. Changes During Construction: <br /> A. The Owners agree that all layout, development, and maintenance � <br /> shall be per this Agreement and the approved site plan. However� <br /> should any Owner desire to make any changes during construction � <br /> in the approved site plan or terms of this Agreement� said Ownerl <br /> I shall bring this to the immediate attention of the City's � <br /> Planning Director or City Engineer. If, after revieNing a ; <br /> II detailed site plan� the Planning Director or City Engineer � <br /> determine that Lhe change proposad is not substanti�l, (meaning a <br /> maximum change of 10� of the total pro,fect or less) � the Planning � <br /> I Director or City Cngineer may authorize the change. Nowever, ifi <br /> in the opinion of the Planning Director or City Engineer the ! <br /> requested change is a substantial ohan6e, the OWner shall be � <br /> Ij required to go to the Hearing Examiner to seek authorization for , <br /> the proposed change. The Planning Director's or City Engineer's � <br /> � ruling may be appealed to the Ijearing Examiner. In any event, <br /> i anytime a change results in a substantial change to the terms or ) <br /> il requirements of this Agreement, this A�reement must be �imended by <br /> I Written amendments hereto duly executed by the Ouner and thei <br /> iCity's Mayor. ' i <br /> i -3- I <br /> .li I <br /> ;I � <br />