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• <br /> 1. Deletion of Condition#2 to the Agreement to requiring the subject property to <br /> be developed as professional office uses and uses pertaining to or characteristic <br /> of non-mercantile uses. <br /> 2. Insertion of the following condition in the Agreement: The subject property <br /> shall be developed with a thirteen (13) unit apartment building in accordance <br /> with the approved site plan. <br /> II. That the Agreement is further amended by the addition of the following conditions: <br /> 1. The owner must comply with all the conditions of the Mitigated Determination <br /> of Non-Significance (SEPA#24-95); September 27, 1995. <br /> 2. Pursuant to Section 37 of the City's Zoning Code, mitigation shall be provided at <br /> a 1:1 replacement ratio for the proposed filling of a 6,500 square foot Class III <br /> wetland. This mitigation is part of the development proposal for the subject <br /> property. As an alternative to this requirement, a contract may be entered into <br /> with the City to provide improvements to Rotary Park (contract is attached as <br /> Exhibit A). The contract for improvements to Rotary Park should include <br /> improvements to the proposed entrance and parking lot area of the Rotary Park, <br /> including clearing and grubbing, erosion control, geotech style installation, <br /> subgrade preparations, and placement and compaction of a gravel base. <br /> 3. In consideration of the City providing the Owner with 6,500 square feet of <br /> wetland mitigation credit for purposes of meeting the Owner's wetland <br /> mitigation requirements per SEPA#24-95, Owner must legally execute the <br /> contract with the City and comply with all conditions and requirements of said <br /> contract. A copy of the executed contract must be provided to the Planning <br /> Department for review and approval prior to the issuance of any grading or <br /> building permits. <br /> 4. The proposed project must comply with all the requirements of the Agreement <br /> and Ordinance #790-81 and all the codes, ordinances, and regulations in effect at <br /> the time of application. <br /> 5. The Owner must submit a detailed landscaping plan to the Planning Department <br /> for review and approval prior to the issuance of any grading or building permits. <br /> 6. The Owner shall construct a fence on the boundary between the subject property <br /> and the property owned by witness Leder, which property is described as <br /> follows: 105 Dorn Avenue. <br /> 7. The Owner shall develop the site in a manner consistent with the site plan as <br /> admitted as Exhibit #3 at the public hearing, a copy of which is attached hereto <br /> and incorporated herein by reference.. Parking, landscaping, setbacks, and other <br /> elements of the development as set forth in the site plan must be satisfied. <br />