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intervals . Irrigation systems must be provided <br /> in all landscaped areas per Section 35 . 130 of <br /> the Zoning Code. A 2-year maintenance assurance <br /> device must be provided for the landscaping per <br /> Section 35 .130B of the Zoning Code. <br /> 4 . Section C_of the Agreement entitled "IIeight" is <br /> hereby deleted and the following inserted in its <br /> place: <br /> Section C. Height: Apartment # 2 shall be a maximum <br /> allowable height of 35 feet above base elevation as <br /> per the Zoning Code and Apartment # 1 must develop <br /> according to the approved variance for the site. <br /> 5. Section D of the Agreement entitled "cpthark" is <br /> hereby deleted and the following inserted in its <br /> place: <br /> Section D. Setback: That all condominium units be <br /> setback a minimum of 40 feet from the subject <br /> property's west property line. <br /> 6. Section E of the Agreement entitled "Fencing" is <br /> hereby deleted and the following inserted in its <br /> place: <br /> Section E. Fencing: The applicant shall provide a <br /> site obscuring cedar fence around the entire <br /> perimeter of the developed portion of the subject <br /> property in conformance with zoning code <br /> requirements. <br /> 7 . Subsection I . ( 20 ) of the Agreement related to <br /> construction of a brick fence is hereby deleted. <br /> 8 . Subsection I . (11 ) of the Agreement related to fire <br /> hydrants is hereby deleted and the following inserted <br /> in its place: <br /> jl Fire hydrants are to be located to serve the <br /> condominium apartments and homes to the satisfaction <br /> of the Everett Fire Department. <br /> 9 . Section J of the Agreement entitled "Cnngrpgatp Carp <br /> Facility Limitations" is hereby deleted and the <br /> following inserted in its place: <br /> Housing for Older Pprscns Limitations: The Federal <br /> Fair Housing Legislation definition of "housing for <br /> older persons" shall be used to determine whether <br /> this housing fits in this category; i .e. at least 80 <br /> percent of the units must be occupied by at least one <br /> person 55 years of age or older. <br /> II . That all provisions of the Concomitant Agreement other <br /> than those which are modified by Section I of this <br /> 1 agreement shall remain in full force and effect. <br /> 3 <br /> li <br />