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L. A two year guarantee is required for any private <br /> retention/detention or other drainage treatment/abatement <br /> facilities serving areas larger than aone acre. <br /> M. A fill permit will be necessary for all excess material removed <br /> from this subject property to allow that material to be placed on <br /> another site. <br /> 4. Undergrounding of Utilities: That all utility services shall be <br /> underground. <br /> 5. Lighting: That the Owner shall provide landscaping and fencing <br /> adjacent to parking lot to shield car headlight glare from adjacent <br /> properties and streets. In addition, all exterior lighting should be <br /> directed onto the subject property. <br /> 6. Congregate Care Facility Limitations: <br /> A. Age Limit: That the entry age for residency in the congregate <br /> care facility be a minimum of 60 years of age with the exception <br /> that younger spouses will be permitted in the facility. <br /> B. Meal Arrangements: That the fee structure for the congregate <br /> care facility reflect one meal per day in the common dining room. <br /> C. Indoor Recreational Facilities: That the indoor recreational <br /> facilities be limited to use by residents of the congregate care <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 /> 7. Legal Requirements: <br /> A. The Owners, and their successors, tenants and assigns, shall <br /> comply with all City, State, and Federal laws and regulations <br /> applicable to the development, sale and maintenance of the <br /> subject 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 Owner <br /> shall bring this to the immediate attention of the City's <br /> Planning Director or City Engineer. If, after reviewing a <br /> detailed site plan, the Planning Director or City Engineer <br /> determine that the change proposed is not substantial, (meaning a <br /> maximum change of 10% of the total project or less), the Planning <br /> Director or City Engineer may authorize the change. However, if <br /> in the opinion of the Planning Director or City Engineer the <br /> requested change is a substantial change, the Owner shall be <br /> 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 Hearing Examiner. In any event, <br /> anytime a change results in a substantial change to the terms or <br /> requirements of this Agreement, this Agreement must be amended by <br /> written amendments hereto duly executed by the Owner and the <br /> City's Mayor. <br /> -3- <br />