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The Developer shall grant to the City public road,drainage and utilities easements over the <br /> private road corridor including all surface parking areas,in order that future public use of the <br /> roadways is ensured in the event that a future connection to the west is established. <br /> Developer shall grant cross easements between Lots 1 and 2 to ensure full use of the internal <br /> private road system until such time that the City exercises its easement rights to convert all <br /> or a portion of the internal road system to a public road status. It is specifically agreed that <br /> the City is not obligated to maintain the private internal road system until such time that the <br /> City chooses to convert all or a portion of the internal road system to a public road, and <br /> construction of an access connection to a public road in Outlot D, Sugar Woods shall not <br /> automatically terminate the private road status of the internal road system. <br /> Access improvements that are the responsibility of the developer shall include establishment <br /> of the right-in/right-out access curbing for the southerly access.Any turn-lane or acceleration <br /> lane improvements or re-striping that may be required by MnDOT for that access shall be the <br /> responsibility of the City. Other access improvements that will be the responsibility of the <br /> City shall include establishment of the semaphore and related improvements at the <br /> intersection of Brown Road North and Highway 12. <br /> 5. Building Design and Construction. The Senior Housing building on Lot 2 shall be <br /> constructed according to the plans on file with the City. The plans indicate a 2-3 story, 62- <br /> unit senior housing apartment building with parking on the basement level. The westerly 2/3 <br /> of the building is 3 stories in height,the easterly 1/3 is 2 stories in height. The building has <br /> a standard shingle hip roof system at an established pitch of 5:12 to minimize the impacts <br /> of building height. The exterior of the building shall be constructed from materials consistent <br /> with the approved plans attached as Exhibit D. Any accessory structures on Lot 2, if <br /> approved, shall be of the same exterior finish and colors as the senior housing apartment <br /> building. <br /> Construction of the building on Lot 2 shall be in conformance with the building codes and <br /> regulations adopted by the City of Orono. Any changes to the gross square footage, <br /> footprint/wall/roof dimensions, defined building height or number of dwelling units shall <br /> require a prior amendment to this Agreement. <br /> Page 4 of 17 <br />