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7. LandscapiiiK. The approved landscaping plan attached to this Agreement as Exhibit E <br />shall be strictly adhered to, with the following conditions: <br />a) The beiiTi along the Public Works site cast boundary may be extended as siiown <br />on Sheet C2.3 to assist in establishing a buffer to the Lofts; however, any buffer <br />walls, plantings or otiier improvcinents shall be located on the Lofts site as show*i <br />in the approved General Development Plan. The Developer shall take <br />extraordinary efforts to inininiize impacts on existing vegetation and enhance <br />screening and buffering in the area northv/est of the Lofts west building. <br />b) Final landscaping plans shall be subject to the recommendations of Wallace Case <br />as enumerated in his letter dated 11/6/02 as revised or amended per the <br />Memorandum by Tom Kirb^ dated January 17, 2003. d*hc Homeowners <br />Association(s) shall be responsible for permanent maintenance of landscaping per <br />the Landscaping provisions of the RI*UD District. <br />c) Prior to commencement of each Phase of development, Developer hi. .11 provide <br />Landscaping Performance Security fer the land.scaping associated with that <br />Phase in the form of a Letter of Credit in an amount equal to one and one-half <br />times the value of such landscaping improvements as determined by the City. <br />I'hc letter of credit shall provide for reimbursement :o the City of all expense, <br />incuned by the City for engineering, legal, contracting or other fees in comiection <br />with making or completing such improvements should the Developer fail to <br />complete them. In the event that construction of the project is not completed <br />within the time prescribed by building pennits and other approvals, the city may, <br />at its option, complete the work required at the expense of the Developer and the <br />surety. The Letter of Credit .shall be provided prior to th** issuance of any <br />residential building permits and sh».il be valid for a period of time equal to two (2) <br />hill growing sCi.sons after the dale of installation of the landscaping. <br />The City may allow an extended period cf time for completion of all lancKscaping <br />if the delay is due to conditions which are reasonably beyond the control of the <br />developer. Extensions which may not exceed nine iiioiuus, may be granted due to <br />seasonal or weather conditions. When an cxtciusion is granted, the city shall <br />require such additional security as it deems appropriate. <br />8- LiKhting. Site lighting shall adhere to the approved lighting plan attached to this <br />agreement as Exhibit II. Street lighting along Kelley Parkway adjacent to the property <br />.shall be provided by the Developer and shall be of a style, number, height and location <br />approved by the City Council. Public street lighting along Kelley Parkway shill be <br />installed and maintained by the utility company through a standard agieernenl be ween <br />the City and the appropriate public utility corunariy. Interior private street lighting .shall <br />be at a low level consistent with the sunounding rural residential cliaracler while <br />providing the necessary level of security. Such lighting shall be of a .style, iminbcr, <br />hciglit and location approved by the City Council. Interior street lighting shall be <br />maintained by *he homeowners association. <br />Page 4 of 19 <br />Developer Initial <br />City Clerk Liitia?