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r <br />7. <br />approval to confirm their conformity with the approved sample colors, types and qualities <br />documented by reference in Exhibit __. <br />Construction of all buildings shall be in conformance with the building codes and regulations <br />adopted by the City of Orono. Any substantial changes to the gross square footage, <br />footprint/wall/roof dimensions or defined building heights shall require a prior amendment <br />to this Agreement. ‘.ISiibsiantial chanees" shall include m an inerpneo hi gmyy squnrf> <br />footage or footprint/wall/roof dimensions ofaimy unit so as to require a replatiine to keep thp <br />unit within its ownership Lot: (2) any increase in buildine height for rnmhler townhnmP unit, <br />QrnvQ-stQry (Qwnhome units that would result in the need for a variance to the xtnnHnrH m <br />b sight limit; pr (3) g gne fQQt or £reate r increase in height of the loft huildhw nhnvp thr <br />defined heieht approved per Resolution No. 4915. <br />The separation distances between townhome buildings shall be a minimum of 15* except <br />where specifically shown as less than 15' on the approved General Development Plan. <br />Within each Phase of development, if any changes to plans result in building separations less <br />than 15, such plans shall be subject to prior review and approval by the City Council. <br />landscaping, The approved landscaping plan attached to this Agreement as Exhibit <br />shall be strictly adhered to, with the following conditions: <br />The berm along the Public Works site east boundar>- may be extended rtrmronf as <br />shown on Sheet to assist in establishing a buffer to the Lofis; however, any^ _ ----------------* w ^ W* I <br />buffer walls, plantings or other improvements shall be located on the Lofts site as <br />shown in the approved General Development Plan. The Developer shall take <br />extraordinary efforts to minimize impacts on existing vegetation and enhance <br />screening and buffering in the area northwest of the Lofts west building. <br />Final landscaping plans shall be subject to the recommendations of Wallace Case as <br />enumerated in his letter dated 11/6/02 as revised or amended per the Memorandum <br />by Tom Kirby dated January 17,2003. The pertinent Homeowners Association(s) <br />shall be responsible for permanent maintenance of landscaping per the Landscaping <br />provisions of the RPUD District. <br />Prior to commencement of each Phase of development. Developer shall provide <br />Landscaping Performance Security for the landscaping associated with that Phase <br />in the form of a Letter of Credit in an amount equal to one and one-half times the <br />value of such landscaping improvements as determined by the City. The letter of <br />credit shall provide for reimbursement to the City of all expenses incurred by the City <br />Page 4 of 18 <br />Developer Initial <br />City Clerk Initial <br />I <br />THinlTiUmifi