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7. <br />approval to conflrm their conformity with the approved sample colors, types and qualities <br />documented by reference in Exhibit G: <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. “Substantial changes" shall include (1) an increase in gross square footage <br />or footprint/wall/roof dimensions of any unit so as to require a replatting to keep the unit <br />within its ownership Lot; (2) any increase in building height for rambler townhome units or <br />two-story townhome units that would result in the need for a variance to the standard 30' <br />height limit; or (3) a one foot or greater increase in height of the loA building above the 38' <br />defined height approved per Resolution No. 4915. <br />The separation distances between townhome buildings shall be a minimum of 15' except <br />where speciflcally 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 E <br />shall be strictly adhered to, with the following conditions: <br />a) The berm along the Public Works site east boundary may be extended as shown on <br />Sheet C2.3 to assist in establishing a buffer to the Lofts; however, any buffer walls, <br />plantings or other improvements shall be located on the Lofts site as shown in the <br />approved General Development Plan. The Developer shall take extraordinary efforts <br />to minimize impacts on existing vegetation and enhance screening and buffering in <br />the area northwest of the Lofts west building. <br />b) 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 Homeowners Association(s) shall be <br />responsible for permanent maintenance of landscaping per the Landscaping <br />provisions of the RPUD District. <br />c) 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 20 <br />Developer Initial, <br />City Clerk Initial,