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5. <br />6. <br />7. <br />and used by the ovmer of Lot 1 as part of the landscape <br />and garden business on Lot !• <br />For special assessment purposes relating to the <br />construction of a road improvement on Outlot C, the <br />Developer agrees that benefit to Lot 1 from the road will <br />not take into account the presence of the existing Willow <br />Drive access; the City agrees that the construction of the <br />road on Outlot C will not require the Willow Drive access <br />be closed. <br />The present access from Highway 12 to Lots 1 and 2 is <br />approved as part of the PUD for ingress only. In its sole <br />discretion the Orono city council by a three member vote <br />may approve the right of egress but only upon the request <br />of the owner of Lot 1. <br />If Lot 2 ceases to be owned and used by the owner of Lot <br />1 in conjunction with the use of I^t 1 or is developed <br />independently, then Lot 2 shall be obligated to develop <br />access via Outlot C unless the City in its sole discretion <br />determines that alternative access is adequate. <br />Bunding nesian and Construction: The improvements on <br />said Lot 1 shall be constructed according to the plans on <br />file with the City of Orono. The building plans show a <br />main building with a partial second floor and an <br />accessory building, and production greenhouses, all on <br />said Lot 1. The exterior of the building shall be of a <br />combination of tan and dark brown concrete blocks with <br />split-face stone finish with trim of dark brown and green <br />to match anodized aluminum with clear glazing used through <br />area where plant materials are maintained. All accessory <br />structures shall be of the same exterior finish and <br />exterior colors as shown on elevation plans attached to <br />this agreement. <br />To the extent Developer builds structures on Lot 2 for use <br />in conjunction with his business on Lot I, such structures <br />on Lot 2 shall be constructed of the same materials and of <br />the same quality as those on Lot 1. <br />Height; The portions of the flat roof are at a height of <br />30' or less. The two story portion of the building with <br />the gabled roof is 32'6" to the peak, 21'8* to the eave, <br />and 27' to the mid-point. The height of this building to <br />the peak not to exceed 32'O'' is permitted pursuant to this <br />PUD Agreement. <br />Signs; The signs and signage in said Lot 1 shall conform <br />to the Sign Plans (4 pages) dated April 5, 1990 on file <br />with the City and are permitted pursuant to this PUD <br />Agreement. In consideration of the fact that the said <br />sign plans permit Developer's pylon sign to be closer to <br />Page 3 of 6 <br />Initials of Developer <br />Initials of City ClerJ^^ir