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Landscape. <br />(i) Attached hereto as Exhibit D is the preliminary Landscape and Irrigation <br />Concept Plan for the Senior Project approved by the City. Prior to issuance of a <br />permanent Certificate of Occupancy for the Improvements, the Developer shall install a <br />landscape berm of a variable height between 18 inches and 24 inches high adjacent to any <br />parking areas located on the Subject Property which are contiguous with Lake Ann Lane. <br />(ii) Following completion of construction of the primary Improvement on the Subject <br />Property, Developer shall cause all landscaping installed on the Subject Property to be <br />maintained in a good condition and kept reasonably free of weeds and overgrowth. <br />f. Due to the density limitation on the Subject Property, the Senior Project is limited to 85 <br />"dwelling units" with independent cooking facilities. The Developer is also allowed to build an <br />additional 84 "suites" with "kitchenettes," rather than full kitchen facilities. The following terms as used <br />in this Agreement shall have the meanings set forth below: <br />(i) "dwelling unit," as defined in City Code means one room or rooms connected <br />together, constituting a separate, independent housekeeping establishment for owner <br />occupancy, or rental or lease on a weekly, monthly or longer basis, and physically <br />separated from any other rooms or dwelling units which may be in the same structure, <br />and containing independent cooking, sleeping, and toilet facilities. <br />(ii) "suite" means a room or rooms connected together, constituting a separate <br />housekeeping establishment, for owner occupancy, or rental or lease on a weekly, <br />monthly or longer basis, and physically separated from any other rooms or dwelling units <br />which may be in the same structure, but that is not designed for fully independent living, <br />and that does not have a full kitchen, but rather has a kitchenette within the room(s), or <br />has a full service dining room on the premises from which residents obtain their meals. <br />(iii) "kitchenette" means an alcove or portion of a residential unit containing any <br />combination of microwave oven, sink and/or refrigerator intended for limited food <br />preparation. <br />6. Site Plan Approval and Approval of the Conditional Use. By approving the terms and conditions <br />of this Agreement, the City hereby approves: <br />a. The Preliminary Site Plan submitted by Developer under SPR 14-07 (the "Approved Site <br />Plan") dated NnuPmher 1 2 , 2014 and prepared by Dave Schmitt Engineering, Inc.; and <br />b. The requested approval under CU -14-12 for the development of the Subject Property as a <br />Senior Project providing for a nursing home conditional use set forth therein, pursuant to which the <br />Subject Property may be developed and operated as an independent and assisted living facility (including <br />memory care). <br />7. Approval of Requests for Flexibility. Upon the Developer's submission of a written request to the <br />Administrative Official, the Administrative Official, acting alone (and without the requirement to seek <br />additional City Commission approval), may approve requests from the Developer during the engineering <br />and final design phases of the Senior Project to accomplish the following: <br />a. Relocate proposed impervious surface areas and/or add to the impervious surface areas <br />Developer's Agreement <br />The Allegro at Casselberry, L.L.C. <br />DA - <br />Page 3 of 10 <br />