14-2678 Planned Unit Development Agreement with Allegro

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proposed to be located on the Subject Property, provided that in no event shall more than fifty percent (50%) of the square footage of the Subject Property be improved with impervious surfaces (the "Impervious Surface Limit"). Any such additional impervious surface areas or relocation of impervious surface areas shall maintain the requirements of the PRD Zoning Classification with regard to building set backs, landscape strips, and parking requirements. Any such additional impervious surface areas or relocation of impervious surface areas shall not include locating any additional or relocated impervious surface area or buildings into the portion of the Subject Property to be encumbered by the Conservation Easement required pursuant to Paragraph 5.b above and described in Exhibit B. In addition, the set back from Lake Ann shall not be decreased. b. Increase building square footages or relocate buildings so long as the resulting Improvements do not exceed the Impervious Surface Limit and are in compliance with the requirements of the PRD Zoning Classification with regard to building set backs, landscape strips, and parking requirements. C. Revise the residential unit count, including dwelling units and suites within the building, up or down 10% so long as the resulting Improvements do not exceed the Impervious Surface Limit and are in compliance with the requirements of the PRD Zoning Classification and other requirements in this Agreement with regard to building set backs, landscape strips, and parking requirements and density limitations d. Revise the mix amongst assisted living, independent living and/or memory care as well as revisions to the number of studio, one bedroom, companion units, and two bedroom units so long as the resulting Improvements do not contain more than 229 beds or 85 dwelling units and 84 suites, and sufficient parking spaces are provided in accordance with the formulas set forth on the Approved Site Plan. e. Relocate any internal access points shown on the Approved Site Plan. f. Relocate or reconfigure open space or recreational areas shown on the Approved Site Plan so long as such relocation or reconfiguration does not result in a decrease in the amount, configuration, or character of open space or recreation areas on the Approved Site Plan. g. Make minor changes to the building elevations, so long as such changes do not result in increases to building height or changes to the character of the building design. All such changes shall be primarily ornamental in nature, including changes in the nature of window banding, fascia, brackets, frieze, board design, color variations, and similar matters. 8. Enforcement. In the event that enforcement of this Agreement by the City becomes necessary, and the City is successful in such enforcement, the Developer shall be responsible for all reasonable costs and expenses, including attorneys' fees whether or not litigation is necessary and if necessary, both at trial and on appeal, incurred in enforcing or ensuring compliance with the terms and conditions of this Agreement which costs, expenses and fees shall also be a lien upon the Subject Property superior to all others. Should this Agreement require the payment of any monies to the City, the recording of this Agreement shall constitute a lien upon the property for said monies, until said monies are paid, in addition to such other obligations as this agreement may impose upon the Subject Property and the Developer. Interest on unpaid overdue sums shall accrue at the rate of eighteen percent (18%) compound annually or at the maximum rate allowed by law. 9. Indemnification. The Developer and its assigns and successors in interest shall indemnify and hold harmless the City from and against all claims, demands, disputes, damages, costs, expenses (to Developer's Agreement The Allegro at Casselberry, L.L.C. Page 4 of 10 DA-