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Note: Applicant shall provide a detailed legal description of this portion of Outlot E and <br />include this along with other items required as part of paragraph (2) above. <br />b) Maintenance of this parcel shall be in accord with existing requirements imposed on Coal <br />Creek Master Association, Inc. in accordance with PUD agreements established between the <br />City of Louisville and the Developer of Coal Creek Ranch. <br />c) The areas of Outlot E outside that portion described in (3a) shall continue to be maintained <br />by the HOA. <br />d) Should the applicant desire to(or be required by the City of Louisville to) install sod, <br />shrubs or irrigation in the area described in (3a) it shall be at the expense of the applicant. It <br />shall also be the responsibility of the applicant to secure authorization from the City of <br />Louisville. After any such installation, the applicant shall be responsible for the upkeep of any <br />such landscape improvements. <br />e) The maintenance of the area described in (3a) shall be subject to the same requirements as <br />imposed by the CC&Rs of the HOA as if the property were owned by the applicant. Failure to <br />maintain the property described in (3a) shall subject the applicant to fines and/or liens as <br />prescribed in the CC&Rs. <br />4) The appearance of the driveway easement being requested across Outlot E is of concern to <br />the Association. As such the applicant agrees to install retaining walls as appropriate. In <br />addition, the applicant with City of Louisville approval, shall install landscape material to <br />mitigate the impact of the appearance of the driveway. The plan for the retaining wall and <br />landscape shall be submitted to the Architectural Control Committee (ACC) for review and <br />approval in accordance with CC&R provisions. Should there be any conflict between City of <br />Louisville requirements and those of the ACC the more comprehensive shall prevail, except <br />for any items which may involve public safety considerations as defined by the City. <br />5) By acceptance of this agreement by the parties involved, it is understood the applicant shall <br />have the right to enjoy the same rights, privileges and responsibilities as the other members of <br />the HOA except for item (2b) regarding the conflict between the SF-E zoning requirements <br />and the Architectural Control Guidelines. It is further understood that by the provisions of this <br />agreement remains in effect for all future owners of the property herein referred. <br />Note: Item (2b) is specifically identified to avoid a conflict between the Architectural Control <br />Guidelines and the zoning classification proposed and currently under consideration in the <br />Resolution No.18 Series 2001.CC&Rs cannot take precedence over the Resolution as passed <br />by the City of Louisville. <br />ed for the Coal Cre <br />David Russell, President <br />Signed fr the A pl <br />STANDR15.WPS <br />ch Master Association, Inc.: <br />Date: /O/.36r / ao / <br />Date: <br />Date: 10 ' 30 - D <br />