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3. The City shall calculate the height of the residences located in Hillary Farm in the <br />same manner as the residence located at 20 Hillary Farm Lane. That method defines height to be <br />a vertical distance measured from the ground level within five (5) feet of the front entrance of the <br />structure to the top of the cornice of a flat roof, to the deck line of a mansard roof, to the point on <br />the roof directly above the highest wall of a shed roof, to the upper -most point on a round or <br />other arch type roof, to the height of the highest gable on a pitched or hip roof. <br />4. Hillary Farm shall be exempt from Section 22 of Ordinance 43I enacted June 19, <br />2006 during the period stated in paragraph 1. <br />5. Except as modified or amended in this Second Amendment, the Developer's <br />Agreement as amended by the First Amendment shall remain in full force and effect. <br />IN WITNESS WHEREOF, the parties have signed this Second Amendment to be <br />effective the day and year first above written. <br />CITY: <br />CITY OF GEM LAKE <br />By: <br />Paul R. Emeott <br />Its: Mayor <br />ME <br />Its: City Clerk <br />STATE OF MINNESOTA) <br />) ss <br />COUNTY OF RAMSEY ) <br />OWNER/DEVELOPER: <br />HILLARY FARM, LLC <br />By: <br />J es McNult , r. <br />Its: hief Manager <br />The foregoing instrument was acknowledged before me this day of <br />, 2007 by Paul R. Emeott, the Mayor, and William Short, the City Clerk of the <br />City of Gem Lake, a Minnesota municipal corporation, on behalf of the corporation and pursuant <br />to the authority granted by its City Council. <br />Notary Public <br />