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35 4.0 Approval by the CITY 36 In approving the final development plan for the PUD for the DEVELOPER, the CITY 37 hereby incorporates the following exhibits. The DEVELOPER shall develop the subject 38 property as described or shown in these exhibits. If the exhibits vary from the written 39 terms of this Agreement, the written terms shall control. In the event the exhibits address 40 items not specifically addressed in this agreement, the exhibits shall govern with respect 41 to those items. The exhibits as approved by the City Council on May 18, 2009, or as 42 amended thereafter, shall include: 43 Exhibit A Site development plan indicating proposed structure addition, parking lot 44 modifications, electrical /mechanical service access, sidewalks, property lines, and 45 setbacks, dated April 14, 2009 46 Exhibit B Grading, drainage, and erosion control plan indicating the structure addition, all 47 grade contours with spot elevations, sanitary sewer and watermain service, catch 48 basins for surface water catchment, existing utilities, and all erosion control 49 measures to be utilized during construction, dated April 14, 2009 5o Exhibit C Utility plan, including type, size, elevation and % grade of all existing and 51 proposed utilities for the site, dated March 31, 2009 52 Exhibit D Complete landscape and infiltration basin plan, including materials list and 53 planting details, indicating the size and location of all plant materials, dated 54 March 31 and April 14, 2009 55 Exhibit E Building elevation plan indicating structure height, facade details, and building 56 materials dated March 31, 2009 57 5.0 Rezoning 58 5.1 The CITY conducted hearings and meetings on August 6, 2008 (Planning 59 Commission — public hearing on General Concept plan), August 25, 2008 (City so Council — action on General Concept), and May 18, 2009 (City Council — hearing 61 and action on Final Development Plan and PUD agreement) to consider various 62 aspects of the PUD, including rezoning of the subject property from Single 63 Family Residence (R -1) District to Planned Unit Development (PUD) with an 64 underlying zoning of Limited Business (B -1) District. 65 5.2 The CITY agrees to rezone the subject property to Planned Unit Development 66 (PUD) with an underlying zoning of Limited Business (B -1) District, subject to 67 the DEVELOPER'S strict compliance with the approved plans, and the terms and ss conditions of this agreement. Where not superseded by more restrictive 69 requirements of this PUD, the standards of the underlying Limited Business (B -1) 70 zoning district shall apply, as stated in Chapter 1005 of the Roseville City Code. Page 2 of 7