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13 <br />LA515\135\943139.v2 <br />Improvements. For the purpose of this Agreement “substantial performance” shall <br />be defined for areas seeded or sodded with a turf or lawn mix as “square foot turf <br />areas with an average blade height of three inches free of eroded, bare, or dead <br />spots and free from perennial weeds or unwanted grasses with no visible surface <br />soil.” For areas seeded with a native grass or flower mix “substantial performance” <br />shall be defined as “square foot native grass or flower areas with an average height <br />of eight inches free of eroded, bare, or dead spots and no visible surface soil.” <br />C. The City has agreed to reduce the number of required trees the Original Developer <br />and Developer are required to plant within the entire Development from 2,912 to <br />1,943 as such number is reflected in the revised landscape plans on file with the <br />City. In addition to planting the number of trees required by this paragraph, the <br />Developer agrees that it will require that at least two trees be planted on lots that <br />have villa homes and at least four trees be planted on lots that have single family <br />homes. These trees are not to be counted towards the number of trees that are <br />required by this paragraph to be planted by the Developer. All trees planted on villa <br />or single-family home lots must be planted before a certificate of occupancy for the <br />lot will be issued by the City. The Developer may further reduce the number of trees <br />that it is required to plant within the Subdivision by: (i) implementing woodland <br />management or pollinator friendly native seeding practices within the Subdivision, in <br />a manner approved by the City’s Landscape Architect, provided that the number of <br />trees that may be removed from the Developer’s plantings will be agreed upon by <br />the Developer and the City at the time such practices are approved; or (ii) paying to <br />the City a per-tree parkland dedication fee of $500.00 per 2.5 caliper inch tree that <br />the Developer elects not to plant within the Subdivision. <br />D. In consideration for the reduction in the number of trees to be planted by the <br />Developer in accordance with paragraph 19 (C) above, the Developer will pay a