Nov.15, 2004

Site Plan Agreement Clause

The Owner covenants and agrees:

· To retain a Lighting Professional certified by the National Council for the Qualification of Lighting Professionals (NCQLP) or a licensed Professional Engineer (PEO) qualified in illumination design (hereinafter referred to as the “Engineer”) to prepare the design of exterior lighting systems in compliance with the Town’s “Exterior Illumination Requirements”

· To submit an Illumination Design (drawing and report) prepared by the Engineer, in compliance with the Town’s “Exterior Illumination Requirements” and other Town standards, to the Director of Planning and Urban Design.

· To submit a certification from the Engineer, that the Engineer has inspected and certifies to the Director of Planning and Urban Design that all exterior lighting has been constructed in accordance with the Illumination Design documents, the Town’s “Exterior Illumination Requirements” and other Town standards, prior to the reduction/release of the Letter of Credit held for development related works. The certificate, or certificates, shall be in a format acceptable to the Director of Planning and Urban Design.

· To maintain the lighting system in compliance with the “Exterior Illumination Requirements”.

· Not to alter the exterior lighting installation without the approval of the Town or in a manner that does not conform to the Town’s “Exterior Illumination Requirements” in effect from time to time.

Q:\Commision Share\Operations and Asset Management\Reports\2005\C & U\ROW\Other Report\Attachment 1 for Light Pollution Report.doc