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In the event the County or any other governmental body, as a condition to the approval of any <br />further subdivision or development of the property described in Article 1, requires that the private <br />driveway be upgraded above a Class B standard or be publicly dedicated and constructed to Department <br />of Transportation standards, then in that event, the parties shall be responsible for maintenance and the <br />costs of maintenance of the private driveway to the new standard, as reflects their new respective uses of <br />the driveway, in such proportion as they agree. In the absence of an agreement, the owner of the property <br />being subdivided or developed shall be responsible for maintenance and the costs of maintenance to the <br />new standard. The initial cost of constructing the private driveway to a higher private road standard or to <br />Department of Transportation standards shall be borne solely by the owner of the property being <br />subdivided or developed. <br />Article 5. This agreement is to govern the maintenance of the private driveway when subject to <br />ordinary use. If either party to this Agreement shall cause any extraordinary wear and tear on the private <br />driveway by building, well drilling, or other heavy use, said party shall be responsible to pay such <br />extraordinary costs of maintenance caused by such use. <br />Article 6. IN ADDITION TO THE FOREGOING EASEMENTS AND PROVISIONS FOR <br />PRIVATE DRIVEWAY MAINTENANCE, the parties covenant and agree that the Outdoor Lighting <br />Standards adopted by Orange County on June 26, 2003 shall apply as minimum lighting standards for the <br />property described in Article 1 above, provided that: <br />1. None of the exemptions listed in Section 6.31.4 except 6.31.4 E and F shall be applied. <br />With respect to Section 6.31.6 (A), the maximum light level shall be 0.5 foot-candle at any <br />residential ornon-residential property line. <br />With respect to Section 6.31.6 (C), any facilities requiring floodlighting may not arrange the light <br />in such a way as to shine towards roadways, onto adjacent residential or non-residential property <br />or into the night sky. <br />4. With respect to Section 6.31.6 (D), all flood lamps emitting 1,000 or more lumens shall be <br />shielded such that the main beam from the light source is not visible from adjacent properties or <br />any public street right-of--way. <br />5. With respect to Section 6.31.7 (A), all outdoor area and parking lot lighting fixtures shall be full <br />cutoff fixtures. <br />6. With respect to Section 6.31.7 (C), any light fixture must be placed in such a manner that no <br />lamp surface is visible from any residential or non-residential area or public/private roadway. <br />The aforesaid Outdoor Lighting Standards are attached hereto and incorporated herein as Exhibit X to <br />this Agreement. <br />Article 7. This Agreement shall run with and be appurtenant to the land and shall be binding <br />upon the heirs, successors, and assigns of each record owner of the aforesaid property. When used in this <br />Agreement, the singular shall include the plural, the masculine shall include the feminine and the neuter, <br />and vice versa, as the meaning may require. <br />4 <br />