EXHIBIT B HERON’S GLEN PROPOSED DEED RESTRICTIONS OUTLINE 1, Senior Housing, The Deeds, Covenants and Restrictions (“DCR”) shall include statements that the Heron’s Glen development is limited to senior housing for age 55 and over residents; each housing unit shall be occupied by at least one person 55 years of age or older, and not more than 20 percent of the occupied units may be occupied by persons less than 55 years of age. 2. Association created. Developer shall create, by separate Declaration, a Homeowners Association or Condominium Association with written policies and procedures governing the Association which shall be referenced in the DCR. Certain regulations, restrictions, procedures and policies relating to FFHA, HOPA and HUD restrictions and age exemption may also be ineluded in the DCR. 3. Continuing exemption. The DCR shall require the owner(s) of the Assisted Living Facility, the Independent Living Facility, the Nursing Home Facility and the Homeowners Association, at their sole expense, to maintain the exemption for senior housing for persons 55 years and older under the Federal Fair Housing Act (1988) (FFHA) and Housing for Older Persons Act (1995) (HOPA). 4, Survey; default, The DCR shall include a procedure for compliance with the FFHA and HOPA senior housing exemption, including a detailed description of the manner and method by which the age verification survey shall be conducted bi-annually in odd numbered years; a provision in the event of default directing the City to proceed with HOPA compliance to complete the age verification survey and maintain compliance with the 55 and older minimum quota; and, in addition to its other remedies, authority for the City to file a complaint for the alleged failure to comply with FFHA and HOPA and to request an investigation by the Secretary of Housing and Urban Development. 5. Deeds, Leases. Each deed and lease shall include a disclaimer in bold typeface that states the age restrictions for occupancy in Heron’s Glen. The disclaimer included in each instrument shall be stated in the DCR. Heron’s Glen will restrict rentals of residential homes, hereafler defined as single-family dwelling, two-family dwelling, attached town homes, independent living dwellings, assisted living dwellings and nursing home dwellings, to residents who are 55 years of age old or older, A rent restriction will not be placed on the Independent Living, Assisted Living and Nursing Home facilities. 6. The provisions of the Development Agreement shall also be incorporated into the DCR. 7. Minimum Requirements. The DCR shall include minimum requirements for the development of each housing option and building, as follows:a. Single Family and Two Family Homes shall not be less than 75 units nor more than 150 units and the density of the homes shall not be any less than 5 dwelling units per acre and no more than 6 dwelling units per acre: Minimum square footage of the homes will be 1,150 square feet. b. Attached Town Homes'shall not be less than 25 units nor more than 135 units and the density thereof will not be any less than 7 dwelling units per acre and no more than 9 dwelling units per acre. Minimum square footage of an attached town home will be 1,150 square feet. ¢, Independent Living, Assisted Living and Nursing Home residential units combined shall not be less than 250 units nor more than 400 units and the density thereof will not be more than 40 units per acre. It is anticipated that some of these units will utilize “congregate dining” thus resulting in smaller units. Minimum square footage per resident of the Independent Living, Assisted Living and Nursing Home facility with congregate dining will be ___ square feet, g. Detailed description of the Community Recreation area, including area of coverage and amenities to be provided. h. The minimum common open space shall be no less than 7 acres with the location thereof subject to wetland, environmental and engineering assessments. i In any event the total number of dwelling units (“Aggregate Total of Units”) will be no Jess than Four Hundred and Forty Three (443) dwelling units and no more than Five Hundred and Thirty Five (935) dwelling units. 8. Woods of Burlington Buffer, Developer shall not cut down any existing trees within 50 feet of the Woods of Burlington adjacent property line unless removal is needed for specific engineering and site development purposes or the tree is dead. No buildings or accessory uses other than single and two-family homes and accessory uses thereto shall be built within 150 feet of the Woods of Burlington southerly boundary line. 9, Easements. Reference to any easements which may be granted to the City of Chardon 10. Wetlands. Developer will develop procedures and/or mitigation for the disturbance of all jurisdictional wetland areas pursuant to Ohio and Federal laws and regulations if necessary. 11, Grantee's acknowledgment. Prior to transfer of title to any sublot/condominium, unitdwelling unit within Heron's Glen the Grantor shall obtain a written acknowledgment that the Grantee has received and reviewed the deed restrictions and any exhibits incorporated therein. The written acknowledgment by the Grantee shall be made on the deed transferring the Grantor's interest. 12, Covenants, The covenants, rights, terms, reservatio ions, agreements and resttictions contained in the DCR shall be covenants running with the land and shall bind the Developer and the record legal title owners of any part of the Property, their respective heirs, executors, administrators, successors and assigns. The DCR shall create privity of contract andprivity of estate, as applicable, with and among all owners of any part of the Property, their respective heirs, executors, administrators, successors and assigns. 13. Reference in instruments, Reference to the DCR, ineluding the volume and page of its recordation, shall be made in every deed, lease, resident’s agreement, easement, or any other document conveying part of the Property, or granting any legal interest or possessory interest therein. 14. Effective date. The DCR shall become effective immediately upon filing for record in the office of the Recorder of Geauga County, Ohio. 15, Severability. If any provision of the DCR is held to be invalid by any court of competent jurisdiction, the invalidity of any such provision shall not affect the validity of any other restriction contained herein,