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10. <br /> <br />I1. <br /> <br />12. <br /> <br />13. <br /> <br />LIGHTING. The lighting shall be in accordance with the approved Lighting Plan <br />prepared by Amcon Construction Company, Inc., dated ., 1999. Any <br />lighting installed on the site is subject to prior approval by the City Engineer. <br /> <br />BUILDING FACADE. The Permittee agrees to construct the office building with <br /> in accordance with the wall elevations prepared by Amcon <br />Construction Company, dated . , 1999. <br /> <br />REQUIREMENTS FOR BUILDING PERMIT AND CERTIFICATE OF <br />OCCUPANCY. No building permit for the Site will be issued until the Permittee has: <br />a) signed and returned this Development Permit; b) provided the required financial <br />guarantee in accordance with Item #12 (OR #11 IF #6 IS DELETED) of this Permit. No <br />Certificate of Occupancy for the structure will be issued until the Required Improvements <br />are accepted by the City and the landscaping maintenance guarantee has been provided in <br />accordance with Item #13 (OR #I2 IF #6 IS DELETED) of this Development Permit.. <br /> <br />IMPROVEMENT CONSTRUCTION SCHEDULE. The Required Improvements <br />shall be completed before November 1, 1999. <br /> <br />ESCROW FOR REQUIRED IMPROVEMENTS. In order to insure the installation of <br />the Required Improvements in accordance with City specifications and in a timely <br />manner, the Permittee shall be required to deposit with the City a cash escrow or letter of <br />credit, approved as to form by the City, in the amount of Dollars <br />($ ), which is 150% of the City's estimated cost of the Improvements. <br />Prior to the issuance of the building permit, all financial guarantees must be provided as <br />required herein. <br /> <br />Upon completion of the construction of the Required Improvements, the financial <br />guarantee shall be returned to the Permit-tee and the Permittee shall be required to provide <br />the landscaping maintenance guarantee described in Item #13 (OR #12 IF #6 IS <br />DELETED) of this Development Permit. The determination of completion of the <br />construction of the Required Improvements shall be made by the City Council after <br />consultation with the City Engineer. In the event the Permittee fails to construct and <br />install the Required Improvements as required herein, the City Council may order the <br />completion of the Required Improvements with City day labor and/or by letting contracts <br />for said completion and draw upon the escrow for payment. Only the City Council shall <br />have the authority to direct completion of the Required Improvements and withdraw from <br />the escrow account. The Permittee hereby grants permission and a license to the City <br />and/or its contractors and assigns to enter upon the Site for the purpose of completing the <br />construction and installation of the Required Improvements in the event of the Permittee's <br />default. <br /> <br />MAINTENANCE GUARANTEE FOR LANDSCAPING. It is herein agreed that the <br />Permit-tee shall provide a maintenance guarantee to ensure the survival of the plantings. <br />Said maintenance guarantee shall consist of cash or a letter of credit, approved as to form <br />by the City, in the amount of Dollars and no cents ($ <br />($100/tree and $50/shrub x 30% average non-survival rate), which shall be in effect for a <br />two year period commencing on the date of the City's acceptance of said plantings as part <br />of the Required Improvements. <br /> <br />At the end of the two year period, the maintenance guarantee shall be returned to the <br />Permittee. The determination that all plantings that have been planted in accordance with <br />the Site Plan have either survived or have been replaced shall be made by the City <br />Council after consultation with the City Engineer. In the event the Permittee fails to <br /> <br />I <br />I <br />I <br /> <br /> <br />