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the City a cash escrow or letter of credit, approved as to form by the City, in the <br />amount of Four Thousand Dollars and no cents ($4,000.00). <br /> <br />Upon completion of the installation of the plantings, the. financial guarantee shall <br />be returned to the Permittee and the Permittee shall be required to provide a <br />landscape maintenance guarantee in the amount of One Thousand Dollars <br />($1,000) and no cents. The determination of completion of the installation of the <br />plantings shall be made by the City Engineer or his/her designee. In the event the <br />Permittee fails to construct and install the plantings as required herein, the City <br />shall provide notice to the Permittee of the default condition and establish a thirty <br />(30) day time frame in which the Permittee may remedy the default condition. If <br />the Permittee fails to do so within the 30 day time frame, the City Administrator <br />or his/her designee may order the completion of the plantings with City day labor <br />and/or by letting contracts for said completion and draw upon the escrow for <br />payment. Only the City Administrator or his/her designee shall have the authority <br />to direct completion of the plantings and withdraw from the escrow account. The <br />Permittee hereby grants permission and a license to the City and/or its contractors <br />and assigns to enter upon the Site for the purpose of completing the construction <br />and installation of the plantings in the event of the Permittee's default. <br /> <br />It is herein agreed that the purpose of the $1,000.00 maintenance guarantee is to <br />insure the survival of the plantings. Said maintenance guarantee shall consist of <br />cash or a letter of credit, approved as to form by the City, and shall be in effect for <br />a two year period commencing on the date of the City's acceptance of said <br />plantings. <br /> <br />At the end of the two year period, the maintenance guarantee shall be returned to <br />the Permittee. The determination that all of the plantings that have been planted <br />in accordance with the Landscape Plan have either survived or have been replaced <br />shall be made by the City Engineer or his/her designee. In the event the Permittee <br />fails to maintain the required plantings for a two year period, the City shall <br />provide notice to the Permittee of the default condition and establish a thirty (30) <br />day time frame in which the Permittee may remedy the ~default condition. If the <br />Permittee fails to do so within the 30 day time frame, the City Administrator or <br />his/her designee may order the replacement of plantings with City day labor <br />and/or by letting contracts and draw upon the escrow for payment. Only the City <br />Administrator shall have the authority to direct replacement of the plantings and <br />withdraw from the escrow' account. The Permittee hereby grants permission and a <br />license to the City and/or its contractors and assigns to enter upon the Site for the <br />purpose of replacing plantings in the event of the Permittee's default. <br /> <br />Prior to the issuance of a building permit for the tower, the Permit Holder shall <br />supply the City with affirmation that the proposed tower will comply with any <br />applicable regulations administered by the Federal Aviation Administration and a <br />report from a qualified and licensed professional engineer which demonstrates the <br /> <br /> <br />