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cost/planting ($300/tree, $75/shrub) x 30% average non -survival rate], which shall be in effect for a <br />two (2) year period commencing on the date of the CITY's acceptance of said plantings as part of <br />the Required Improvements. <br />At the end of the two (2) year period, the maintenance guarantee shall be returned to the <br />PERMITTEE. The determination that all plantings that have been planted in accordance with the <br />Site Plan have either survived or have been replaced shall be made by the Community Development <br />Department. In the event the PERMITTEE fails to maintain the required plantings for a two (2) <br />year period, the City Council may order the replacement of plantings with CITY day labor and/or by <br />letting contracts and draw upon the escrow for payment. Only the City Council shall have the <br />authority to direct replacement 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 and assigns <br />to enter upon the Subject Property for the purpose of replacing plantings in the event of the <br />PERMITTEE default. <br />SECTION V <br />GENERAL <br />13. Boulevard and Area Restoration. The PERMITTEE shall be responsible for restoring all areas <br />disturbed by the development grading operation in accordance with the approved erosion and <br />sediment control plan. The PERMITTEE shall also be responsible for the cost of cleaning any soil, <br />earth or debris from the wetlands within and adjacent to this Site Plan resulting from grading <br />performed in the development of the land. <br />14. Construction Site Maintenance. The PERMITTEE shall adhere to all CITY ordinances relating <br />to, but not limited to, dumping of garbage, site development, construction debris, open burning, etc. <br />15. Estimated Cost. It is understood and agreed that cost amounts set forth in this Agreement as <br />Required Improvements, unless specified as fixed amounts, are estimated. The PERMITTEE <br />agrees to pay the entire cost of said improvements including interest, engineering and legal charges. <br />16. Site Plan Approval Expenses. The PERMITTEE agrees that it will pay to the CITY all CITY <br />expenses incurred in the approval of the Site Plan, including, but not limited to administration <br />expenses, engineering and legal fees. Said expenses shall be paid within fifteen (15) days of billing <br />by the CITY and outstanding billings shall be paid prior to issuance of the building permit. Any <br />expenses incurred after the release of the building permit shall also be paid within said fifteen (15) <br />day billing period. Failure to pay the CITY' s expenses within the fifteen (15) day billing period will <br />permit the CITY to draw upon any of the escrows required by this contract for payment. <br />17. Reimbursement to the City. The PERMITTEE agrees to reimburse the CITY for all costs <br />incurred by the CITY in defense or enforcement of this Agreement, or any portion thereof, including <br />court costs and reasonable engineering and attorney's fees. <br />18. Invalidity of Any Section. If any portion, section, subsection, sentence, clause, paragraph or phase <br />of this Agreement is for any reason held to be invalid by a court of competent jurisdiction, such <br />decision shall not effect or void any of the other provisions of this Agreement. <br />19. Proof of Authority. When the PERMITTEE is a corporation, the CITY requires proof of <br />authority by the corporation to execute this Agreement. This proof of authority may be satisfied by <br />providing the CITY with a certified copy of minutes of the corporate Board of Directors granting <br />such authority. <br />McDonald's <br />Development Permit <br />Page 4 of 6 <br />