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landscaping, the financial guarantee shaebe. 0eI to the Permitter and the Permittee shall <br />be required to provide the landscaping iaiintena Vie' u rantee_ described in Item #5 of this <br />CUP. The determination of completion of the re ` :red landsea in shall be made bythe City <br />p g <br />Engineer or his/her designee. In the eyerit 'the p'pffnit-We fails to construct and install the <br />required landscaping as required herein,_ the:; City Council may order the completion of the <br />required landscaping with City day labor a id/orb letting contracts for said completion and <br />draw upon the escrow for payment, only the Ci y Council shall have the authority to direct <br />completion of the required landscaping : and 4hdra from the escrow account. The <br />Permittee hereby grants permission and = a liter se = to the City and/or its contractors and <br />assigns to enter upon the Subject Property: for the purpose of completing the installation of <br />the required landscaping in the event of the Permittee's default, <br />5. The Permittee shall provide a maintenance . guarantee , to : ensure the survival of the plantings. <br />The maintenance guarantee shall be in the .amn.oun of One Thousand Five Hundred Dollars <br />and no cents($1 500 00 and the form. o said u antee shall be tos � form. g = subjectthe approval of <br />the City. The guarantee shall be in effect for a: two. year period commencing on the date of <br />the City's acceptance of said plantings. At the e4 .af the two year period, the maintenance <br />guarantee shall be returned to the Permittee:. The detern.nation that all plantings have either <br />survived or have been replaced shall be wide by.flie City En ineer or his/her designee. In <br />the event the Permittee fails to maintain tie requiie0 plantings for a two year period, the City <br />Council may order the replacement of planting= with:.. City day labor and/or by letting <br />contracts and draw upon the escrow for: payment. Only the City Council shall have the <br />authority to direct replacement of the plantings art withdraw from the escrow account. The <br />Permittee hereby grants permission and a /items to the City and/or its contractors and, <br />assigns to enter upon the Subject Pro e for the =; F ose of replacing plantings in the event <br />�� P g P g <br />of the Permittee's default. <br />6. The Permittee agrees that this CUP shall be 'binding: upon their successors and assigns. <br />7. That the Permittee shall be responsible :: for all gity costs incurred in administering and <br />enforcing this CUP. <br />8. That the City Administrator, or his/her designee, s ia.11 have: the right to inspect the Subject <br />Property for compliance and safety purpOses ua.1 or at an.y time, upon reasonable <br />request. <br />The motion for the adoption of the foregoing: resolut. was duly seconded by Councilmember <br />Zimmerman, and upon vote beingtaken thereon the. 0.6winivoted in . favor : p or thereof. <br />Mayor Garner <br />Councilmember Anderson <br />Councilmember Hendriksen <br />Councilmember Connolly <br />Councilmember Zimmerman <br />RESOLUTION #9 O9 1 S5 <br />Pale, 2 of 4'. 4 <br />