Agenda - Council - 05/25/2021 - Laserfiche WebLink

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• landscaping, the financial guarantee shall be returned to the Permittee and the Permittee shall be required toprovide the landscaping mai tend a guarantee described - in Item #5 of this q p g CUP. The determination of completion of the required landscaping shall be made bythe City Y Engineer or his/her designee. In the event the Permittee fails to construct and install the required landscaping as required herein, the City Council may order the completion of the required landscaping with City day labor and/or by letting contracts for said completion and draw upon the escrow for payment. Only the City Council shall have the authority to direct completion of the required landscaping and withdraw from the escrow account. The Permittee hereby grants permission and a license to the City and/or its contractors and assigns to enter upon the Subject Property for the purpose of completing the installation of the required landscaping in the event of the Pertnittee's default. 5. The Permittee shall provide a maintenance guarantee to ensure the survival of the plantings. The maintenance guarantee shall be in the amount of One Thousand Five Hundred Dollars and no cents ($1 ,500 00) and the form of said guarantee shall be subject to the approval of pP the City. The guarantee shall be in effect for a two yearperiod commencingon the date of the City's acceptance of said plantings. At the end of the two year period, the maintenance guarantee shall be returned to the Permittee. The determmation that all have either plantings survived or have been replaced shall be made by the City Engineer or his/her designee. In the event the Permittee fails to maintain the requird plantings for a two year period, the City Y Council may order the replacement of plantings with City day labor and/or by letting contracts and draw upon the escrow for payment, Only the City Council shall have the authority to direct replacement of the plantings and withdraw from the escrow account. The Permittee hereby grants permission and a license to the City and/or its contractors and assigns to enter upon the Subject Property for the purpose of replacing plantings in the event p g of the Perrnittee's default. 6. The Permittee agrees that this CUP shall be binding: upon their successors and assigns. 7. That the Permittee shall be responsible for all City costs incurred in administering and enforcing this CUP. 8. That the City Administrator, or his/her designee, shall have the right to inspect the Subject Property for compliance and safety purposes annually: or at any time, � upon reasonable request. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Zimmerman, and upon vote being taken thereon, the following voted in favor thereof: Mayor Gamec Councilmember Anderson Councilmember Hendriksen Councilmember Connolly Councilmember Zimmerman .4, RESOLUTION #9 O9-185 Page 2 of 4