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(26 trees and 264 shrubs) x cost/planting ($300/tree and $75/shrub) x 30% average non -survival <br />rate], which shall be in effect for a two (2) year period commencing on the date of the CITY's <br />written acceptance of said plantings as part of the Required Improvements. <br />At the end of the two (2) year period, the PERMITTEE shall contact the CITY to schedule a final <br />inspection of the landscaping. The determination that all plantings that have been planted in <br />accordance with the Plans have either survived or have been replaced shall be made by the CITY. <br />Upon approval of the final landscape inspection by the CITY, the maintenance guaranty shall be <br />returned to the PERMITTEE. In the event the PERMITTEE fails to maintain the required <br />plantings for a two (2) year period, the City Council may order the replacement of plantings with <br />CITY day labor and/or by letting contracts and draw upon the escrow for payment. Only the City <br />Council shall have the authority to direct replacement of the plantings and withdraw from the <br />escrow account. The PERMITTEE hereby grants permission and a license to the CITY and/or <br />its contractors and assigns to enter upon the Subject Property for the purpose of replacing <br />plantings in the event of the PERMITTEE default. <br />SECTION IV <br />GENERAL <br />17. 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 <br />soil, earth or debris from the wetlands within and adjacent to the Subject Property resulting from <br />grading performed in the development of the land. <br />18. Zeolite Street Boulevard Trees. Zeolite Street will be reconstructed as a CITY project in 2024. <br />In lieu of the PERMITTEE planting trees ahead of the road project being complete, the <br />PERMITTEE will pay $7,800.00 to cover the cost of installing twelve (12) boulevard trees and <br />sod based on 440 feet of lot frontage along Zeolite Street with trees spaced at 35 feet on center with <br />a typical cost of $650.00 per tree (installed). <br />19. Parking Lot Grading. It is acknowledged that the design and grade of the parking lot and storm <br />sewer are dependent upon the final design and elevation of Zeolite Street. The PERMITTEE shall <br />provide updated site plans for review once the roadway design is finalized. <br />20. 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, <br />etc. <br />21. Construction, Hours and Entrance Signs. The CITY restricts construction and delivery hours <br />to Monday through Saturday 7:00 a.m. to 10:00 p.m. The PERMITTEE is required to provide a <br />sign at each entrance point stating delivery and construction operation hours. Said signs are not to <br />exceed eighty (80) square feet in size and must be clearly visible at all times during the construction <br />period. <br />22. 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 />23. 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 />Ramsey Properties, LLC/Home2Suites <br />Development Agreement <br />Page 5 of 8 <br />