Resolution - #98-07-161 - 07/28/1998

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Based on Findings of Fact #0463, a conditional use permit for a 120 foot monopole and related equipment cabinets is hereby granted to U.S. West ("Permittee") and Carrol and Frances Welte ("Property Owners"), hereinafter referred to as "Permittee". This permit is perpetual in its duration so long as the terms imposed herein are complied with. The development of the Site shall be in accordance with site plan sheets Z-I, Z-2, Z-3 and Z-5 dated June 1 and 2, 1998, and sheet Z-4 (Landscape Plan) revision date July 8, 1998, and written support materials prepared by U.S. West. The site shall be landscaped in accordance with Sheet Z-4 of the site plan. In order to insure the installation of the plantings by October 1, 1998, the Permittee shall be required to deposit with the City a cash escrow or letter of credit, apProved as to form by the City, in the amount of One Thousand Dollars and no cents ($1,000.00). In the event the Permittee fails to construct and install the plantings as required herein, the City shall provide notice to the Permittee of the default condition and establish a thirty (30) day time frame in which the Permittee may remedy the default condition. If the Permittee fails to do so within the 30 day time frame, the City Administrator or his/her designee may order the completion of the plantings with City day labor and/or by letting contracts for said completion and draw upon the escrow for payment. Only the City Administrator or his/her designee shall have the authority to direct completion 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 Site for the purpose of completing the construction and installation of the plantings in the event of the Permittee's default. Upon completion of the installation of the plantings, the financial guarantee shall be returned to the Permittee and the Permittee shall be required to provide a landscape maintenance guarantee in the amount of Three Hundred Fifty Dollars ($350.00) The determination of completion of the installation of the plantings shall be made by the City Engineer or his/her designee. It is herein agreed that the purpose of the $350.00 maintenance guarantee is to insure the survival of the plantings. Said maintenance guarantee shall consist of cash or a letter of credit, approved as to form by the City, and shall be in effect for a two year period commencing on 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 determination that all of the plantings that have been planted in accordance with the Landscape Plan have either 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 required plantings for a two year period, the City shall provide notice to the Permittee of the default condition and establish a thirty (30) day time frame in which the Permittee may remedy the default condition. If the Permittee fails to do so within the 30 day time frame, the City Administrator or his/her designee may order the replacement of RESOLUTION/t98-07-161 Page 2 of 5