Resolution - #99-09-185 - 09/28/1999

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The Permittee herein agrees to complete the installation of the landscaping by September 1, 2000. In order to ensure the installation of the landscaping in a timely manner, the Permittee shall be required to deposit an escrow, approved as to form by the City, in the amount of Five Thousand Dollars and no cents ($5,000.00), which is 150% of the City's estimated cost of the landscaping improvements. Prior to the issuance of the building permit, this financial guarantee must be provided as required herein. 'Upon completion of the required landscaping, the financial guarantee shall be returned to the Permittee and the Permittee shall be required to provide the landscaping maintenance guarantee described in Item #5 of this CUP. The determination of completion of the required landscaping shall be made by the City 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 Permittee's default. o 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 the City. The guarantee 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 plantings 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 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 of the Permittee'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. 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: RESOLUTION #99-09-185 Page 2 of 4