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4. DISBURSEMENT FROM ESCROW ACCOiJNT. If the City suspects or knows <br /> of any matter cited above that is not completed correctly and in a timely fashion, it shall first <br /> make demand of Owner to make any necessary repairs or to take other prudent remedial <br /> measures within a 5 day time period. If Owner is unwilling or unable to honor his <br /> agreement as deternuned by the City, the City may draw from the Escrow Account, as <br /> necessary. The remedies afforded to the City under this agreement shall be in addition to <br /> any other remedies which the City may be entitled by law or equity or other agreement. <br /> 5. CLOSING ESCROW. The escrow, less any eligible expenses, shall be returned <br /> to the Owner two growing seasons after planting if the planting is successful. If <br /> substantial portions of the plantings are not successful after one planting season the City <br /> may hold the escrow for an additional planting season. If substantial portions of the <br /> plantings are not successful after two planting seasons the City may hold the escrow for <br /> two additional planting seasons. <br /> 6. ACCESS TO PROPERTY. Owner grants to the City, its agents and its <br /> employees,the right to enter on the Property for the specific purpose of inspecting or <br /> completing the improvement of the buffer should the Owner not complete the work by <br /> the specified dates. <br /> Timothy Pellizzer CITY OF ORONO <br /> BY: <br /> IT'S <br /> 2 of 2 <br />