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O � O i_ CITY of ORONO ?J'� ~ RESOLUTION OF THE CITY COUNCIL kESHo4 NO. 3. Each of the 14 trees remaining to be planted shall have a minimum trunk caliper of 2 inches as measured 12" above the ground level. The remaining 14 trees to be planted shall be located such that the average separation between trees is in the range of approximately 15- 20' more-or-less, dependent on species types and the recommendation of City consultants. 4. Applicant shall have the composition of fill soils analyzed and provide soil amendments as necessary to insure survivability of all trees planted. 5. Because the City is not requiring applicant to cut back the hill from the current condition, applicant shall confirm that the 4 inches of topsoil required under the November 2001 CUP has been placed, and in the event it has not, applicant shall place said topsoil as required. 6. The City of Orono shall reserve the right to inspect the property for the first three years following this approval to ensure the successful establishment of all vegetation and to ensure erosion is not occurring on the hillside. 7. Applicant in accepting and signing this approval resolution agrees to the following terms: (a) Applicant hereby grants the City right of entry and the right to perform the landscape work in accordance with the approved plan if applicant fails to perform the work within 60 days of issuance of the permit; (b) Applicant agrees to replace any of the 35 trees in the approved plan that does not survive one year after planting; (c) Applicant agrees to replace any trees that die within three years of planting if more than 10% of the trees planted die during that three-year period. (d) Applicant hereby grants the City right of entry for the purpose of monitoring the survival of trees,to monitor the establishment of all vegetation and ensure erosion is not occurring on the hillside; and for the purpose of replacing trees should the applicant fail to act per the above conditions. 8. Applicant shall provide security in the amount of 55,000 in the form of a letter of credit or in some other form suitable to the City to guarantee that the conditions of this approval are carried out and to provide funding to allow the City to complete the work if the applicant fails to perform. The security shall remain in effect for 3 years commencing with the date this resolution is signed by the applicant. Page 6 of 8