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� °� <br /> • � ��3 ° <br /> �.. C ITY o� ORON4 <br /> � � �:,�-�� ti - <br /> ti <br /> RESOLUTION OF T E CITY COUNCIL <br /> �L�.FfE pg'�G NO. � � � � <br /> SI3 <br /> 3. Each of the 14 trees remaining to be planted shall have a minimum trunk caliper of 2 <br /> inches as measured 12"above the ground level. The remaining 14 trees to be planted shall <br /> be located such that the average separation between trees is in the range of approximately 15- <br /> 20' more-or-less, dependent on species types and the recommendation of City consultants. <br /> 4. Applicant shall have the composition of fill soils analyzed and provide soil amendments as <br /> necessary to insure survivability of all trees planted. <br /> � 5. Because the City is not requiring applicant to cut back the hill from the current condition, <br /> applicant shall confirm that the 4 inches of topsoil required under the November 2001 CUP <br /> has been placed, and in the event it has not, applicant shall place said topsoil as required. <br /> 6. The City of Orono shall reserve the right to inspect the property for the first three years <br /> following this approval to ensure the successful establishment of all vegetation and to ensure <br /> � erosion is not occuning on the hillside. <br /> • � 7. Applicant in accepting and signing this approval resolution agrees to the following terms: � <br /> (a) Applicant hereby grants the City right of entry and the right to perform the landscape <br /> work in accordance with the.approved plan if applicant fails to perform the work <br /> within 60 days of issuance of the permit; <br /> (b) Applicant agrees to replace any of the 35 trees in the approved plan that does not <br /> survive one year after planting; <br /> (c) Applicant agrees to replace any trees that die within three years of planting if more <br /> than 10% of the trees planted die during that three-year period. <br /> (d) Applicant hereby grants the City right of entry for the purpose of monitoring the <br /> survival of•trees,to monitor the establishment of all vegetation and ensure erosion is <br /> not occurring on the hillside; and for the purpose of replacing trees should the <br /> applicant fail to act per the above conditions. <br /> 8. Applicant shall provide security in the amount of$5,000 in the form of a letter of credit or in <br /> some other form suitable to the City to guarantee that the conditions of this approval are � <br /> carried out and to provide funding to allow the City to complete the work if the applicant <br /> fails to perform. The security shall remain in effect for 3 yeazs commencing with the date <br /> • this resolution is signed by the applicant. <br /> Page 6 of 8 <br />