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2. PURPOSE OF ESCROW. The purpose of the escrow is to guarantee that the <br /> buffer required as part of building pernut number 2009-00021 is improved in accord with <br /> the plan attached to Resolution 5798 as E�ibit B and that any vegetation that does not <br /> establish successfully is replaced. A planting is deemed successful if there is at least one <br /> native plant from the seed mix per square foot in the seeded area. Areas where the <br /> planting is not successful shall be reseeded by the end of the growing season. The funds <br /> sha11 be spent by the City if Owners for any reason are unable or unwilling to honor the <br /> requirements of the City Code. Construction costs may also include engineering estimates <br /> and plans as well as labor and materials for any repairs or matters completed. <br /> 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 Owners to make any necessary repairs or to take other prudent remedial <br /> measures within a 5 day time period. If Owners are unwilling or unable to honor its <br /> agreement as determined by the City, the City may draw from the Escrow Account, as <br /> necessary. T`he 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 Owners 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. Owners grant to the City, its agents and its <br /> employees,the right to enter on the Properly for the specific purpose of inspecting or <br /> completing the improvement of the buffer should the Owners not complete the work by <br /> the specified dates. <br /> OWNE S CITY OF ORONO <br /> BY: � �---- BY: % ' C� <br /> amy x IT's F N�,.�.�. �;��.�-� <br /> 7 nf 7 <br />