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a• , <br /> square foot in the seeded area. Areas where the planting is not successful shall be <br /> reseeded by the end of the growing season. The funds shall be spent by the City if Owners <br /> for any reason are unable or unwilling to honor the requirements of the City Code. <br /> Construction costs may also include engineering estimates and plans as well as labor and <br /> materials for an_y repairs or matters completed. <br /> 3. REQUIRED IMPROVEMENTS. The required improvement described on the <br /> Wetland Buffer Establishment and Management Plan dated September 24, 2008, drawn by <br /> Mike Brandvold of Anderson Engineering of Minnesota, as they pertain to Lot 1 Block 1 <br /> Majestic Spruce. <br /> 4. DISBURSEMENT FROM ESCROW ACCOUNT. 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 the Owners to make any necessary repairs ar to take other prudent <br /> remedial measures within a 5 day time period. If the Owners are unwilling or unable to <br /> honor its agreement as determined by the City, the City may draw from the Escrow <br /> Account, as necessary. The remedies afforded to the City under this agreement shall be in <br /> addition to any other remedies which the City may be entitled by law or equity or other <br /> 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. The owners of have granted to the City, its agents <br /> and its employees, the right to enter on the Property for the specific purpose of inspecting <br /> or completing the improvement of the buffer should the Owners not complete the work <br /> by the specified dates. <br /> CITY: CITY OF ORONO RS: .� <br /> �� . <br /> By: <br /> Its: �:..�o,wo.�. �,c t_�v� �� <br /> Internal Use Only: 0 Original to Finance Department � CoPy to Street File <br /> 2 <br />