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attorneys fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. 41.The project developer shall post cash, letter of credit, or other security satisfactory to the Director of Community Development in the amount of $5,000 for each tree required to be preserved, up to a maximum of $25,000. This cash bond or security shall be retained for one year following completion of construction and shall be forfeited if the trees are destroyed or substantially damaged. No trees shall be removed other than those specifically designated for removal on the approved plans or tree report. 42.The project developer shall comply with the recommendations of the tree report prepared by Arbor Resources, dated "Received July 26, 2014." No tree trimming or pruning other than that specified in the tree report shall occur. The project developer shall arrange for the horticultural consultant to conduct a field inspection prior to issuance of City permits to ensure that all recommendations have been properly implemented. The consultant shall verify in writing that such recommendations have been followed. Landscaping 43.The project developer shall enter into an agreement with the City, approved by the City Attorney, which guarantees that all landscaping included in this project will be maintained at all times in a manner consistent with the approved landscape plan for this development. Said agreement shall run with the land for the duration of the existence of the structures located on the subject property. 44.The project developer shall provide root control barriers and four inch perforated pipes for parking lot trees, street trees, and trees in planting areas less than ten feet in width, as determined necessary by the Director of Community Development at the time of review of the final landscape plans. 45.AII trees used in landscaping shall be a minimum of 15-gallons in size and all shrubs a minimum of five-gallons, unless otherwise shown on the approved landscape plan. 46.The following statements shall be included within the site, grading, and landscape plans where applicable to the satisfaction of the Director of Community Development prior to issuance of a building permit: a) No existing tree to be saved may be trimmed or pruned without prior approval by the Community Development Director. b) No equipment may be stored within or beneath the driplines of the existing trees to be saved. PUD-102 3192 Santa Rita Road Conditions of Approval Page 7