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<br />Resolution No. PC-94-40 <br />Page 7 <br /> <br />l3. All trees used in landscaping be a m1n1mum of l5 gallons in <br />size and all shrubs a minimum of 5 gallons, unless otherwise <br />shown on the approved landscape plan. <br /> <br />14. All landscaping shall be installed within nine months of final <br />building inspection. <br /> <br />15. The developer shall enter into an agreement with the City, <br />approved by the City Attorney, which guarantees that all <br />landscaping and open space areas included in this project will <br />be maintained at all times in a manner consistent with the <br />approved landscape plan for this development. Said agreement <br />shall run with the land for the duration of the existence of <br />the structures located on the subject property. <br /> <br />16. No trees shall be removed other than those specifically <br />designated for removal on the approved plans or tree report. <br />The developer shall post cash, letter of credit, or other <br />security satisfactory to the Planning Director in the amount <br />of $5,000 for each tree required to be preserved, up to a <br />maximum of $25,000. This cash bond or security shall be <br />retained for one year following completion of construction and <br />shall be forfeited if the trees are destroyed or substantially <br />damaged. <br /> <br />17. Neither residence "A" or residence "B" shall be sold <br />independently of each other, or independently of the parcel on <br />which they are located, or independently of any other <br />structures located on this parcel, identified as Parcel A, a <br />2.1-acre parcel of Parcel Map 6696, a legally recorded 4-lot <br />subdivision of a 60.5-acre portion of the 91-acre Oak Tree <br />Farm property. Exceptions to this condition shall be made <br />only if the subject structure is to be removed from the <br />parcel. Such exception shall require the review and approval <br />of the Planning Director and City Attorney. This condition <br />shall be indicated on the deed restriction and required real <br />estate disclosure document for this lot. <br /> <br />18. At such time as any new structure is proposed to be <br />constructed, or is constructed, on Parcel A of Parcel Map 6696 <br />as described above, both residence "A" and residence "B" and <br />the studio apartment within the utility barn shall be removed <br />or demolished. Should any proposed construction of a new home <br />on this lot (Parcel A of Parcel Map 6696) be proposed without <br />removal of residence "A" or "B," it shall necessitate the <br />application and approval of a PUD major modification. This <br />condition shall be indicated on the deed restriction and <br />required real estate disclosure document for this lot. <br />