RES 92204 - Laserfiche WebLink

In the event that Owners desire to remove or replace any plant material on the Property which has created, or will create a visual barrier with respect to a neighboring, downhill property, Owners shall, prior to removal and replacement, obtain the approval of the Planning Director for the removal and/or replacement. The Planning Director shall grant approval for removal or replacement of dead or undesired plant material if all neighboring, downhill property owners agree in writing to the removal or replacement. 3. Owners shall properly maintain at all times the concrete "V" ditch adjacent to the rear property line of the Property, making the "V" ditch continuously available to pass storm drainage at the full capacity to which it was designed. 4. Owners' regrading of the Property as it exists as of November 1, 1992, substantially conforms to the revised grading plan dated and received May 24, 1990, on file with the Planning Department. City accepts all such regrading as it currently exists and will raise no further objection to it unless it is materially altered. 5. The retaining walls installed as part of the regrading meet the requirements of the improvement plans for Tract 5835 and Tract 5849 on file with the Public Works/Engineering Department and meet the requirements of the Building Code and permits have been secured and approved for the walls. City accepts all such retaining walls as they currently exist and will raise no objection to any of them unless they are materially altered. 6. If Owners, or their successors in interest,-desire to regrade the Property, Owners shall submit a new grading plan and the procedures outlined in paragraph 1 of this Agreement shall be followed as to notice to the adjacent neighbors and review by the City; provided, however, that nothing in this paragraph shall prevent Owners and City from agreeing to conditions which differ, vary or conflict with these conditions in the event Owners desire to install additional retaining walls. 7. This Agreement contains all of the agreements of the parties hereto with respect to the matters contained herein, and no prior or contemporaneous agreement or understanding, oral or written, pertaining to any such matters shall be effective for any purpose. No provision of this Agreement may be amended or added to except by an agreement in writing signed by the parties hereto or their respective successors in interest that expressly states it is an amendment of this Agreement. - 3 -