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In the event that Owners desire to remove or replace <br />any plant material on the Property which has created, or <br />will create a visual barrier with respect to a neighboring, <br />downhill property, Owners shall, prior to removal and <br />replacement, obtain the approval of the Planning Director <br />for the removal and/or replacement. The Planning Director <br />shall grant approval for removal or replacement of dead or <br />undesired plant material if all neighboring, downhill <br />property owners agree in writing to the removal or <br />replacement. <br /> <br /> 3. Owners shall properly maintain at all times the <br />concrete "V" ditch adjacent to the rear property line of the <br />Property, making the "V" ditch continuously available to <br />pass storm drainage at the full capacity to which it was <br />designed. <br /> <br /> 4. Owners' regrading of the Property as it exists as <br />of November 1, 1992, substantially conforms to the revised <br />grading plan dated and received May 24, 1990, on file with <br />the Planning Department. City accepts all such regrading as <br />it currently exists and will raise no further objection to <br />it unless it is materially altered. <br /> <br /> 5. The retaining walls installed as part of the <br />regrading meet the requirements of the improvement plans for <br />Tract 5835 and Tract 5849 on file with the Public <br />Works/Engineering Department and meet the requirements of <br />the Building Code and permits have been secured and approved <br />for the walls. City accepts all such retaining walls as <br />they currently exist and will raise no objection to any of <br />them unless they are materially altered. <br /> <br /> 6. If Owners, or their successors in interest, desire <br />to regrade the Property, Owners shall submit a new gradin~ <br />plan and the procedures outlined in paragraph 1 of this <br />Agreement shall be followed as to notice to the adjacent <br />neighbors and review by the City; provided, however, that <br />nothing in this paragraph shall prevent Owners and City from <br />agreeing to conditions which differ, vary or conflict with <br />these conditions in the event Owners desire to install <br />additional retaining walls. <br /> <br /> 7. If other or additional retaining walls are to be <br />constr~cted on the Property, Owners shall design the <br />retaining wall height in such a manner that it shall be at <br />least 6 feet below (in elevation) the top of the Property <br />line fence at all points perpendicular to the retaining <br />wall. The Property line fence may be increased in height up <br />to a maximum of 9 feet above grade in order to meet the 6 <br />foot effective height requirement. The Property line fence <br />shall be reconstructed as necessary to be solid 6 feet in <br />height above the elevation of its adjacent retaining wall <br />segment. If the lattice section is replaced to achieve the <br />solid fence requirements, matching lattice shall be applied <br /> <br />- 3 - <br /> <br /> <br />