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<br />229446v1 <br />4476897.v2 <br /> 21. LANDSCAPING. Unless the lot already has two (2) trees on it, the Developer or lot purchaser <br />shall plant sufficient trees so that there are at least two (2) trees on every lot in the plat, one of which must be <br />planted in the front yard. Trees that are chosen by the Developer or property owner cannot cause a public <br />nuisance, such as cotton producing trees, or trees that may become a public hazard due to insect infestation <br />or weak bark. The minimum deciduous tree size shall be two (2) inches caliper, balled and burlapped. <br />Evergreen trees must be at least eight feet (8’) tall. The trees may not be planted in the right-of-way. The <br />Developer or lot purchaser shall sod the front yard, boulevard, and side yards to the rear of the structure on <br />every lot or as otherwise agreed between the City and the Developer. Weather permitting, the trees, sod, <br />and seed shall be planted within sixty (60) days after a home has received a certificate of occupancy. Before <br />a certificate of occupancy is issued, a cash escrow of $1,000.00 per lot shall be furnished the City to <br />guarantee compliance with the landscaping requirements. If the landscaping is not completed in a timely <br />manner, the City may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon <br />satisfactory completion of the landscaping the escrow funds, without interest, less any draw made by the <br />City, shall be returned to the person who deposited the funds with the City. All trees shall be warranted to <br />be alive, of good quality, and disease free for twelve (12) months after planting. Any replacements shall be <br />warranted for twelve (12) months from the time of planting. The Developer or property owner is responsible <br />for contacting the City when all the landscaping has been installed to set up an inspection. Fifty percent <br />(50%) of the security will be released when all the landscaping has been installed and inspected by City <br />staff and the remaining fifty percent (50%) will be released one year after the landscaping inspection and <br />any warranty work has been completed. <br /> 22. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: <br />A. Compliance with City Resolution No. _____ granting final plat approval and the conditions stated <br />therein. <br />B. Concurrent with the City accepting the public improvements, the Developer shall convey Outlot C <br />to the City by warranty deed, free and clear of any and all encumbrances. <br />Page 226 of 309