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made by MPOA shall be made in conformance with City -established <br />plans and specifications. Approval of such modification and/or <br />additions must first be obtained from the Director, in his <br />reasonable discretion, before any permits will be issued for such <br />modification or additions. <br />(c) In the event of any dispute between MPOA and the Director <br />concerning the propriety of any condition or requirement of the <br />Director regarding the Landscaping or the Street Lighting, the <br />parties shall make a good faith effort to resolve such dispute. In <br />the event, however, that such resolution does not occur, the <br />decision of the Director, in his reasonable discretion, shall <br />control. <br />6. COSTS <br />(a) All costs of installation and maintenance of (i) <br />Landscaping in the Public Right -of -Way during the period in which <br />this Agreement remains in effect, including costs of water (but not <br />including watering of trees), electricity and replacement <br />landscaping and (ii) the Street Lighting installed by MPOA pursuant <br />to this Agreement, including, but not limited to, electrical bills <br />and charges, shall be borne by MPOA. <br />(b) If, at any time while this Agreement remains in effect, <br />the Site is included within an assessment district created by <br />the City to assess any maintenance costs of Landscaping and/or <br />Street Lighting against the properties benefitted thereby, the City <br />shall not assess costs attributable to maintenance of Landscaping <br />in the Public Right -of -Way or of Street Lighting installed by MPOA <br />9 <br />