Agenda - Council - 07/22/2003 - Laserfiche WebLink

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14. 15. 16. by the City Council after consultation with the City Engineer. In the event the Permittee fails to construct and install the Requ/red. Improvements as required here/n, the City Council may order the completion of the Requir~ed Improvements with City, day labor and/or by letting contracts for said completion and draw upon the escrow for payment. Only the City Council shall have the authority to direct completion of the Required Improvements and withdraw from the escrow account. The Permittee hereby grants permission and a license to the City and/or its contractors .and assigns to enter upon the Site for the purpose of completing the construction and installation of the Required Improvements in the event of the Permittee's default. ~ MAINTENANCE GUARANTEE FOR LANDSCAPING. It is herein agreed that the Developer shall provide a maintenance guarantee to ensure the survival of the plantings for the Town Center Gardens Subdivision. Said maintenance guarantee shall consist of cash or a Letter of Credit, approved as to form by the City, in the amount of Forty-Five Thousand Sixty Dollars ($40,060.00) [# plantings (403 trees; 2198 shrubs) x cost/planting ($100/tree, $50/shrub x 30% average non-survival rate], which shall be in effect for a two-year per/od commencing on the date of the City's acceptance of said plantings as part of the Required Improvements. At the end of the two-year period, the maintenance guarantee shall be returned to the Developer. The determination that all plantings that have been planted in accordance with the Site Plan have either survived or have been replaced shall be made by the Community Development Department. In the event the Permittee fails to maintain the required plantings for a two-year period, the City Council may order the replacement of plantings with City day labor and/or by letting contracts and draw upon the escrow for payment. Only the City Council shall have the authorit, y to direct replacement of the plantings and withdraw from the escrow account. The Permittee hereby grants permission and a license to the City and/or its contractors and assigns to enter upon the Site for the purpose of replacing plantings in the event of the Permittee's default. RECOGNITION OF LOCATION. The Permittee herein agrees to recognize Ramsey as the City of location for the development on ail .forms of advertising and business correspondence. AGREEMENT BINDING ON HEIRS, ETC. The DEVELOPER agrees that this Development Agreement shall be binding upon their successors and assigns. Breach of any of the terms of this Development Agreement by the DEVELOPER shall be grounds for denial of building permits for buildings in the Plat. -310- Town Center Gardens Development Permit Page 3 of 5