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order the completion of the Required Improvements with City day labor and/or by letting <br />contraCts for said completion and d~,aw upon the escrow for payment. Only the City Council <br />shall have the authority to direct completion of the Required Improvements and withdraw <br />from the escrow account. The Permittee hereby grants permission and a license to the City <br />and/or its contractors and assigns to enter upon the Site for the purpose of completing the <br />construction and installation of the Required Improvements in the event of the Permittee's <br />default. <br /> <br />14. MAINTENANCE GUARANTEE FOR LANDSCAPING. It is herein agreed that the <br /> Developer shall provide a maintenance guarantee to ensure the survival of the plantings for <br /> the Alpine Acres Subdivision. Said maintenance guarantee shall consist of cash or a Letter of <br /> Credit, 'approved as to form by the City, in the amount of Sixty Eight Thousand Four <br /> Hundred and no cents ($68,400) [# plantings (1,068 trees; 2,424 shrubs) x cost/planting <br /> ($100/tree, $50/shrub x 30% average non-survival [ate], which shall be in effect for a two- <br /> year period commencing on the date of the City's acceptance of said plantings as part-of the <br /> Required Improvements. <br /> <br />At the end of the two-year period, the maintenance guarantee shall be returned to the <br />Developer. The determination that all plantings that have been planted in accordance with <br />the Site Plan have either survived or have been replaced shall be made by the Community <br />Development Department. In the event the Permittee fails to maintain the required plantings <br />for a two-year period, the City Council may order the replacement of plantings with City day <br />labor and~or by letting contracts and draw upon the escrow for payment. Only the City <br />Council shall have the authority to direct replacement of the plantings and withdraw from the <br />escrow aCcount. The Permittee hereby grants permission and a license to the City and/or its <br />contractors and assigns to enter upon the Site for the purpose of replacing plantings in the <br />event of the Permittee's default~ <br /> <br />15. RECOGNITION OF LOCATION. The Permittee herein agrees to recognize Ramsey as <br /> the City of location for the development on all forms of advertising and business <br /> correspondence. <br /> <br />16. AGREEMENT BINDING ON HEIRS, ETC. The DEVELOPER agrees that this <br /> Development Agreement shall be binding upon their successors and assigns. Breach of any <br /> of the terms of this Development Agreement by the DEVELOPER shall be grounds for <br /> denial of building permits for buildings in the Plat. <br /> <br />Oak Creek Builders Inc., hereby acknowledge receipt of this Permit and that they have reviewed <br />the conditions of this permit and have agreed that they will comply with the terms of this Permit. <br /> <br />Oak Creek Builders <br /> <br />By: <br /> <br />Its: <br /> <br />Alpine Acres Development.Permit <br /> Page 4 of 6 <br /> <br />-499- <br /> <br /> <br />