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<br />Councilmember Look introduced the following resolution and moved for its adoption: <br /> <br />RESOLUTION #09-02-031 <br /> <br />RESOLUTION AUTHORIZING STAFF TO DRAW UPON LANDSCAPING <br />MAINTENANCE GUARANTEE ESCROW FOR PAYMENT TO LANDSCAPE <br />CONTRACTOR FOR CORRECTION OF LANDSCAPING DEFICIENCIES AT <br />14443 ARMSTRONG BLVD NW <br /> <br />WHEREAS, on July 13, 2004 the Ramsey City Council approved a site plan for a <br />commercial building located at 14443 Armstrong Blvd NW (the "Subject Property"); and <br /> <br />WHEREAS, on July 30, 2004, a development permit between the City of <br />Ramsey (the "City") and both Hermanson Homes, Inc. and RE/MAX Real Estate <br />Properties, Inc. (the "Permittees") was executed (the "Development Pennie); and <br /> <br />WHEREAS, Item #4g of the Development Permit required the installation of <br />landscaping in accordance with the approved landscaping plan, prepared by Northland <br />Landscaping and Nursery, dated May 12, 2004 and revised on July 28, 2004 (the <br />"Landscape Improvements"); and <br /> <br />WHEREAS, Item #12 of the Development Permit required a landscaping <br />maintenance guarantee, in the amount of $1,995.00, to ensure the survival of the <br />Landscape Improvements for a period of two (2) years (the "Landscape Guarantee"); <br />and <br /> <br />WHEREAS, the City accepted the Landscape Improvements on July 1, 2005 <br />and on July 20, 2005 received the Landscape Guarantee from the Permittees; and <br /> <br />WHEREAS, on August 13, 2007, the City inspected the Landscape <br />Improvements, identified the necessary corrections to the Landscape Improvements <br />prior to release of the Landscape Guarantee, and notified the Permittees of the <br />necessary corrective measures (the "Corrective Measures"); and <br /> <br />WHEREAS, the City conducted several follow up inspections and made <br />multiple, albeit unsuccessful, attempts to contact the Permittees regarding the <br />Corrective Measures; and <br /> <br />WHEREAS, on August 17, 2007 the Subject Property was sold to Armstrong <br />Buildings, LLC (the "Property Owner"); and <br /> <br />WHEREAS, on July 11, 2008 the ~ity sent notice the Permittees, by letter, <br />which is herein incorporated by reference, requiring the completion of the Corrective <br />Measures and that failure to complete the Corrective Measures may result in the City <br />drawing upon the Landscape Guarantee to complete the Corrective Measures. <br /> <br />WHEREAS, on October 1, 2008, the Property Owner hired Gibbs Lawn (the <br />"Contractor") to complete the Corrective Measures and requested that funds from the <br />