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-318- <br /> <br />order the completion of the Required Improvements with City day labor and/or by letting <br />contracts for said completion and draw upon the escrow for payment. Only the CiW Council <br />shall have the authonry to direct completion of the Required Improvements and withdraw <br />from the escrow account. The Pennittee hereby grants permission and a license to the City <br />and/or its contractors and assi_.~ns 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. <br /> <br />MAINTENA. NCE GU,'~d~kNTEE FOR L,MNDSCAPIaNG. it is herein agreed that the <br />Developer shall provide a maintenance guarantee to ensure the survival of the plantings for <br />the Alp/ne Meadows Subdivision. Said maintenance guarantee shall consist of cash or a <br />Letter of Credit, approved as to form by the City., in the amount of four thousand one hundred <br />ten dollars and no cents ($27,840.00) [# plantings (169 trees; 1518 shrubs) x cost/planting <br />($!.00/tree, $50/shrub x 30% average non-survival rate], 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 Lmprovemenrs. <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 City Enbdneer. <br />In the event the Permittee fails to maintain the required plantings for a two-year period, the <br />City, Council may order the replacement of plantings with City day labor and/or by letting <br />contracts and draw upon the escrow for payment. Only the Ci.ty Council shall have the <br />authority to direct replacement of the plantings and withdraw from the escrow account. The <br />Permittee hereby gants permission and a license to the City and/or its contractors and <br />ass/g-ns to enter upon the Site for the purpose of replacing plantings in the event of the <br />Perrnirtee's default. <br /> <br />15. <br /> <br />RECOGNITION OF LOCATION. The Permit-tee herein agees to recognize Ramsey as <br />the City, of location for the development on all forms of advertising and bus/ness <br />correspondence. <br /> <br />16. <br /> <br />AGREErVFENT B~NDING ON HEIRS, ETC. The DEVELOPER a_m'ees that ti-tis <br />Development Agreement shall be binding upon their successors and assigns. Breach of any <br />of the terms of this Development A~eement by the DEVELOPER shall be grounds for <br />denial of building permits for buildings in the Plat. <br /> <br />Edina Development, hereby acknowledge receipt of th/s Perrmt and that they have reviewed the <br />conditions of th.is permit and have agreed that they will comply with the terms of this Permit. <br /> <br />Edina Development <br /> <br />By: <br /> <br />Its: <br /> <br />Evergreen Point Townhomes Development Permit <br /> Page 3 of 5 <br /> <br /> <br />