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I <br /> <br />I <br />I <br />I <br />I <br />I <br /> <br />I <br />I <br />I <br />I <br />I <br /> <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />12. <br /> <br />13. <br /> <br />14. <br /> <br />15. <br /> <br />MAINTENANCE GUARANTEE FOR LANDSCAPING. It is herein agreed that th¢Permittee shall <br />provide a maintenance guarantee to ensure the survival of the plantings. Said maintenance guarantee <br />shall consist of cash or a letter of credit, approved as to form by the City, in the amount of One <br />Thousand Six Hundred Twenty Dollars and no cents ($1,620) [# plantings (22 trees, 64 shrubs) x <br />cost/planting ($100/tree, $50/shrub) x 30% average non-survival rate], which shalI 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 Required <br />Improvements. <br /> <br />At the end of the two year period, the maintenance guarantee shall be returned to the Permittee. The <br />determination that all plantings that have been planted in accordance with the Site Plan haVe either <br />survived or have been replaced shall be made by the City Council after consultation with the City <br />Engineer. 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 contracts and <br />draw upon the escrow for payment. Only the City Council shall have the authority to direct replacement <br />of the plantings and withdraw from the escrow account. The Permittee hereby grants permission and a <br />license to the City and/or its contractors and assigns to enter upon the Site. for the purpose of replacing <br />plantings in the event of the Permittee's default. <br /> <br />OUTSIDE REGULATORY AGENCIES. The Permittee herein agrees to be <br />responsible for obtaining all required permits or licenses from any other regulatory agencies. <br /> <br />RECOGNITION OF LOCATION. The Permittee herein agrees to recognize Ramsey as the City of <br />location on all forms of advertising and business correspondence whenever reasonably prudent to do so. <br /> <br />AGREEMENT BINDING ON HEIRS, ETC. The DEVELOPER agrees that this Development <br />Agreement shall be binding upon their successors and assigns. Breach of 'any of the terms of this <br />Development Agreement by the DEVELOPER shall be grounds for denial of'building permits for <br />buildings in the Plat. <br /> <br />-317- <br /> <br /> <br />