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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 Orchard Hills Subdivision. Said maintenance guarantee shall consist of cash or a Letter <br /> of Credit, approved as to form by the City, in the amount of four thousand one hundred <br /> twenty five dollars and no cents ($4,125.00) [# plantings (115 trees, 45 shrubs) x <br /> cost/planting ($100/tree, $50/shrub x 30% average non-survival rate], which shall be in effect <br /> for 'a two-year period commencing on the date of the City's acceptance of said plantings as <br /> part of the Required Improvements. <br /> <br />15. <br /> <br />-260- <br /> <br />16. <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 ,;yith <br />.the SitekPlan have either surVived or have been replaced shall be made by.the City Engineer. <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 City Council shall have the <br />authority to direct replacement of the plantings and withdraw from the escrow account. The <br />Permittee hereby grants permission and a license to the C~ty and/or: its contractors and <br />assigns .to enter upon the Site for the purpose of replacing plantings in the event of the <br />Permit:tee' s default. <br /> <br />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 />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 />Homestead Multi-Family Development, hereby acknowledge receipt of this Permit and that they <br />have reviewed the conditions of this permit and have agreed that they will comply with the terms <br />of this Permit. <br /> <br />Homestead Multi-Family Development <br /> <br />Its: <br /> <br />STATE OF MINNESOTA <br />COUNTY OF <br /> <br />) <br />) ss <br /> <br />Orchard Hills Development Permit <br /> Page 4 of 5 <br /> <br /> I <br /> ! <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> <br />I <br />I <br />I <br />I <br />I <br />I' <br />I <br />I <br />I <br /> <br /> <br />