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Exhibit C <br /> <br />Upon completion of the construction of the Required Improvements, including the <br />removal of temporary erosion control measures as identified in the approved grading <br />plan, the financial guarantee shall be returned to the Permittee and the Permit-tee shall be <br />required to provide the landscaping maintenance guarantee described in Item #14 of this <br />Development Permit. The determination of completion of the construction of the <br />Required Improvements shall be made by-the City Council after consultation with the <br />City Engineer. In the event the Permittee fails to construct and install the Required <br />Improvements as required herein, the City Council may order the completion of the <br />Required Improvements with City day labor and/or by letting contracts for said <br />completion and draw upon the escrow for payment. Only the City Council shall have the <br />authority to direct completion of the Required Improvements and withdraw from the <br />escrow account. The Permittee hereby grants permission and a license to the City and/or <br />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. <br /> <br />MAINTENANCE GUARANTEE FOR LANDSCAPING. It is herein agreed that the <br />Permittee shall provide a maintenance guarantee to ensure the survival of the plantings. <br />Said maintenance guarantee shall consist of cash or a letter of credit, approved as to form <br />by the City, in the amount of nine hundred fifteen dollars ($915) [# plantings (26 trees, 9 <br />shrubs) x cost/planting ($100/tree, $50/shrub) x 30% average non-survival rate], wi-rich <br />shall be in effect for a two year period commencing on the date of the City's acceptance <br />of said plantings as part of the Required Improvements. <br /> <br />At the end of the two year period, the maintenance guarantee shall be returned to the <br />Permittee. 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 <br />Council after consultation with the City Engineer. In the eYent the Permittee fails to <br />maintain the required plantings for a two year period, the City Council may order the <br />replacement of plantings with City day labor and/or by letting contracts and draw upon <br />the escrow for payment. Only the City Council shall 'have the authority to direct <br />replacement of the plantings and withdraw from the escrow account. The Permittee <br />hereby grants permission and a license to the Cik'y and/or its contractors and assigns to <br />enter upon the Site for the purpose of replacing plantings in the event .of the Permittee's <br />default. <br /> <br />I5. <br /> <br />RECOGNITION OF LOCATION. The Permittee herein agrees to recognize Ramsey <br />as the City of location for the facility on all forms of advertising and business <br />correspondence. <br /> <br />Lundeen Holding Company, hereby acknowledges receipt of this permit and that they have <br />reviewed the conditions of this permit and have agreed that they will comply with the terms of <br />this permit. <br /> <br />-115- <br /> <br /> <br />