Agenda - Council - 01/25/2000 - Laserfiche WebLink

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,I ! I I I I I I o Upon completion of the installation of the plantings, the financial guarantee shall be returned to the Permittees and the Permittees shall be required to provide a landscape maintenance guarantee in the amount of Dollars ($ ) The determination of completion of the installation of the plantings shall be made by the City Engineer or his/her designee. It is herein agreed that the purpose of the maintenance guarantee is to insure the survival of the plantings. Said maintenance guarantee shall consist of cash or a letter of credit, approved as to form by the City, 'and shall be in effect for a two year period commencing on the date of the City's acceptance of said plantings. At the end of the two year period, the maintenance guarantee shall be returned to the Permittces. The determination that all of the plantings that have been planted in accordance with thc Landscape Plan have either survived or have been replaced shall be made by the City..~-, the event the Permittees fail to maintain th,:; required plantings for a two year period, the Ci~, shall provide notice to the Permittees of the default condition an/t establish a thirty (30) d:~y time frame in which the Permittees may remedy the default c~ndition. If the Perm,2: ~s fail to do so wiS~in the 30 day time frame, the City Adm~n:.'~-a:ator or his/her desig,~c ~ may order the re*,lacement of planting~ x,.,ith City day labor a_~_d/or by letting cont' ~.'ts c. nd draw upon the e~crow for payment. Cn. ly the City Administ?tor shall have the autI~c";~,~ to direct replacem~,..'[ cf the plantings ar~d '~?[thdraw from the es~..,~w account. The Pert,~!~-' '.; hereby grant F:~"~.nission and a license '~o the City and/or ~.i:s contractors and assiD..s "~ enter upon the 7i:.c for the purpose vf ?,placing plantings in the event of the Penni~-' ts default. Prior t~, tlxe issuance of a [.~ailding permit for the ~e'.~'er, the Permittees z"::.l! supply the City with Trmation that the v,.c, posed tower will ~:.omply with any aI:,~lic~ble regulations admi;--'.~.~ered by the Fede"al Aviation Adminis'u'a.t~.on and a report from a qualified and lictor: .:t professional engin~eei which demonstrates the tower's complia~:e with structural and e: ~:~rical (but not ratio frequency) standardc~ as described in Secdc0n 9.15.16 of the Ramsay City Code. 8. The chain link security fence shall be installed and maintained in accordance with the approved site plan to prevent unauthorized entry to the site. 10. In the event the tower is not removed within 12 months of the cessation of operations at the site, the tower and associated facilities may be removed by the City and the costs of removal assessed against the Permittees. In the event the Permittees fail to remove the tower and associated facilities as required herein, the City shall provide notice to the Permittees of the default condition and establish a thirty (30) day time frame in which the Permittees may remedy the default condition. If the Permittees fail to do so within the 30 day time frame, the City Administrator or his/her designee may order the removal with City day labor and/or by letting contracts for said removal. Only the City Administrator or his/her designee shall have the authority to direct the removal and assess the costs to the property owner. The Permittees hereby grant permission and a license to the City and/or its contractors and assigns to enter upon the Subject Property for the purpose of removing structures and equipment in the event of the Permittees default. No part of the proposed use will at any time extend across or over any part of the public right-of-way, public street, highway, sidewalk, or recreational trail. RESOLUTION #98-07-161 Page 2 of 5