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escrow account. The Permit-tee hereby gants 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 Perrrdttee's <br />default. <br /> <br />13. <br /> <br />MAINTENANCE GUARAa'N-TEE FOR LANDSCAPING. It is herein agreed that the <br />Pennittee 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, ha the amount of One Thousand Eig_ab.t Hundred Seventy Five Dollars and no <br />cents ($1,875.00) [# plantings (20 trees, 85 shrubs) x cost/planting ($100/tree, $50/shrub <br />x 30% average non-survival rate], which shall be in effect for a two year period <br />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 <br />Permittee. The determination that ali 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 event the Permit-tee 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 shalI 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 City and/or its contractors and assigns to <br />enter upon the Site for the purpose of rep[acing plantings in the event of the Permittee's <br />default. <br /> <br />13. <br /> <br />MUNICIPAL UTILITIES: Notwithstanding any City Charter provision to the contrary, <br />the Permittee agrees that it will connect to City municipal utilities within two (2) years of <br />their availability to the site. The Permit'tee also agrees to be specially assessed for the <br />benefit of the utilities pursuant to the then City special assessment policy. <br /> <br />14. <br /> <br />RECOGNITION OF LOCATION. The Permit-tee herein agrees to recognize Rarnsey <br />as the City of location for the facility on all forms of advertising and business <br />correspondence. <br /> <br />M&G Leasing, Inc., hereby acknowledges receipt of this permit and '~hat they have reviewed the <br />conditions of this permit and have agreed that they will comply with the terms of this permit. <br /> <br />M & G LEASING, INC. <br /> <br />By: <br /> <br />Its: <br /> <br />-251- <br /> <br /> <br />