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-218- <br /> <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 />13. <br /> <br />MAINTENANCE 'GUAtL~NTEE 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 ninety dollars ($990) [# plantings (13 treesl <br />40 shrubs) x cost/planting ($100/tree, $50/shrub x 30% average non-survival rate], which <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 />Permit'tee. 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 event 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 City 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 />14. <br /> <br />MIYNICIP.a~L UTILITIES. Notwithstanding any City Charter provision to the contrary, <br />the Permit-tee 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 />15. <br /> <br />RECOGNITION OF LOCATION. The Permit-tee herein agrees to recognize Ramsey <br />as the City of location for the facility on all forms of advertising and business <br /> <br />correspondence. <br /> <br />M&W 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 />M & W Holding Company <br /> <br />By: <br /> <br />Its: <br /> <br />I <br /> I <br /> I <br /> i <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br />'1 <br /> I <br /> I <br /> I <br /> ! <br /> I <br /> <br /> <br />