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-250- <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 GUARANTEE FOR LANDSCAPING. It is herein agreed that the <br />Permit-tee 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 One Thousand Nine Hundred Twenty Dollars and no cents <br />($1.920) [# plantings (I8 trees, 92 shrubs)x coSt/planting ($100/tr, ee, $50/shrub) x 30% <br />average non-survival rate], which shall be in effect for a two year period commencing on <br />the date of the City's acceptance 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 shaIt 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 1he Permittee's <br />default. <br /> <br />14. <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 />correspondence. <br /> <br />15. <br /> <br />OUTSIDE REGULATORY AGENCIES. The Permittee herein agrees to be <br />responsible for obtaining ali required permits or licenses from any other regulatory <br />agencies. <br /> <br />Lyndale' Terminal 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 />LYNDALE TERMINAL COMPANY: <br /> <br />By: <br /> <br />Its: <br /> <br /> <br />