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Upon completion of the installation of the plantings, the financial guarantee shall be returned <br />to the Permittees and the Permittees shall be required to provide a landscape maintenance <br />guarantee in the amount of Dollars ($ ) The determination of <br />completion of the installation of the plantings shall be made by the City Engineer or his/her <br />designee. It is herein agreed that the purpose of the maintenance guarantee is to insure the <br />survival of the plantings. Said maintenance guarantee shall consist of cash or a letter of <br />credit, approved as to form by the City, and shall be in effect for a two year period <br />commencing on the date of the City's acceptance of said plantings. <br /> <br />At the end of the two year period, the maintenance guarantee shall be returned to the <br />Permittees. The determination that all of the plantings that have been planted in accordance <br />with the Landscape Plan have either survived or have been replaced shall be made by the <br />City. In the event the Permittees fail to maintain the required plantings for a two year period, <br />the City shall provide notice to the Permittees of the default condition and establish a thirty <br />(30) day time frame in which the Permittees may remedy the default condition. If the <br />Permittees fail to do so within the 30 day time frame, the City Administrator or his/her <br />designee may order the replacement of plantings with City day labor and/or by letting <br />contracts and draw upon the escrow for payment. Only the City Administrator shall have the <br />authority to direct replacement of the plantings and withdraw from the escrow account. The <br />Permittees hereby grant permission and a license to the City and/or its contractors and <br />assigns to enter upon the Site for the purpose of replacing plantings in the event of the <br />Permittees default. <br /> <br />Prior to the issuance of a building permit for the tower, the Permittees shall supply the City <br />with affirmation that the proposed tower will comply with any applicable regulations <br />administered by the Federal Aviation Administration and a report from a qualified and <br />licensed professional engineer which demonstrates the tower's compliance with structural <br />and electrical (but not radio frequency) standards, as described in Section 9.15.16 of the <br />Ramsey City Code. <br /> <br />8. The chain link security fence shall be installed and maintained in accordance with the <br /> approved site plan to prevent unauthorized entry to the site. <br /> <br />In the event the tower is not removed within 12 months of the cessation of operations at the <br />site, the tower and associated facilities may be removed by the City and the costs of removal <br />assessed against the Permittees. In the event the Permittees fail to remove the tower and <br />associated facilities as required herein, the City shall provide notice to the Permittees of the <br />default condition and establish a thirty (30) day time frame in which the Permittees may <br />remedy the default condition. If the Permit-tees fail to do so within the 30 day time frame, the <br />City Administrator or his/her designee may order the removal with City day labor and/or by <br />letting contracts for said removal. Only the City Administrator or his/her designee shall have <br />the authority to direct the removal and assess the costs to the property owner. The Permittees <br />hereby grant permission and a license to the City and/or its contractors and assigns to enter <br />upon the Subject Property for the purpose of removing structures and equipment in the event <br />of the Permittees default. <br /> <br />10. <br /> <br />No part of the proposed use will at any time extend across or over any part of the public <br />right-of-way, public street, highway, sidewalk, or recreational trail, <br /> RESOLUTION #98-07-161 <br /> Page 2 of 5 <br /> <br /> <br />