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and install the required landscaping as required herein, the City Council may order the <br />completion of the required landscaping with City day labor and/or by letting contracts for <br />said completion and draw upon the escrow for payment. Only the City Council shall have <br />the authority to direct completion of the required landscaping and withdraw from the escrow <br />account. The Permittee hereby grants permission and a license to the City and/or its <br />contractors and assigns to enter upon the Subject Property for the purpose of completing the <br />installation of the required landscaping in the event of the Permittee's default. <br /> <br />The Permittee shall provide a maintenance guarantee to ensure the survival of the plantings. <br />The maintenance guarantee shall be in the amount of Dollars and no <br />cents ($ ) and the form of said guarantee shall be subject to the approval of the City. <br />The amount of the guarantee is based on $100.00 per tree and $50.00 per shrub, with a 30% <br />average non-survival rate. The guarantee shall be in effect for a two year period commencing <br />on the date of the City's acceptance of said plantings. At the end of the two year period, the <br />maintenance guarantee shall be returned to the Permittee. The determination that all <br />plantings have either survived or have been replaced shall be made by the City Engineer or <br />his/her designee. In the event the Permittee fails to maintain the required plantings for a two <br />year period, the City Council may order the replacement of plantings with City day labor <br />and/or by letting contracts and draw upon the escrow for payment. Only the City Council <br />shall have the authority to direct replacement of the plantings and withdraw from the escrow <br />account. The Permittee hereby grants permission and a license to the City and/or its <br />contractors and assigns to enter upon the Subject Property for the purpose of replacing <br />plantings in the event of the Permitteefs default. <br /> <br />6. The Permittee agrees that this CUP shall be binding upon their successors and assigns. <br /> <br />7. That the Permittee shall be responsible for all City costs incurred in administering and <br /> enforcing this CUP. <br /> <br />That the City Administrator, or his/her designee, shall have the right to inspect the Subject <br />Property for compliance and safety purposes aimually or at any time, upon reasonable <br />request. <br /> <br />The motion for the adoption of the foregoing resolution was duly seconded by Councilmember <br /> , and upon vote being taken thereon, the following voted in favor thereof: <br /> <br />and the following voted against the same: <br /> <br />and the following abstained: <br />and the following were absent: <br /> <br />whereupon said resolution was declared duly passed and adopted by the Ramsey City Council <br />this the __ day of ,1999. <br /> <br />Anoka Electric Cooperative (dba Connexus Energy) hereby acknowledges receipt of this permit <br />and that they have reviewed the conditions of this permit and have agreed that they will comply <br />with the terms of this permit. <br /> RESOLUTION #99-09- Page 2 of 3 <br /> <br /> <br />