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12. <br /> <br />MAINTENANCE GUARANTEE FOR LANDSCAPING. It is herein agreed that the <br />Permittee shall provide a maintenance guarantee to ensure the survival of the plantings. Said <br />maintenance guarantee shall consist of cash or a Letter of Credit, approved as to form by the <br />City, in the amount of Nine Thousand Dollars ($9,000.00) [# of plantings (222 trees and 157 <br />shrubs) x cost/planting ($100/tree and $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 of <br />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 ali plantings that have been planted in accordance with the <br />Site Plan have either survived or have been replaced shall be made by the City Council after <br />consultation with the City Engineer. In the event the Permittee fails to maintain the required <br />plantings for a two-year period, the City Council may order the replacement of plantings with <br />City day labor and/or by letting contracts and draw upon the escrow for payment. Only the <br />City Council shall have the authority to direct replacement of the plantings and withdraw <br />from the escrow account. The Permittee hereby grants permission and a license to the City <br />and/or its contractors and assigns to enter upon the Site for the purpose of replacing plantings <br />in the event of the Permittee's default. <br /> <br />13. <br /> <br />RECOGNITION OF LOCATION. The Permittee herein agrees to recognize Ramsey as <br />the City of location for the development on all forms of advertising and business <br />correspondence. <br /> <br />G.M. Homes, Inc., hereby acknowledge receipt of this Permit and that they have reviewed the <br />conditions of this permit and have agreed that they will comply with the terms of this Permit. <br /> <br />G.M. HOMES, INC. <br /> <br />By: By:. <br /> <br /> John Lamoureux Gene Shellerud <br />Its' Vice President Its: President <br /> <br />STATE OF MINNESOTA <br />COUNTY OF <br /> <br />On this .day of. <br /> <br />) <br /> ) ss. <br />.) <br /> <br />, 1997, before me, a Notary Public, personally appeared <br /> <br />John Lamoureux, the Vice President of G.M. Homes, Inc., a corporation under the laws of the <br />State of Minnesota, on behalf of the corporation. <br /> <br /> Notary Public <br /> <br />Sunfish Pond Development Permit <br /> Page 3 of 4 <br /> <br /> I <br />! <br /> I <br />! <br />I <br />I <br />! <br />I <br /> <br />I <br />i <br /> <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br /> <br />