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12. MAINTENANCE GUARANTEE FOR LANDSCAPING. It is herein agreed that r <br />the 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 One Thousand One Hundred Twenty Five Dollars and no <br />cents ($1,125.00) (# plantings x cost/planting 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 />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 shall be made by the City Council <br />after consultation with the City Engineer. In the event the Permittee fails to maintain the <br />required plantings for a two year period, the City Council may order the replacement of <br />plantings with City day labor and/or by letting contracts and draw upon the escrow for <br />payment. Only the City Council shall have the authority to direct replacement of the <br />plantings and withdraw from the escrow account. The Permittee hereby grants permission <br />and a license to the City and/or its contractors and assigns to enter upon the Site for the <br />purpose of replacing plantings in the event of the Permittee's default. <br />13. The Permittee herein agrees to recognize Ramsey as the City of location for the facility on <br />all forms of advertising and business correspondence. <br />North Lake Properties, Inc. 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 this <br />permit. <br />NORTH LAKE PROPERTIES, INC. <br />B y : <br />Its: - <br />STATE OF MINNESOTA } <br />) SS. <br />COUNTY OF- ) <br />On this day of 1995, before me a Notary Public, personally <br />appeared Wayne L. Johnson, the President of North Lake Properties Inc., a corporation under the <br />laves of the State of Minnesota, on behalf of the corporation. <br />Notary Public <br />