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S <br />6. LIGHTING. Lighting shall be installed on the site in accordance with the specifications and locations <br />as shown on the Lighting Plan prepared by South Side Electric dated July 30, 2003 <br />7. BUILDING FACADE. The Permittees agree to construct all building faces of the same material as <br />listed on the Building Elevations prepared by Fischer Engineering dated July 19, 2003, Revised <br />September 9, 2003. <br />S. REQUIREMENTS FOR BUILDING PERMIT. No building permit for the Site will be issued until <br />the Permittees have: a) signed and returned this Development Permit; and b) provided the City with a <br />copy of the LRRWMO and MPCA permits. No Certificate of Occupancy for the structure will be issued <br />until the Required Improvements, or a financial surety for same, are accepted by the City. <br />9. IMPROVEMENT CONSTRUCTION SCHEDULE. The Required Improvements shall be completed <br />before October 1, 2004. <br />10. RECOGNITION OF LOCATION. The Permittees herein agree to recognize Ramsey as the City of <br />location on all forms of advertising and business correspondence whenever reasonably prudent to do so. <br />11. ESCROW CHARGES. In order to ensure the installation of the Required Improvements in accordance <br />with City specifications and in a timely manner, the Permittees shall be required to deposit with the City <br />a cash escrow or letter of credit, approved as to form by the City, in the amount of One Hundred <br />Thirteen Thousand and Ninety -One dollars and no cents ($113,091.00), which is 150% of the City's <br />estimated cost of the Improvements. Prior to the issuance of the building permit, all financial guarantees <br />must be provided as required herein <br />Upon completion of the construction of the Required Improvements, the financial guarantee shall be <br />returned to the Permittees and the Permittees shall be required to provide the landscaping maintenance <br />guarantee described in Item #12 of this Development Permit. The determination of completion of the <br />construction of the Required Improvements shall be made by the City Council after consultation with <br />the City Engineer. In the event the Permittees fail to construct and install the Required Improvements as <br />required herein, the City Council may order the completion of the Required Improvements with City day <br />labor and/or by letting contracts for said completion and draw upon the escrow for payment. Only the <br />City Council shall have the authority to direct completion of the Required Improvements and withdraw <br />from the escrow account. The Permittees hereby grant permission and a license to the City and/or its <br />contractors and assigns to enter upon the Site for the purpose of completing the construction and <br />installation of the Required Improvements in the event of the Permittees' default. <br />12. INSPECTION FEES. The DEVELOPER shall be responsible for all inspection costs incurred by the <br />City related to the installation of Required Improvements The DEVELOPER shall make a cash <br />deposit into the appropriate escrow account at the City and the City shall have the authority to draw <br />upon these funds for the purpose of compensating for inspection services. The amount of the deposit <br />shall be equal to five percent (5%) of the estimated cost of the Required Improvements. Therefore, the <br />amount is Three Thousand Seven Hundred Sixty Nine Dollars and no cents ($3,769.00) (5% x <br />$75,394.00). Upon completion of the Improvements to the satisfaction of the City, any surplus balance <br />remaining in the City's escrow account shall be refunded to the DEVELOPER <br />13. MAINTENANCE GUARANTEE FOR LANDSCAPING. It is herein agreed that the Permittees <br />shall provide a maintenance guarantee to ensure the survival of the plantings Said maintenance <br />guarantee shall consist of cash or a letter of credit, approved as to form by the City, in the amount of <br />$3,360.00 [# plantings (33 trees, 158 shrubs) x cost/planting ($100/tree, $50/shrub) x 30% average non- <br />survival rate], which shall be in effect for a two year period commencing on the date of the City's <br />25 <br />