Agenda - Council - 07/12/2016 - Laserfiche WebLink

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the Plat and certified to the County Auditor for collection in the manner as taxes and special assessments are certified and collected. The DEVELOPER herein grants permission and a license to the CITY or its contractors and assigns to enter upon the Plat for the purpose of cleaning the private streets and/or driveway collectors. The DEVELOPER shall also be responsible for including these provisions in the covenants drafted as a part of the homeowner's association. 18. Time of Performance. The DEVELOPER shall install all Required Improvements by May 1, 2005. The DEVELOPER may, however, request an extension of time from the CITY. If an extension is granted, it shall be conditioned upon updating the security posted by the DEVELOPER to reflect cost increases. 19. Ownership of Improvements. Upon the completion of the work and construction required to be done by this Agreement, the Improvements lying within Jblic easements shall become CITY property without further notice or action. 20. Landscaping. a. Compliance With Plans. The DEW- JL 7. shall landscape the Plat in accordance with approved plans. The landscaping shall JP . c . iplished in accordance with a time schedule approved by the CITY. b. Maintenance Guarantee .�i L �caping. The DEVELOPER shall provide a maintenance guarantee to ensure th.. xa of the plantings for the for the Plat. Said maintenance guarantee shall consist of cas, c-tter of Credit, approved as to form by the CITY, in the amount of $33,300 [rev ..: d p) angs (387 trees; 1446 shrubs) x cost/planting ($100/tree, $50/shrub x 30% averag ,urvival rate], which shall be in effect for a two-year period commencing on the date ` . CITY's acceptance of said plantings as part of the Required Improvements. The E _1 ;.,OPER shall be required to establish with the CITY an escrow to secure payment or i,' )'3,300.00 (the "Landscaping Escrow"). At the end of ' .r o- year period, the maintenance guarantee shall be returned to the DEVELOPER. Th' -1 `t..nination that all plantings that have been planted in accordance with the Subject Property ave either survived or have been replaced shall be made by the Community Development Department. In the event the DEVELOPER fails to maintain the required plantings for a two-year period, the CITY Council may order the replacement of plantings with CITY day labor and/or by letting contracts and draw upon the escrow for payment. Only the CITY Council shall have the authority to direct replacement of the plantings and withdraw from the escrow account. The DEVELOPER hereby grants permission and a license to the CITY and/or its contractors and assigns to enter upon the Site for the purpose of replacing plantings in the event of the DEVELOPER's default. c. Tree Disease Prevention and Disposal. The DEVELOPER shall prevent the introduction and spread of tree disease into the residual tree populations of the Subject Property and adjoining properties as well as mitigate the effects of construction activity on tree health, within and outside of the Subject Property. The DEVELOPER, in order to protect trees from construction damage shall: Ramsey Town Center 2"d Addition Development Contract Page 6 of 13 Pages