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No occupancy permit shall be issued until: (a) vehicular access to the lot is provided <br />including the installation of at least one layer of bituminous surfacing within the parking lot <br />and maneuvering areas; (b) all utilities are in place, operational and accepted by the CITY; <br />(c) the required improvements have been accepted by the City and the required financial <br />sureties are received by the CITY. <br /> <br />SECTION IV <br />LANDSCAPING <br /> <br />15. Maintenance Guarantee for Landscaping. It is herein agreed that the Developer shall <br /> provide a maintenance guarantee to ensure the survival of the plantings for the facility. 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 $1,935 [# plantings (19 trees; 91' shrubs) x cost/planting ($100/tree, <br /> $50/shrub x 30% average non-survival rate], which shall be in effect for a two-year period <br /> commencing on the date of the City's acceptance of said plantings as part of the Required <br /> Improvements outlined in paragraph #8. <br /> <br />At the end of the two-year period, the maintenance guarantee shall be returned to the <br />Developer. The determination that all plantings that have been planted in accordance with <br />the Plat have either survived or have been replaced shall be made by the Community <br />Development Department. In the event the Permittee fails to maintain the required plantings <br />for a two-year period, the City Council may order the replacement of plantings with City day <br />labor and/or by letting contracts and draw upon the escrow for payment. Only the City <br />Council shall have the authority to direct replacement of the plantings and withdraw from the <br />escrow account. The Permittee hereby grants permission and a license to the City and/or its <br />contractors and assigns to enter upon the Site for the purpose of replacing plantings in the <br />event of the Permittee's default. <br /> <br />16. Tree Disease Prevention and Disposal. The DEVELOPER shall prevent the introduction <br /> and spread of tree disease into the residual tree populations of the Plat and adjoining <br /> properties as well as mitigate the effects of construction activity on tree health, within and <br /> outside of the Plat. The DEVELOPER, in order to protect trees from construction damage <br /> shall: <br /> <br />a) Install physical barriers, such as snow fence, around trees that are to remain after <br /> initial grading. The fencing shall be located at the dripline of these 'save' trees. <br /> <br />b) <br /> <br />Insure that all equipment operators will have readily available, a tree wound dressing <br />and will apply it immediately to damaged oak trees if wounding occurs from April 15 <br />through July 15. <br /> <br />Ramsey Town Center 4th Addition <br />NAU/Sharp and Associates <br />Development Permit <br /> Page 6 of 10 <br /> <br /> <br />