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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 <br />Council after consultation with the City Engineer. In the event the Permittee fails to <br />maintain the required plantings for a two year period, the City Council may order the <br />replacement of plantings with City day labor and/or by letting contracts and draw upon <br />the escrow for payment. Only the City Council shall have the authority to direct <br />replacement of the plantings and withdraw from the escrow account. The Permittee <br />hereby grants permission and a license to the City and/or its contractors and assigns to <br />enter upon the Site for the purpose of replacing plantings in the event of the Permittee's <br />default. <br /> <br />14. <br /> <br />MUNICIPAL UTILITIES. Notwithstanding any City Charter provision to the contrary, <br />the Permittee agrees that it will connect to City municipal utilities within two (2) years of <br />their availability to the site. The Permittee al. so agrees to be specially assessed for the <br />benefit of the utilities pursuant to the then City special assessment policy. <br /> <br />15. <br /> <br />RECOGNITION OF LOCATION. The Permittee herein agrees to recognize Ramsey <br />as the City of location for the facility on all forms of advertising and business <br />correspondence. <br /> <br />M&W Holding Company, 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 <br />this permit. <br /> <br />M & W Holding Company <br /> <br />By: <br /> Jeffrey Wise <br />Its: Vice President <br /> <br />STATE OF MINNESOTA) <br /> ) ss. <br />COUNTY OF ) <br /> <br />On this__day of ., 2004, before me a Notary' Public, personally <br />appeared ., the of M & W Holding Company, a <br />corporation under the laws of the State of Minnesota, on behalf of the corporation. <br /> <br />Notary Public <br /> <br /> <br />