Agenda - Council - 10/26/2004 - 10/26/04

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reserves the right to suspend all building activities upon the CITY being notified by an outside agency that the appropriate permit(s) was not obtained from the applicable agency. No occupancy permit shall be issued until: (a) vehicular access to the lot is provided including the installation of at least one layer of bituminous surfacing within the parking lot and maneuvering areas; (b) all utilities are in place, operational and accepted by the CITY; (c) the Required Improvements have been accepted by the CITY and the required financial sureties are received by the CITY. SECTION III LANDSCAPING 14. Maintenance Guarantee for Landscaping. It is herein agreed that the DEVELOPER shall provide a maintenance guarantee to ensure the survival of the plantings for the Subject Property. Said maintenance guarantee shall consist of cash or a Letter of Credit, approved as to form by the CITY, in the amount of Nine Thousand Four Hundred Thirty Five Dollars and no cents ($9,435.00) [# plantings (148 trees; 333 shrubs) x cost/planting ($100/tree, $50/shrub) x 30% average non-survival rate], which shall be in effect for a two-year period commencing on the date of the CITY'S acceptance of said plantings as part of the Required Improvements outlined in Item #7 of this Permit. At the end of the two-year period, the maintenance guarantee shall be returned to the DEVELOPER. The determination that all plantings that have been planted in accordance with the Landscape Plan have either survived or have been replaced shall be made by the Community Development Department of the CITY. 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 maintenance guarantee for payment. Only the City Council shall have the authority to direct replacement of the plantings and withdraw from the maintenance guarantee. The DEVELOPER hereby grants permission and a license to the CITY and/or its contractors and assigns to enter upon the Subject Property for the purpose of replacing plantings in the event of the DEVELOPER'S default. 15. 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: a) Install physical barriers, such as snow fence, around trees that are to remain after initial grading. The fencing shall be located at the dripline of these 'save' trees. Ramsey Town Center 3rd Addition RAMDANCE, LLC Development Permit Page 6 of 10