Agenda - Council - 11/14/2017 - Laserfiche WebLink

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plantings (451 trees; 2,230 shrubs) x cost/planting ($lOQltree, $5Olshrub) x 30% average non - survival rate], which guarantee shall be in effect for a two-year period commencing an the date of the CITY's acceptance of said plantings as part of the Required Improvements. RTC and T&C shall be required to establish with the CITY an escrow to secure payment of said $46,980 (the "Landscaping Escrow"). RTC shall be responsible for establishing the portion of the escrow allocated to landscaping for public streets; T&C shall be responsbile for establishing the portion of the escrow alleoated to landscaping for private streets, which allocation is shown on Exhibit A, The Landscaping Escrow does not include the plantings along Rhinestone St (42 trees), which are a part of the overall streetscape of Town Center that are covered through a separate surety. At the end of the two-year period, the maintenance g jaTantce escrow shall be returned to RTC and T&C in proportion to their contributions, The determination that all plantings that have been planted in accordance with the approved Landscape Plan have either survived or have been replaced shall be made by the Community Development Department. In the event the DEVELOPERS fail 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 DEVELOPERS hereby grant 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 DEVELOPERS' default, c. Tree Disease Prevention and Disposal. The DEVELOPERS 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 DEVELOPERS, in order to protect trees from construction damage shall: i. 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. ii. Insure that all equipment operators will have readily available, a tree wound dressing and will apply it immediately to datnaged oak trees if wounding occurs from April 15 through July 15. iii. Insure that trees will only be skidded against other trees that are to be removed. Trees in the middle twenty (20) feet of a road easement will be removed first, with remaining trees to be skidded toward the middle of the road easement. This same procedure will apply to building sites. iv Mature trees, especially oak and elm, adjoining an easement so that roots enter the disturbed construction area shall first be severed by a vibratory plow to prevent shattering, scraping and exposure of roots of high value trees on adjoining Ramsey Town Center 7th Addition Development Contract Page 10 of20 Pages 121117807v88,20716 M5M 5