Agenda - Council - 07/12/2005 - Laserfiche WebLink

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23. Ownership of Improvements. Upon the completion of the work and construction required to be done by-this Contract, the Improvements lying within public easements shall become CITY property without further notice or action. 24. Landscaping. a. Compliance With Plans. The DEVELOPERS shall landscape the Plat in accordance with approved plans. The landscaping shall be accomplished in accordance with a time schedule approved by the CITY. 'b. Maintenance Guarantee for Landscaping. The DEVELOPERS shall provide a maintenance guarantee to ensure the survival of the plantings in the Plat. Said maintenance guarantee shall consist of cash or a Letter of Credit, approved as to form by the CITY, in the amount of fourty-six thousand nine hundred eighty .dollars and n-o cents ($46,980). [required plantings (451 trees; 2,230 shrubs) x cost/planting ($100/tree, $50/shrub) x 30% average non-survival rate], which guarantee 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. The DEVELOPERS shall be required to establish with the CITY an escrow to secure payment of said $46,980 (the "Landscaping Escrow"). 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 guarantee shall be returned to the DEVELOPERS. The determination that all plantings that have been planted in accordance with the approved Landscape Plan have either survived or have been replaced shall Community Development Department. In the event the DEVELOPERS fail required plantings for a two-year period, the CITY Council may order the plantings with CITY day labor and/or by letting contracts and draw upon the es6row for payment. Only the CITY Council shall have the authority io direct replacement of the plantings and withdraw from the esCrow account. The. DEVELOPERS 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 DEVELOPERS' default. be made by the to maintain the 'replacement of 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 constructign 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 damaged oak trees if wounding occurs from- April 15 through July 15. · Ramsey Town Center 7th Addition Development Contract Page 9 of 16 Pages -201-