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At the end of the two-year period, the maintenance guarantee shall be returned to the <br />Pcrmittee. The determination that all plantings that have been planted in accordance with <br />the Site Plan and Landscaping Plan have either survived or have been replaced shall be <br />made by the City Council after consultation with the City Engineer. In the event the <br />Permittee fails to maintain the required plantings for a two-year period, the City Council <br />may order the replacement of plantings with City day labor and/or by letting contracts <br />and draw upon the escrow for payment. Only the City Council shall have the authority to <br />direct replacement of the plantings and withdraw from the escrow account. The <br />Permittee hereby grants permission and a license to the City and/or its contractors and <br />assigns to enter upon the Site for the purpose of replacing plantings in the event of the <br />Pcrmittee's default. <br /> <br />INSPECTION FEES. The Permittee shall be responsible for all inspection costs <br />incurred by the City related to the installation of the Required Improvements. The <br />Permittee shall make a cash deposit into the appropriate escrow account at the City and <br />the City shall have the authority to draw upon these funds for the purpose of <br />compensating for inspection services. The amount of the deposit shall be equal to five <br />percent (5%) of the estimated cost of the Required Improvements, which equates to One <br />I-Iundred Dollars and no Cents ($100.00). This is to cover the cost of inspecting the site <br />grading and installation of improvements. Upon completion of the Improvements to the <br />satisfaction of the City, any surplus balance remaining in the City's escrow account shall <br />be refunded to the Permittee. <br /> <br />15. <br /> <br />OUTSIDE REGULATORY AGENCIES. The Permittee herein agrees to be <br />responsible for obtaining all required permits or licenses from any other regulatory <br />agencies. <br /> <br />Panther Investments hereby acknowledges receipt of this permit and that they have reviewed the <br />conditions of this permit and have agreed that they will comply with the terms of this permit. <br /> <br />VANAK, LLC <br /> <br />By: <br /> Partner <br /> <br />STATE OF MINNESOTA <br />COUNTY OF <br /> <br />The lbregoing instrument was acknowledged before me this __ day of ,2005, <br />by , the Partner of Vanak, LLC, a Partnership under the <br />Laws o t' Minnesota on behalf of the Partnership. <br /> <br />Notary Public <br /> <br /> <br />