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] 3. <br /> <br />14. <br /> <br />MAINTENANCE GUARANTEE FOR LANDSCAPING. It is herein agreed that the <br />Penn,tree shall provide a maintenance guarantee to ensure the survival of the plantings. Said <br />maintenance guarantee shall consist of cash or a letter of credit, approved as to form by the <br />City, in the amount of $1,560 [# plantings (30 trees, 44 shrubs) x cost/planting ($100/tree, <br />$50/st-u'ub) x 30% average non-survival rate], which shall be in effect for a two-year period · <br />commencing on the date of the City's acceptance of said plantings as part of the Required <br />improvements. <br /> <br />,At the end of the two-year period, the maintenance guarantee sh~7:~'~'-~:~tUrned to the Permittee. <br />The determination that all plantings that have been planted in::~idc'ordance with the Site Plan and <br />Landscaping ·Plan have either survived or have been replac_ed?:~k~i~(~e.,made by the City Council <br />after consultation with the City Engineer. In the ever~i:ithe Pe~/~ee fails to maintain the <br />required plantings for a two-year period, the cim ,:!e u 'eil may ~i;~i~..,the 'replacement of <br />plas~rings with City day labor and/or by letting!:'6ontracts and dra4*i on the escrow for <br />pax mont. Only the City Council shall have the authority to direct replacer~h~:'of the plantings <br />an~t withdraw from the escrow account. TheP~ermittee hereby grants permis~i'¢'~;!h'hd a licen;e <br />to the City and/or its contractors and a, ssigns to ef/)~'~i:..upon:tt_-h~:S.[te for the purp~'~e of replacing <br />plantings in the event of the Permittee s default. ":-?}ii(C? .... <br /> <br /> SPECT1ON FEES. The Permit~'~":sha!l be responsibi'~(~;.ai1 inspection costs incurred by <br />thc City related to the installation Permittee shall make a <br />cash deposit into the appropriate escrow adC~'unt .at the Cit~!t::and the City shall have the <br />authority to draw upon these funds for~::'the pu~'~i?6-~:i.Cpmp&sating for inspection services. <br />The amount of the de.p?..Sh shall be equk}~.tO:'five per~(~:;(5%) of the estimated cost of the <br />Required Improvements; :Wkich equates to ($XXX), Th/:}' is to Cover the cost of inspecting the <br />si~e grading and: installation:'b'.f, improvements: Upon completion of the Improvements tO the <br />satisfaction of ~he:'City~ any ~urplus balance remaining in the City's escrow account shall .be <br />refunded to the Permittee. ,-:::~::,:.-_:.. :.:- <br /> <br /> · /:.i,:. ::.:" <br />O~TSIDE REGULATO'R3( AGENCIES. The Peimittee herein agrees to be <br />responsible for obtaining all required permits or licenses from any other regulatory agencies. <br /> <br />Dave Perkins Contracting, Inc hereby acknowledges receipt of this permit and that they have <br />row owed the' conditions of and' have agreed that they will comply w/th the terms of this permit. <br /> <br />CITY OF RAMSEY;. MINN~ESOTA APPLICANT <br /> <br />lBy By <br />frs: Mayor <br /> <br />Its: <br /> <br />Its- City Clerk <br /> <br />-177- <br /> <br /> <br />