Agenda - Council - 12/13/2005 - Laserfiche WebLink

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b. Maintenance Guarantee for Landscaping. The DEVELOPER 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 One Thousand One Hundred Ten Dollars and No Cents ($1,110.00) [required plantings ( 37 trees; 0 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 DEVELOPER shall be required to establish with the CITY an escrow to secure payment of said -$1,110.00 (the "Landscaping Escrow"). 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 approved Landscape Plan have either survived or have been replaced shall be made by the Community Development Department. 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 escrow for payment. Only the CITY Council shall have the authority to direct replacement of the plantings and withdraw from the escrow account. 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. Minimizing the impact of construction on trees in accordance with Minnesota Extension Service publication "Protecting Trees From Construction Damage" (Publication #NR- FO-6135-S). 22. License. The DEVELOPER hereby grants the CITY, its agents, employees, officers and contractors, a license to enter the Plat to perform all necessary work and/or inspections deemed appropriate by the CITY during the installation of Required 'Improvements by the CITY, The license shall expire after the Required Improvements installed pursuant to the development contract have been installed and accepted by the CITY. Clean Up. The DEVELOPER shall promptly clear from public streetS and property any soil, earth or debris resulting from construction work by the DEVELOPER or its agent or assigns. 24. DEVELOPER'S Default. In the event of default by the DEVELOPER as to any of the work to be performed by it hereunder, the CITY may, at its option, perform the work and the DEVELOPER shall promptly reimburse the CITY for any expense incurred by the CITY, provided the DEVELOPER is first given written notice of the work,in default, not less than 48 hours in advance. This Contract is a license for the CITY to act, and it shall not be necessary for the CITY to seek a Com't order for permission to enter the land. When the CITY does any such work, the CITY may, in addition to its other remedies, assess the cost in whole or in part, 25. Miscellaneous. -393- Ramsey Town Ceater llth Addition Development Contract Page 6 ofll Pages