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

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required to be done by this Contract, the Improvements lying within public easements shall become CITY property without further notice or action. 17. Land.s. cap.ing. The DEVELOPER shall landscape the Plat in accordance with The Landscape Plan prepared by URS and dated December 5, 2005 revised . The landscaping shall be accomplished in accordance with a time schedule approved by the CITY. a. Maintenance Guarantee for Landscaping. The DEVELOPER Shall provide a maintenance guarantee to ensure the survival of the p!~ritings in the Plat. Said maintenance guarantee shall consist' of cash or a Letter of Credi(.)...aPproved as to form by the CITY, in the amount of Eight-Hundred and Forty Dollars ($8'40:200),. [required plantings ( 28 trees; 0 slzrubs) x cost/planting ($100/tree)x 30% average n.0_n-sur~i~ki'¥mte], which guarantee shall be in effect for a two-year period commencing on t~e. .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 5;840.00 (the· "Landscaping At the end of the two-year period, the mainten~r~ce':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 survivedor have been replaced shall be made by the Community'::D~yelopment D~P~rtm~nt. In the event the DEVELOPER fails to maintain the: requii*ed P!an~!ngs for .a two-year period, the CITY Council may order the replacement of plantings: ~i~[X CITY day labor and/or by letting contracts and draw Upon the escrow for-payment. Ohly 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 tlSe :DEVELOPER'S default. 19. License. The DEVELOPER hereby grants the CITY, its 'agents, employees, of-ricer} 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 ~xpire after the Required Improvements installed pursuant to the development contract have been installed and accepted by the CITY. 20. 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. 21. 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 Court order for permission to enter the land. When the Ramsey Town Center 11 th Addition Development Contract Page 6 oflI Pages -440-