Agenda - Council - 01/24/2006 - Laserfiche WebLink

Home

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 Twenty One Thousand One Hundred Fifty Dollars and no cents ($21,150.00) [required plantings (163 trees; 614 shrubs) x cost/planting ($150/tree, $75/shmb) 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 $21,150.00 (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. c. Tree Disease Prevention and Disposal. The DEVELOPER 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 DEVELOPER, in order to protect trees from construction damage shall: i. Install physical barriers, such as snow fence, around trees that are to remain after initial gading. 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 tbxough July 15. iii. Insure that trees will only be skidded against other trees that are to be removed. Trees in the middle twenty (20) feet of a road easement will be removed first, with remaining trees to be skidded toward the middle of the road easement. This same procedure will apply to building sites. iv. Mature trees, especially oak and elm, adjoining an easement so that roots enter the disturbed construction area shall first be severed by a vibratory plow to prevent shattering, scraping and exposure of roots of high value trees on adjoining property. All exposed root zones of adjoining properties shall be immediately covered with clean topsoil and moistened to favorable conditions. -232- Ramsey Town Center 12th Addition Development Contract Page 7 of 13 Pages