Resolution - #97-03-063 - 03/25/1997

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plan guarantee to ensure the establishment and survival of the plantings. Said guarantee shall be deposited with the City prior to the issuance of any building permits and shall consist of cash or a letter of credit, approved as to form by the City, in the amount of Two Thousand Dollars and No Cents ($2,000.00). This guarantee shall be in effect for a two year period beyond the date of the City's acceptance of said plantings. At the end of the two year period, the guarantee shall be returned to the Permit Holders if all plantings have either survived or been replaced. The determination that all plantings that have been planted in accordance with the Landscape Plan have either survived or have been replaced shall be made by the City Engineer or his/her designee. In the event the Permit Holders fail to maintain the required plantings for a two year period, the City shall provide notice to the Permit Holder of the default condition and establish a thirty (30) day time frame in which the Permit Holders may remedy the default condition. If the Permit Holders fail to do so within the 30 day time frame, the City Administrator or his/her designee 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 Administrator shall have the authority to direct replacement of the plantings and withdraw from the escrow account. The Permit Holders hereby grant 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 Permit Holders' default. o That the accessory structures shall be used for the storage of personal property and that no commercial or industrial activity of any type shall be permitted in said structures unless the necessary permits have been obtained from the City of Ramsey. That the Permit Holders shall be responsible for all City costs incurred in administering and enforcing this conditional use permit. That the Permit Holders herein agree to remedy a justifiable nuisance complaint resulting from the horse related activities on the property within a 24 hour period. The City Administrator or his/her designee shall have the authority to determine whether a nuisance complaint is justified or not. That the City Administrator, or his/her designee, shall have the right to inspect the premises lbr compliance and safety purposes annually or at any time, upon reasonable request. The motion for adoption of the foregoing resolution was duly seconded by Councilmember Beyer, and upon vote being taken thereon, the following voted in favor thereof: Mayor Gamec Councilmember Haas Steffen Councilmember Beyer Councilmember Beahen Councilmember Zimmerman