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letter of credit, approved as to form by th.e City, in the amount of Four Thousand Dollars <br />and no cents ($4,000.00). : <br /> <br />Upon completion of the installation of the plantings, the financial guarantee shall be <br />returned to the Permittee and the Permittee shall be required to provide a landscape <br />maintenance guarantee in the amount of One Thousand Dollars ($1,000) and no cents. <br />The determination of completion of the installation of the plantings shall be made by the <br />City Engineer or his/her designee. In the event the Permittee fails to construct and install <br />the plantings as required herein, the City shall provide notice to the Permittee of the <br />default condition and establish a thirty (30) day time frame in which the Permittee may <br />remedy the default condition. If the Permittee fails to do so within the 30 day time frame, <br />the City Administrator or his/her designee may order the completion of the plantings with <br />City day labor and/or by letting contracts for said completion and draw upon the escrow <br />for payment. Only the City Administrator or his/her designee shall have the authority to <br />direct completion of the plantings and withdraw from the escrow account. The Permittee <br />hereby grants permission and a license to the City and/or its contractors and assigns to <br />enter upon the Site for the purpose of completing the construction and installation of the <br />plantings in the event of the Permittee's default. <br /> <br />It is herein agreed that the purpose of the $1,000.00 maintenance guarantee is to insure <br />the survival of the plantings. Said maintenance guarantee shall consist of cash or a letter <br />of credit, approved as to form by the City, and shall be in effect for a two year period <br />commencing on the date of the City's acceptance of said plantings. <br /> <br />At the end of the two year period, the maintenance guarantee shall be returned to the <br />Permittee. The determination that all of the plantings that have been planted in <br />accordance with the Landscape Plan have either survived or have been replaced shall be <br />made by the City Engineer or his/her designee. In the event the Permittee fails to <br />maintain the required plantings for a two year period, the City shall provide notice to the <br />Permittee of the default condition and establish a thirty (30) day time frame in which the <br />Permittee may remedy the default condition. If the Permittee fails to do so within the 30 <br />day time frame, the City Administrator or his/her designee may order the replacement of <br />plantings with City day labor and/or by letting contracts and draw upon the escrow for <br />payment. Only the City Administrator shall have the authority to direct replacement of <br />the plantings and withdraw from the escrow account. The Permittee hereby grants <br />permission and a license to the City and/or its contractors and assigns to enter upon the <br />Site for the purpose of replacing plantings in the event of the Permittee's default. <br /> <br />Prior to the issuance o;f a building permit for the tower, the Permit Holder shall supply the <br />City with affirmation that the proposed tower will comply with any applicable regulations <br />administered by the Federal Aviation Administration and a report from a qualified and <br />licensed professional engineer which demonstrates the tower's compliance with structural <br />and electrical (but not radio frequency) standards, as described in Section 9.15.16 of the <br />Ramsey City Code. <br /> <br />RESOLUTION #97-08-208 <br /> Page 2 of 6 <br /> <br /> <br />