Agenda - Council Work Session - 11/13/2007

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~u.. MAINTENANCE GUARANTEE FOR LANDSCAPING. It is herein agreed that the Permittee shall provide a maintenance guarantee to ensure the survival of the plantings. 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 Six Hundred Twenty Dollars and no cents ($1,620) [# plantings (22 trees, 64 shrubs) x cost/planting ($] OO/tree, $50/shrub) 'x' 30% average non-survival rate], which shall be in effect for a two year period commencing on the date of the City's acceptance of said p1antings as part of the Required Improvements. At the end of the two year period, the maintenance guarantee shall be returned to the Permittee. The determination that all plantings that have been planted in accordance with the Site Plan have either survived or have been replaced shall be made by the City Council after consultation with the City Engineer. In the event the Permittee 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 Permittee hereby grants permission and a license to the City and/or its contractors and assigns to enter upon the Site for the purpose of replacing plantings in the event of the Permittee's default. :;3, OUTSIDE REGULATORY AGENCIES. The Permittee hereil1 agrees to be responsible for obtaining all required permits or licenses from any other regulatory agencies. : 4. RECOGNITION OF LOCATION. The Permittee herein agrees to recognize Ramsey as the City of location on all forms of advertising and business correspondence whenever reasonably prudent to do so. ;.:'. AGREEMENT BINDING ON HEIRS, ETC. The DEVELOPER agrees that this Development Agreement shall be binding upon their successors and assigns. Breach of any of the terms of this Development Agreement by the DEVELOPER shall be grounds for denial of building permits for buildings in the Plat.