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(A) The security provided in accordance with the above may be reduced quarterly, on <br /> March 31,June 30,September 30 and December 31 of each year. The amount released each <br /> quarter will equal the amount of work completed by the Developer during the quarter, <br /> except that: <br /> (i) the security will not be released to an amount less than the amount of <br /> Developer's total indebtedness to the City pursuant to the terms of this Agreement,; <br /> and, <br /> (ii) the security will not be released below twenty-two thousand, four hundred <br /> dollars ($22,400) until all Improvements pursuant to this Agreement have been <br /> completed in full and all other obligations of Developer under this Agreement have <br /> been fulfilled, including Developer's obligation to install required Landscaping <br /> Improvements, two year warranty period has been completed, and to fulfill the <br /> requirements of the Wetland Mitigation,if applicable. <br /> (B) The Letter of Credit shall contain a provision that states that the Letter of Credit <br /> shall be automatically renewable annually unless the issuer of the Letter of Credit first gives <br /> the City thirty (30) days written notice by certified mail of its intent not to renew the Letter <br /> of Credit. The letter of credit shall also contain a minimum initial period of 1 year. The <br /> Letter of Credit shall be a guaranty to the City that the Improvements and all other <br /> requirements set forth in this Agreement will be timely completed to the City's satisfaction. <br /> The Letter of Credit shall be maintained continuously by the Developer, except as <br /> reductions are authorized by the City, until the Improvements are completed to the City's <br /> satisfaction, including certification by the City engineer that all items are satisfactorily <br /> completed, pursuant to this Agreement. The Letter of Credit shall have no conditions and <br /> shall be subject to being drawn upon by the City upon any default under this Agreement, <br /> including failure to pay contractors, subcontractors or costs or expenses owed to the City. If <br /> at any time the City shall draw upon the Letter of Credit,the Developer agrees that within 10 <br /> days upon being notified of such withdrawal by the City, Developer shall either pay the <br /> deficient amount in cash to the City or have the Letter of Credit restored to its full amount <br /> (04) Maintenance Bond. Purposely Left Blank <br /> (05) Water Availability Charges. Developer shall pay applicable Water Availability Charge at the <br /> time of building permit. <br /> (06) Surface Water Management Fee. Developer shall pay surface water management fees in the <br /> amount of Three thousand, six hundred and three dollars ($3,603.00), ($1,287 per acre) for each lot <br /> in the Subdivision prior to release of the final plat for recording. <br /> (07) Seal Coating. Developer shall pay the City for the first sealcoating of streets in the <br /> Subdivision in the amount of One Thousand Seven Hundred-Fifty and 00/100 Dollars ($1,750) prior <br /> to recording of the final plat. <br /> 10. Responsibility for Costs. <br /> (01) Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the <br /> City in conjunction with the development of the Subdivision, including but not limited to Soil and <br /> Water Conservation District charges, legal, planning, engineering and construction observation <br /> inspection expenses incurred in connection with approval and acceptance of the plat,the preparation <br /> of this Agreement, review of construction plans and documents, the payment of fines and penalties <br /> 6 <br />