4.5. SR 10-16-2017 - Laserfiche WebLink

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6 Developer pursuant to this Agreement, including Developer’s obligations to complete Improvements, to complete on-site Landscape Improvements, and to make payment of any amounts due hereunder. (B) The security provided in accordance with the above may be released quarterly, on March 31, June 30, September 30 and December 31 of each year. The amount released each quarter will equal the amount of work completed by the Developer during the quarter, except that: (i) the security will not be released to an amount less than the amount of Developer’s total indebtedness to the City pursuant to the terms of this Agreement,; and, (ii) the security will not be released below fifty thousand dollars ($50,000) until all Improvements pursuant to this Agreement have been completed in full and all other obligations of Developer under this Agreement have been fulfilled, including Developer’s obligation to install required Landscaping Improvements and to fulfill the requirements of the Wetland Mitigation, if applicable. (C) The Letter of Credit shall contain a provision that states that the Letter of Credit shall be automatically renewable annually unless the issuer of the Letter of Credit first gives the City 30 days written notice by certified mail of its intent not to renew the Letter of Credit. The letter of credit shall also contain a minimum initial period of 1 year. The Letter of Credit shall be a guaranty to the City that the Improvements and all other requirements set forth in this Agreement will be timely completed to the City’s satisfaction. The Letter of Credit shall be maintained continuously by the Developer, except as reductions are authorized by the City, until the Improvements are completed to the City’s satisfaction, including certification by the City engineer that all items are satisfactorily completed, pursuant to this Agreement. The Letter of Credit shall have no conditions and shall be subject to being drawn upon by the City upon any default under this Agreement, including failure to pay contractors, subcontractors or costs or expenses owed to the City. If at any time the City shall draw upon the Letter of Credit, the Developer agrees that within 10 days upon being notified of such withdrawal by the City, Developer shall either pay the deficient amount in cash to the City or have the Letter of Credit restored to its full amount (04) Maintenance Bond. The Developer shall post maintenance bonds in the amount of twenty-five percent (25%) of final certified construction costs to secure the warranty in Section 7 (12) hereof. The City shall retain ten percent (10%) of the security posted by the Developer until the maintenance bonds are furnished to the City or until the warranty period expires, whichever first occurs. The retainage may be used to pay for warranty work, grading, erosion control, and as built survey escrow. (05) Grading, erosion control and as-built survey escrow. The Developer shall post a cash escrow of $1,000.00 per lot to the City to guarantee compliance with the erosion control and grading requirements and the submittal of an as-built certificate of survey. Prior to release of this escrow, an as-built certificate of survey for single family lots must be submitted to verify that the final as -built grades and elevations of the specific lot and all building setbacks are consistent with the approved Plans for the development, and any amendments thereto as approved by the City Engineer, and that all required property monuments are in place. If the final as-built surveys are not timely completed, the City may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion of the grading, erosion control and as-built survey, the escrow funds, without interest, less any draw made by the City, shall be returned to the person who deposited the funds with the City.