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4.7 SR 08-15-2022
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4.7 SR 08-15-2022
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(B) The securit�- provided in accordance with the above may be released periodically upon <br />receipt of an invoice identifying work completed to date. The amount released each period <br />will equal the amount of work completed by the Developer by the date of submittal, except <br />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 fifty thousand dollars (�50,000) until <br />all Improvements pursuant to this Agreement have been completed in full and all <br />other obligations of Developer under this Agreement have been fulfilled. <br />(C) The Letter of Credit shall contain a provision that states that the Letter of Credit shall <br />be automatically renewable annually unless the issuer of the Letter of Credit first gives the City <br />30 days written notice by certified mail of its intent not to renew the Letter of Credit. The <br />letter of credit shall also contain a minimum initial period of 1 year. The Letter of Credit shall <br />be a guaranty to the City that the Improvements and all other requirements set forth in this <br />Agreement will be timely completed to the City's satisfaction. The Letter of Credit shall be <br />maintained continuously by the Developer, except as reductions are authorized by the City, <br />until the Improvements are completed to the City's satisfaction, including certification by the <br />City engineer that all items are satisfactorily completed, pursuant to this Agreement The <br />Letter of Credit shall have no conditions and shall be subject to being drawn upon by the Cit�r <br />upon any default under this Agreement, including failure to pay contractors, subcontractors <br />or costs or expenses owed to the City. If at any time the City shall draw upon the Letter of <br />Credit, the Developer agrees that within 10 days upon being notified of such withdrawal by <br />the City, Developer shall either pay the deficient amount in cash to the City or have the Letter <br />of Credit restored to current �nount <br />(03) Maintenance Bond. The Developer shall post maintenance bonds in the amount of twent�-- <br />five �ercent �25%) of final certified construction costs to secure the warrant�- in Section 6(12� hereof. <br />The Cit�r shall retain ten �ercent �10%) of the securit�posted b�r the Develo�er until the maintenance <br />bonds are furnished to the Cin- or until the warrann- �eriod expires, whichever first occurs. The <br />retainage ma�- be used to �a�r for warrant�- work,grading, erosion control, and as built surve�r escrow. <br />(04) Water Availabilin- Charges. Developer shall pay the �Xlater Availability Charge identified in <br />the city's fee schedule at the time of Final Plat recording. The current amount is Ten Thousand, Nine <br />Hundred Twenty and 00/100 dollars ($10,920.00), ($390 per lot). The balance of Water Availability <br />Charges per unit shall be paid at the time of building permit, by the permit applicant. <br />Res�onsibilit� for Costs. <br />(01) Except as otherwise specified herein, the De�Teloper 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 />imposed on the city as a result of non-compliance with any permit or failure to obtain necessary <br />permits, and all costs and expenses incurred by the City in monitoring and inspecting development of <br />the Subdivision. <br />
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