4.5 SR 04-03-2023 - Laserfiche WebLink

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upon written demand of the City to the extent of default herein by Developer in the payment of any amount due or the performance of any other duty or obligation of 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 securit�- provided in accordance with the above may be released periodically upon receipt of an invoice identifying work completed to date. The amount released each period will equal the amount of work completed by the Developer by the date of submittal, 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 Ag�eement have been completed in full and all other obligations of Developer under this Agreement have been fulfilled. (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 fi�st 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 Cit�r or have the Letter of Credit restored to current amount (03) Maintenance Bond. The Develo�er shall �ost maintenance bonds in the amount of twentv- five �ercent �25%) of final certified construction costs to secure the warrantv in Section 6(12) hereof. The Cittr shall retain ten �ercent �10%) of the securittr �osted bv the Develo�er until the maintenance bonds are furnished to the Cin- or until the warrant�period ex�ires. whichever first occurs. The retainage ma`� be used to �a`r for warrantv work,_grading. erosion control. and as built survev escrow. (04) Water Availabilit`- Charges. Developer shall pay the ��later Availability Charge identified in the city's fee schedule at the time of Final Plat recording. The current amount is Ten Thousand, Nine Hundred Twenty and 00/100 dollars (�10,920.00), (�390 per lot). The balance of `�Uater Availability Charges per unit shall be paid at the time of building permit, by the permit applicant. Res�onsibilitv for Costs. (01) Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the Subdivision, including but not limited to Soil and ��Jater Conservation District charges, legal, planning, engineering and construction obsenration inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this AgYeement, review of construction plans and documents, the payment of fines and penalties