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3. Private Improvements Lot 1, Block 2, <br /> Due before Building Permit release* $335,066.88# <br /> 4. Private Improvements Lot 2, Block 2, <br /> Due before Building Permit release* $266,206.56# <br /> 5. Private Improvements Lot 3, Block 2, <br /> Due before Building Permit release* $476,093.44# <br /> * Release will be permitted on a Lot by Lot basis. <br /> # Amounts will be recalculated and adjusted at the time of Building Permit <br /> Approval based upon then existing anticipated costs. <br /> This breakdown is for historical reference; it is not a restriction on the use of the security. <br /> The bank shall be subject to the reasonable approval of the City Administrator. The security <br /> must be in the form as provided for in the example Letter of Credit attached hereto and <br /> incorporated by reference. The City may draw down the security, with notice, for any violation <br /> of the terms of this Agreement, subject to the cure periods provided in this Agreement. If the <br /> required Public or'Private Improvements are not completed and the City receives a notice of non- <br /> renewal of the letter of credit from the issuer thereof, the City may also draw it down and hold <br /> the funds as a cash escrow to secure compliance with the requirements by the Developer. If the <br /> security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof <br /> satisfactory to the City that work has been completed and financial obligations to the City have <br /> been satisfied, with City approval, which shall not be unreasonably withheld, conditioned or <br /> delayed, the security may be reduced from time to time. For Public Improvements, ten percent <br /> (10%) of the amounts certified by the Developer shall be retained as security until all Public <br /> Improvements have been completed, all necessary utility easements have been provided, all <br /> financial obligations to the City satisfied, the required"as constructed"Plans have been received <br /> 132281 v1 <br /> - 10 - <br />