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11-14-2016 Council Packet
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11-14-2016 Council Packet
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may have a FAR upto 0.65. FAR shall include all floor area, excluding porches <br />and decks/ divided by the total lot area. <br />All other provisions shall be as regulated by the City Code. <br />25. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance <br />with the terms of this Contract, payment of the costs of all Improvements and construction of all <br />Improvements, the Developer shall furnish the City with a letter of credit, in the form attached <br />hereto (the "security"), from a bank for 150% of the cost of the Improvements, including any <br />required landscaping. The amount of the security shall be $386,877. The bank shall be subject to <br />the approval of the City Administrator. The City may draw down the security, upon five (5) <br />business days' prior written notice to Developer, for any violation of the terms of this Contract. <br />Amounts drawn shall not exceed the amounts necessary to cure the default. If the Improvements <br />are not completed at least thirty (30) days prior to the expiration of the security, the City may also <br />draw it down. If the security is drawn down, the proceeds shall be used to cure the default. Upon <br />receipt of proof satisfactory to the City that work has been completed and financial obligations to <br />the City have been satisfied, with City approval the security may be reduced from time to time by <br />ninety percent (90%) of the financial obligations that have been satisfied. Ten percent (10%) of the <br />amounts certified by the Developer's engineer, and approved by City's Engineer, shall be retained <br />as security until all Improvements have been completed, all financial obligations to the City <br />satisfied, the required "as constructed" Plans have been received by the City, a warranty security is <br />provided, and the public Improvements are accepted by the City Council. The City standard <br />specifications for utilities and street construction outline procedures for security reductions. <br />13 <br />189563v1 <br />
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