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11-28-2016 Council Packet
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11-28-2016 Council Packet
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(one copy for the City's records and one copy for recording with Hennepin County). The Developer shall <br />also provide one copy reduced to 1" = 200'. <br />24. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with <br />the terms of this Contract, payment of the costs of all Improvements and construction of all Improvements, <br />the Developer shall furnish the City with a letter of credit, in the form attached hereto (the "security"), from <br />a bank for 150% of the cost of the Improvements, including any required landscaping. The following is a <br />summary of the security requirements due under this Contract, which must be in place at the time of final <br />plat approval: <br />Improvements (Letter of Credit) $448,442.00 <br />Cash Escrow 10,000.00 <br />Total Security $458,442.00 <br />The bank shall be subject to the approval of the City Administrator. The City may draw down the security, <br />upon five (5) business days' prior written notice to Developer, for any violation of the terms of this <br />Contract. 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 draw it <br />down. If the 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 been <br />satisfied, with City approval the security may be reduced from time to time by ninety percent (90%) of the <br />financial obligations that have been satisfied. Ten percent (10%) of the amounts certified by the Developer's <br />engineer, and approved by City's Engineer, shall be retained as security until all Improvements have been <br />completed, all financial obligations to the City satisfied, the required "as constructed" Plans have been <br />received by the City, a warranty security is provided, and the public Improvements are accepted by the City <br />Council. The City standard specifications for utilities and street construction outline procedures for security <br />reductions. <br />188905v1 11 <br />
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