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06-12-2013 Additions
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06-12-2013 Additions
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6/13/2013 8:31:50 AM
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6/13/2013 8:31:31 AM
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City shall have sole discretion to determine if the documentation is adequate and the amount of <br />the Landscape Credit to which the Developer is entitled. <br />The above Credits represent all Credits due the Developer against the Release Price. The <br />Developer shall not be entitled to any credits for costs which do not appear on either Exhibits B <br />or C. <br />To secure payment of the Lot Release Price, the Developer shall grant the City a secured <br />interest in each lot located in the plat. If the City, at its own discretion deems it necessary, the <br />Developer shall executed a mortgage in favor of the City memorializing said security interest. <br />12. As financial security, Developer shall furnish the City with a Letter of Credit or <br />other security in a City approved format in an amount equal to One Hundred and Twenty -Five <br />Percent (125 %) of the estimated costs of installing the Required Improvements. Written <br />estimates or executed contracts for installation of Required Improvements must be submitted to <br />the City to document the costs of development. The Developer's Letter of Credit shall guarantee <br />Developer's completion of all of the Required Improvements, compliance with this Agreement, <br />and compliance with the terms and conditions of approval of the Gervais Woods Plat as <br />delineated by City Resolution Number2013 -4 -64 and any City resolution associated with final <br />plat approval granted on April 24, 2013. Said surety shall be immediately available for City's <br />use to complete part or all of the construction in a timely and satisfactory manner, as determined <br />in the sole discretion of City. Said surety shall remain in full force and effect until completion <br />and acceptance of the Required Improvements based on the sole determination of City. The City <br />may, at City's sole discretion, elect to treat the Developer's Equity Contribution as set forth on <br />Exhibit B attached hereto as financial security in lieu of the Letter of Credit. As set forth above, <br />the Developer is entitled to credit against Release Prices for the Equity Contribution set out on <br />Exhibit B attached hereto. If at any time the balance of the Equity Contribution is less than <br />
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