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• <br />• <br />• <br />20. Guarantee <br />Development Contract <br />Apollo Landing <br />September 26, 2005 <br />a) Faithful Performance of Construction Contracts and Letters of Credit <br />(1) The Developer will fully and faithfully comply with all tenus <br />and conditions of any and all contracts entered into by the <br />Developer for the installation and construction of all <br />Developer Improvements and hereby guarantees the <br />workmanship and materials for a period of one year <br />following the City's final acceptance of the Developer's <br />Improvements. Concurrently with the execution hereof by <br />the Developer, the Developer will furnish to, and at all times <br />thereafter maintain with the City, a cash deposit, certified <br />check, or Irrevocable Letter of Credit, based on thirty-five <br />(35 %) percent of the total estimated cost of Developer's <br />Grading Improvements and 150% of the total estimated cost <br />of Developer's Sanitary and Watermain Improvements. An <br />Irrevocable Letter of Credit shall be for the exclusive use and <br />benefit of the City of Lino Lakes and shall state thereon that <br />the same is issued to guarantee and assure performance by <br />the Developer of all the tellus and conditions of this <br />Development Contract and construction of all required <br />improvements in accordance with the ordinances and <br />specifications of the City. The City reserves the right to <br />draw, in whole or in part, on any portion of the Irrevocable <br />Letter of Credit for the purpose of guaranteeing the terms and <br />conditions of this contract. The lizevocable Letter of Credit <br />shall be automatically extended for additional periods of one <br />year from present or future expiration dates unless thirty (30) <br />days prior to such the City Clerk or Administrator is notified <br />in writing by certified mail that the Letter of Credit will not <br />be renewed. <br />b) Reduction of Escrow Guarantee. <br />(1) <br />The Developer may request reduction of the Letter of Credit, <br />or cash deposit based on prepayment or the value of the <br />completed improvements at the time of the requested <br />reduction. Prior to the final acceptance of the Developer <br />Improvements the City shall require a Performance Bond or <br />Cash Escrow to cover the one -year warranty provisions of <br />the agreement. The amount shall be determined by the City <br />Engineer. <br />page 7 <br />