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Preserve at Lino Lakes <br />Development Contract <br />May, 2013 <br />submit two (2) sets of record Developer Plans, two (2) electronic <br />copies of record Developer Plans in Anoka County NAD 83 <br />Coordinates compatible with the City's computer system, including <br />accurate locations, dimensions, elevations, grades, slopes and all <br />other pertinent information concerning the compete work. <br />b) A storm sewer, watermain, and sanitary sewer Excel Spreadsheet <br />must be submitted, which includes all the as -built data. <br />15. Faithful Performance of Construction Contracts and Letter of Credit <br />a) The Developer will fully and faithfully comply with all terms and <br />conditions of any and all contracts entered into by the Developer for <br />the installation and construction of all Developer Improvements and <br />hereby guarantees the workmanship and materials for a period of one <br />year following the City's final acceptance of the Developer's <br />Improvements. Concurrently with the execution hereof by the <br />Developer, the Developer will furnish to, and at all times thereafter <br />maintain with the City, a cash deposit, certified check, or Irrevocable <br />Letter of Credit, based on one hundred fifty (150 %) percent of the <br />total estimated cost of Developer's Public Improvements. The bank <br />and form of the Letter of Credit or security shall be subject to the <br />approval of the City. An Irrevocable Letter of Credit shall be for the <br />exclusive use and benefit of the City of Lino Lakes and shall state <br />thereon that the same is issued to guarantee and assure performance <br />by the Developer of all the terms and conditions of this Development <br />Contract and construction of all required improvements in <br />accordance with the ordinances and specifications of the City. The <br />City reserves the right to draw, in whole or in part, on any portion of <br />the Irrevocable Letter of Credit for the purpose of guaranteeing the <br />terms and conditions of this contract. The Irrevocable Letter of <br />Credit shall be automatically extended for additional periods of one <br />year from present or future expiration dates. <br />b) Reduction of Escrow Guarantee. <br />(1) 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 8 <br />