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183371v6 6 <br /> (2) The Developer shall submit a financial surety in the amount of 125% of <br />the estimated costs of landscaping prior to the issuance of any development permits. The <br />financial surety shall be in the form of a letter of credit issued by a FDIC-insured Minnesota <br />bank. The purpose of the letter of credit is to ensure that landscaping is completed in the event <br />that the Developer defaults on this Agreement. The City will hold the letter of credit for two <br />years after the installation of landscaping. The letter of credit should not expire during the two- <br />year period. <br />E. Escrow. <br /> (1) The Developer shall submit a cash escrow for site improvements, <br />including grading, utilities, and paving, in the amount of $20,000 prior to the issuance of any <br />development permits. The escrow will be used for City costs related to review, approval, and <br />inspection of site improvements or any costs incurred by the City in the event of a default by <br />Developer. If at any time during the course of construction on the project the amount in the <br />account is reduced to below $5,000, the Developer shall replenish the account to not less than <br />$20,000. In the event there is a failure to replenish the account in accordance with the terms of <br />the Agreement, the City has the right to withhold the issuance of a Certificate of Occupancy until <br />the deficiency is paid. Upon completion of the project, payment of all outstanding bills and <br />satisfaction of this Agreement, the City shall refund the remainder of the account to the <br />Developer. <br /> (2) The Developer shall submit a cash escrow in the amount of 25% of the <br />estimated costs of landscaping prior to the issuance of any development permits. The escrow will <br />be held by the City for two years after installation of landscaping and used for City costs related <br />to review, approval, and inspection of landscaping, or default by Developer.