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2021-09-22 CC Packet
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2021-09-22 CC Packet
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19.SECURITY.The amount of the Security(bond)iscalculated as shown in Exhibit D. <br />These calculations are for historical reference, and are not a restriction on the use of the Security. <br />Security shall be calculated in an amount for features as set forth in Code Chapter of 153. <br />The Security shall be for a term ending November 30, 2023, and automatically renewing <br />thereafter unless notice of termination is provided to the City at least forty-five (45) days prior to the <br />end of the term or any renewal date.The notice given must comply withthe formal Notice provisions <br />of this Agreement.Individual security instruments may be for shorter terms provided they are <br />replaced at least thirty (30) days prior to their expiration. The City maymake a bond claim against <br />theSecurity, with a written seven (7) day notice and seven (7) day right to cure by the Developer, for <br />any violation of the terms of this Agreement orif the Security is to be allowed to lapse prior to the <br />end of the required term or any renewal term. The notice and right to cure provisions shall be void if <br />the Security will expire in less than seven (7) daysor upon discovery that the Security will not <br />automatically renew(if such discovery is on or after the date that is seven (7) days prior to expiration <br />of the Security). If the required Improvements are not completed at least thirty (30) days prior to the <br />expiration of the Security, the Citymay also make a bond claim. If a bond claim is paidthe proceeds <br />shall be used to cure the default or held until the Developer has completed the Improvements. <br />The Security may be reduced from time to timepursuant to City policy regarding Security <br />reductions. Upon receipt of proof to the City that work has been satisfactorily completed,financial <br />and built <br />plans have been received by the City,the Security may be reduced from time to timepursuant to City <br />policyregarding Security reductions. <br />The terms and conditions set forth in the Section are separate and distinct from security <br />obligations to warranty improvements set forth elsewhere in this agreement. <br />Version 09/17/2021 Page 11 <br /> <br />
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