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15.1 SECURITY REQUIREMENT. Prior to release. of the CUP for recording, the <br />DEVELOPER shall deposit with the CITY an irrevocable letter of credit, cash deposit, or other <br />security acceptable: to the CITY for the amount stated in Exhibit D5. <br />All cost estimates shall be acceptable to the DIRECTOR OF CITY ENGINEER, The total <br />security amount was calculated as shown on the attached Exhibit D5. The bank and form of the <br />irrevocable letter of credit, or cash deposit. shall be subject to approval by the City Finance Director <br />and City Attomey and shall continue to Nip full force and effect until released by the CITY. The <br />irrevocable letter of credit shall be for a term ending unless: earlier canceled <br />by agreement of the parties. hi the alternative, the letter of credit may be for a one year term. <br />provided it: is automatically renewable for successive one year periods frorn the present or any <br />future expiration dates•with a final expiration date of , and further provided that <br />the irrevocable letter of .credit states: That at. least sixty. (6.0) days prior to the. expiration date the <br />bank will notify the CITY that if the bank elects not to renew .foran. additional period. The. <br />irrevocable letter of .credit shall secure compliance by the DEVELOPER with the terms of this <br />DEVELOPMENT CONTRACT. The CITY may draw down. on the irrevocable letter of credit or <br />cash deposit, without any further notice than that. provided in Section 14.1 relating to a <br />DEVELOPER DEFAULT, for any of the following reasons: <br />a.) a DEVELOPER DEFAULT; or. <br />b) upon the CITY receiving notice that the irrevocable letter of credit will be. allowed <br />to lapse before <br />The CITY shall use the letter of credit proceeds or cash deposit proceeds to reimburse the <br />CITY for its costs and to cause the DEVELOPER. IMPROVEMENTS listed on Exhibit D5 to be <br />constructed to the extent practicable; if the DIRECTOR OF CITY ENGINEER determines that <br />such DEVELOPER IMPROVEMENTS listed on Exhibit D5 have: been constructed and after <br />retaining. ten percent (10%) of the proceeds far later distribution pursuant to Section 15.2, the <br />remaining.proceeds shall be distributed to the DEVELOPER. <br />With CITY approval, the irrevocable. letter of credit or cash deposit may be reduced <br />pursuant to. Section 15.2 from time to time as financial obligations are paid. <br />15.2. SECURITY RELEASE AND SECURITY INCREASE, DEVELOPER <br />IMPROVEMENTS. Periodically, upon the DEVELOPER's written request and upon completion <br />by the. DEVELOPER and acceptance by the CITY of any specific DEVELOPER <br />IMPROVEMENTS, ninety percent (901/6) of that portion of the irrevocable letter of credit or a <br />cash deposit covering those specific completed. improvements only shall be released. The final ten <br />percent (10%) of that portion ofthe irrevocable letter of credit, or cash. deposit, for those specif c <br />completed improvements shall.be held until acceptance by the CITY and expiration ofthe warranty <br />period under Section 1.19 hereof; in the alternative, the `DEVELOPER may post a bond <br />satisfactory.to the CITY with respect to the final ten percent (I0°/o). <br />If it is determined by the CITY that the. DEVELOPMENT PLANS were not strict[y <br />adhered..to, or that work was done without CITY inspection, the CITY may require., as a conditio..n <br />