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DEVELOPER shall make a cash deposit into the appropriate escrow account at'the CITY <br />and the CITY shall have the authority to draw upon these funds for the purpose of <br />compensating for inspection services. The amount of the deposit for inspection fees for work <br />being undertaken as part of the GRADING PLAN shall be equal to five percent (5%) of the <br />estimated cost of the Stage I Improvements. This amount is __ Dollars and no cents <br />CS×X) (5% x SXX) and must be deposited prior to the commencement of the improvements <br />shown on the GRADING PLAN. The required inspection fees for work done in <br />cont~ormance with the OTHER CONSTRUCTION PLANS shall be in the amount of Forty <br />Five Thousand Seven Hundred Dollars and no cents ($XX)(5% x SXX) 5% of the estimated <br />cost of the Stage I Improvements being constructed 'in conjunction with the OTHER <br />CONSTRUCTION PLANS. The inspection fees for improvements being constructed in <br />conformance with the OTHER CONSTRCTION PLANS shall be deposited-with the CITY <br />prior to commencement of the Stage I Improvements shown on the OTHER <br />CONSTRUCTION PLANS. Upon completion of the Improvements to the satisfaction of <br />the City, any surplus balance remaining in the City's escrow account shall be refunded to the <br />DEVELOPER. <br /> <br />14.. Stage I Improvement Maintenance Financial Guarantee. In addition to the financial <br /> guarantee required by Paragraph 6 above, the DEVELOPER shall also post a Stage I <br /> Improvement maintenance guarantee with the CITY. Said maintenance guarantee for the <br /> improvements made as part of the Stage I Improvements shown are accepted by the CITY <br /> and prior to release by the CITY of the financial guarantee required by Paragraph 6 above: <br /> The amount of the maintenance guarantee for the improvements made as part of the Stage I <br /> Improvements shall be Ten Thousand Dollars and no cents ($10,000) or five percent (5%) of <br /> the cost of the Stage I Improvements (5% x SXX), whichever is greater. Said maintenance <br /> guarantee for the improvements made as part of the Stage I Improvements shall be held by <br /> the CITY for a one (1) year period from the date of its dePosit. This financial guarantee is <br /> ~br the purpose of ensuring that the Stage I Improvements being constructed in conjunction <br /> project have been constructed in accordance with City standards and may be called upon at <br /> the CITY'S discretion during said one (1) year period if the CITY determines it necessary to <br /> repair and/or replace any of the Stage I improvements. Said financial guarantee shall be in <br /> the ~'orm of a letter of credit, approved as to form by the CITY. The maintenance guarantee <br /> fbr the improvements made as part of the OTHER cONSTRUCTION PLANS shall be <br /> Dollars and no cents ($XX). <br /> <br />15. Lamlscape Maintenance Guarantee. It is herein agreed that the DEVELOPER shall. <br /> provide a maintenance guarantee to ensure the survival of the plantings for Town Center <br /> Gardens. Said maintenance guarantee shall consist of cash or a letter of credit approved as to <br /> form by the CITY. The said guarantee will remain in effect for a two-year period <br /> commencing on the date of the City's' acceptance of said plantings as part of Stage I <br /> improvements. The Stage I Financial Guarantee (as stipulated in paragraph 10) will not be <br /> released until the CITY has received the maintenance guarantee. The landscape maintenance <br /> guarantee required is Dollars and no Cents ($XX) [XX trees; XX shrubs x cost of. <br /> planting ($100/tree, $50/shrub x 30% survival rate] <br /> <br />Town Center Gardens 3~a Addition <br />Development Agreement - Grading <br />Page 5 of 13 <br /> <br /> <br />