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irrevocable <br />letter <br />of credit is utilized, the form <br />and content thereof shall be approved in advance <br />by County, <br />in its <br />reasonable discretion. <br />2. The amount of the Performance Security Instrument to be pledged by <br />Developer to secure its performance hereunder shall be one hundred fifteen percent (115%) of <br />the Roadway Improvement Project, coats as provided in the preliminary estimate of project costs <br />referred to in Exhibit "E". The funds or irrevocable letter of credit (as selected by Developer) <br />shall be posted by Developer no Yater than fourteen (14) days following the completion and <br />approval by the County of the thirty percent (309o) design, as referenced in paragraph C:1.(b) <br />herein, and shall be maintained throughout the term of the Project, subject to reduction, as <br />provided below. <br />3. The amount of the Performance Security Instrument shall be increased or <br />reduced, as applicable, at such time as: the final Roadway Improvement Project costs are <br />determined and established. <br />4. County and .Developer agree that the Performance Security Instrument <br />shall be incrementally reduced over the course of the Roadway lmprovement Project as provided <br />herein. At such time as County is notified by Developer_ that n ReductionEvent(as defined <br />below) has occurred, County agrees to cooperate in the initiation and implementation of all <br />activities necessary to reduce the surety instrument, which shall involve the reduction of the cash <br />deposit, or letter of credit, as applicable. The amount of any such, reduction shall be equal to tiie <br />sums paid by Developer, and approved by the County,, since the Preceding Reduction Event, or <br />as poster] by a thud party as: indicated in the Reduction Event. Provided, however, in. no event <br />may any reduction of the Performance Security Instrument result in a final performance security <br />amount balance which is less than, one hundred fifteen percent (115%) of the funds necessary to <br />complete the Roadway Improvement Project. Further, reductions to the Performaiide Security <br />Instrument shall occur no more frequently than quarterly during the term bereof. Reduction <br />requests shall be aggregated during each quarteri and impl6menied by the parties one time: during <br />each three month period. <br />5. For purposes of this Agreement the term "Reduction Event" shall be <br />defined as: (a) Payment of any installment or draw to a contractor or professional.in connection <br />with prosecution of the Roadway Improvement Project; or (b) Payment of any proportionate <br />share contribution of Roadway Improvement Project costs by a participating party as provided <br />below. <br />6. The requirement of a Performance Security Instrument shall terminate <br />upon the earlier of (a) Payments pursuant to subsection 5(b) above equal to one hundred fifteen <br />percent. (115%) of Roadway Improvement Project costs; or (b) Developer completes <br />performance of the Roadway Improvement Project, pays all applicable parties in full,. and the <br />Roadway Improvements are accepted for,maintenance by County. <br />7. The Project traffic impact fees shall be reduced by the amount of <br />Performance Security lssued by Developer. <br />