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ANALYSIS: <br />The LDRs allow for developers to obtain final plat approval for a subdivision without completing <br />the required subdivision improvements, provided the developer enters into a contract for constriction <br />and posts financial security to guarantee construction of the improvements. The required <br />improvements may be bonded for a period of up to 1 year, and that one year deadline may be <br />extended. <br />In this instance, the Hunter's Run final plat was approved on July 10, 2001. To ensure construction <br />of the required subdivision improvements, a contract for construction and financial security were <br />approved with the plat. The Security (letter of credit) is scheduled to expire on March 31, 2002, but <br />developer could extend the contract for construction to July 1, 2002 and provide cash as substitution <br />accompanied by a cash deposit and escrow agreement. Such an extension is reasonable and should <br />accommodate completion of the remaining required improvements. <br />Staff has no objection to the Board authorizing extension of the date for completion of required <br />improvements to July 1, 2002. As of the date of this report, however, the developer has submitted <br />neither the documents necessary to extend the completion date nor substitute financial security. To <br />ensure completion of the required improvements, the Board needs to authorize staff to pull the <br />existing letter of credit by adopting the attached resolution. To accommodate the developer's request <br />to extend the completion date and offer substitute security, the Board should extend the completion <br />date to July 1, 2002 and authorize acceptance of substitute security in an amount acceptable to the <br />County Engineer, if the developer provides the necessary items for such extension and substitution <br />on or before March 25, 2002 <br />RECOMMENDATION: <br />Staff recommends that the Board of County Commissioners: <br />Adopt the attached resolution authorizing staff to pull the existing letter of credit <br />unless the conditions of item #2 (below) are met. <br />Approve an extended iiiiprovement completion date of July 1, 2002 and accept <br />substitute financial security in an amount acceptable to the County Engineer, in lieu <br />of pulling the existing letter of credit referenced above, if the developer provides <br />county staff the items necessary for such an extension and security substitution on <br />or before March 25, 2002. <br />If item #2 above is met, authorize the Chairman to execute the attached modification <br />to contract for construction of required improvements and cash deposit and escrow <br />agreement. <br />ATTACHMENTS: <br />1. Developer's Request <br />2. Location Map <br />3. Existing Letter of Credit (copy) <br />4. Resolution to Pull the Existing Letter of Credit <br />5. Modification <br />6. Cash Deposit and Escrow Agreement <br />March 19, 2002 <br />26 <br />