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of credit. If the cash option is elected, required sums shall be posted with the COUNTY <br /> as Escrow Agent. In the event that an irrevocable letter of credit is utilized, the form and <br /> content thereof shall be approved in advance by COUNTY, in its reasonable discretion. <br /> B . The amount of the performance security instrument to be pledged by <br /> DEVELOPER to secure its performance hereunder shall be One Hundred Fifteen (115%) <br /> Percent of the roadway improvement project costs as provided in the preliminary estimate <br /> of project costs referred to in Exhibit "C". The funds or irrevocable letter of credit (as <br /> selected by DEVELOPER) shall be posted by DEVELOPER no later than 14 days <br /> following the Effective Date of this Agreement, and shall be maintained throughout the <br /> term of the project, subject to reduction, as provided below. <br /> C. The amount of the performance security instrument shall be increased or reduced, <br /> as applicable, at such time as the final roadway improvement project costs are determined <br /> and established. <br /> D. COUNTY and DEVELOPER agree that the performance security instrument <br /> shall be incrementally reduced over the course of the roadway improvement project as <br /> provided herein. At such time as COUNTY is notified by DEVELOPER that a <br /> Reduction Event (as defined below) has occurred, COUNTY agrees to cooperate in the <br /> initiation and implementation of all activities necessary to reduce the surety instrument, <br /> which shall involve the reduction of the cash deposit, , or letter of credit, as applicable . <br /> The amount of any such reduction shall be equal to the sums paid by DEVELOPER or <br /> COUNTY since the preceding Reduction Event, or as posted by a third party as indicated <br /> in the Reduction Event. Provided, however, in no event may any reduction of the <br /> performance security instrument result in a final performance security amount balance <br /> which is less than 115 % of the funds necessary to complete the roadway improvements <br /> project. Further, reductions to the performance security instrument shall occur no more <br /> frequently than quarterly during the term hereof. Reduction requests shall be aggregated <br /> during each quarter, and implemented by the parties one time during each three-month <br /> period. <br /> E. For purposes of this Agreement the term "Reduction Event" shall be defined as: <br /> (i) Payment of any installment or draw to a contractor or professional in connection with <br /> prosecution of the roadway improvements project; or (ii) Payment of any proportionate <br /> share contribution of roadway improvement project costs by a participating party as <br /> provided below: <br /> F. The requirement of a performance security instrument shall terminate upon the <br /> earlier of ( 1 ) Payments pursuant to Subsection (E) (ii) above equal 115% of roadway <br /> improvement project costs; or (2) DEVELOPER completes performance of the roadway <br /> improvement project, pays all applicable parties in full, and the roadway improvements <br /> are accepted for maintenance by COUNTY. <br /> 4. Model Traffic Concurrencv Analvsis/Pr000rtionate Share Requirements: <br /> A. Attached to this Agreement as Exhibit "C" is a Model Oslo 27 Traffic <br /> Concurrency Analysis, which has been prepared by DEVELOPER as a preliminary <br /> measure to assess and identify: (a)approximate roadway project cost data; and (b) number <br /> of additional trips created by roadway project and cost per additional trip; and (c) <br /> additional trips attributable to DEVELOPER ' S project, SOUTHERN OAKS CENTER; <br /> and (d) DEVELOPER ' S proportionate share of roadway project costs and related <br /> 4 <br />