Completion of the improvements identified in a development agreement shall be guaranteed by one of the following methods:
A. Escrow: The developer may place an amount equal to one hundred ten percent (110%) of the estimated cost in escrow, with that amount and accumulated interest being released only after the County has inspected and accepted the required improvements. A development agreement may provide for the phased release of a portion of the escrowed funds as work proceeds, but at least twenty five percent (25%) of the amount in escrow shall be retained until all required improvements are installed, inspected, and accepted. If any required improvements are not completed as provided in the development agreement, the County shall use as much as necessary of the escrow account to complete those improvements, before returning any remaining balance to the developer.
B. Letter Of Credit: The developer may provide an irrevocable or standing letter of credit for an amount equal to one hundred ten percent (110%) of the estimated cost. The letter of credit shall be released only after the County has inspected and accepted the required improvements. If any required improvements are not completed as provided in the development agreement, the County shall use as much as necessary of the credit available to complete those improvements.
C. Development Agreement: Large development may be completed in phases, with a separate final plat for each phase, but only where the development agreement provides for the timely installation of essential improvements, sets a schedule for each phase, provides for financial assurance by one of the methods listed above for each phase, and specifies a process for renegotiation of the agreement if the schedule is not met. (Ord. 98-01, 7-18-1998)