SECTION 12 CONSTRUCTION SECURITY
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1 SECTION 12 CONSTRUCTION SECURITY 10% Security Prior to the Division of Highways issuing a notice to proceed for the construction of subdivision streets the Developer shall first post with the Division of Highways a security in the amount of 10% of the estimated street construction cost including the intersection with the existing state highway as approved by the Division of Highways. 100% Security On receipt of written notification of the failure of the Developer to satisfactorily complete subdivision street construction in accordance with the provisions of the 10% security agreement as determined by the Division of Highways the Developer shall have twenty (20) calendar days to provide the Division of Highways with an approved schedule for completion. Should the Developer fail to provide a satisfactory street construction schedule or fail to comply with the approved completion schedule the Division of Highways may withdraw its approval to construct the affected subdivision streets. Withdrawal of subdivision street construction approval for failure to complete the streets shall be cause to increase the required construction security from 10% to 100% on future subdivision street construction projects. Security Agreement The following forms of security based on the estimated quantities and unit prices approved by the Division of Highways will be acceptable. -Surety Bond issued by a Bonding Company licensed in Delaware -Commercial Letter of Credit issued by a lending institution licensed in Delaware -Escrow Account The security is to be accompanied with the executed Security Agreement (See Appendix attached to this Section)150% Entrance Security The Division of Highways at its sole discretion may require the Developer to provide a security in the amount of 150% of the estimated cost of the construction of the intersection with the existing state highway.
2 Subdivision Engineer State of Delaware Department of Transportation P.O. Box 778 Dover, DE (Name of Bank) (Address) (Phone Number) (Date) REF: Irrevocable Commercial Letter of Credit No. ( ) (Name of Subdivision) Sir: We hereby establish our Irrevocable Commercial Letter of Credit in favor of the State of Delaware, Department of Transportation, Division of Highways, as beneficiary at the request of and for the account of (Developer), for an amount or amounts not to exceed (Amount). This letter of credit is subject to the following terms and conditions: 1.Effective Date: 2.This credit is to be available by sight draft being presented to (Name of Bank) at its main office at (Address). All drafts so drawn must bear the clause "Drawn under (name of Bank) letter of credit number (Enter number of letter or credit) dated (enter date)." 3.The sight draft must be signed by the Director of the Division of Highways stating that (enter name of developer) has failed to perform construction of the following streets in accordance with the construction agreement covering the construction of those streets and the irrevocable letter of credit in favor of the State of Delaware, Department of Transportation, Division of Highways pertaining thereto. Demand is hereby made in the amount of the enclosed draft".
3 Street Name From To Length 4.This letter of credit will expire on (enter date). The bank agrees to notify the state 30 days calendar days prior to expiration to permit a request for an extension or to permit the State to draw thereon. Bank agrees that such notice will be sent by registered mail to each of the following: Subdivision Engineer And Finance Administrator State of Delaware State of Delaware Department of Transportation Department of Transportation Division of Highways Division of Highways P.O. Box 778 P.O. Box 778 Dover, DE Dover, DE Bank agrees that such notice will be effective only if it is sent by registered mail. In the event such notice is not given, this Letter of Credit shall automatically renew until such notice is received. It shall then expire sixty (60) calendar days from the receipt of such notice. This Credit will automatically terminate as of the date the State of Delaware, Division of Highways, notifies Bank that it has accepted the subject roadways for maintenance. 5.Except as otherwise stated herein, no modifications or revocations may be made by the undersigned to the irrevocable credit crated hereby, without the express written approval of the Director of the Division of Highways Operations. 6.Drafts drawn in favor of the Division of Highways Operations shall not relieve the Developer to satisfactorily complete construction of the aforesaid streets. 7.All bank charges connected with this Letter of Credit are for the account of (Developer). 8.This Letter of Credit is neither negotiable nor assignable. Very truly yours, Title
4 SURETY AGREEMENT FOR SUBDIVISION STREET CONSTRUCTION KNOW ALL MEN BY THESE PRESENTS THAT: Whose address is hereinafter called "Developer" and as surety legally authorized to do business in Delaware whose address is hereinafter called "Surety", are held firmly bound unto the State of Delaware in the sum of Dollars ($ ) (said sum being 10 percent of the total price agreed upon by the Division of Highways and the Developer for the construction of the subdivision streets as set forth in this agreement,) to be paid to the said State of Delaware for the use and benefit of the Division of Highways of said State, to which payment will and truly to be made we bind ourselves, our successors and assigns, firmly by these presents. SEALED with our seals and dated this day of, 19. NOW THE CONDITION OF THIS OBLIGATION IS SUCH that if the Developer, who is responsible for the construction of the subdivision streets set forth in this agreement for the property known as fails to construct such streets in accordance with the provisions of the fully executed Construction Agreement for Suburban Community Streets as determined within the sole discretion of the Director of Highways, the bond shall be forfeited in favor of the State of Delaware. Bond forfeiture shall not relieve the DEVELOPER of the responsibility to satisfactorily complete construction of the aforesaid streets. Bond forfeiture shall occur within sixty (60) days of receipt of written notification by the Division of Highways. Should the DEVELOPER complete all construction in accordance with the aforesaid permit, then this obligation shall be void and of no effect, or else shall be and remain in full force and virtue until such roads or streets are accepted by the State for sole and absolute care, management and control.
5 The roads or streets covered by this agreement are: Name From To Approx. Length EXECUTED by the parties hereto the day and year first herein written: For Surety Company: Attest BY For Developer in a Corporation: Attest Secretary BY For Developer if a firm or individual: Signed, Sealed and Delivered in the presence of: BY (Signature
6 ESCROW AGREEMENT FOR SUBDIVISION STREET CONSTRUCTION KNOW ALL MEN BY THESE PRESENTS THAT: whose address is and whose Employer Federal Identification Number is, hereinafter known as DEVELOPER, having furnished the State of Delaware a certified check in the amount of Dollars ($ ) (said sum being ten percent of the total price agreed upon the Division of Highways and the DEVELOPER for construction of the subdivision streets as set forth in this agreement) to be deposited in the Department of Transportation Escrow Account, do hereby relinquish said amount to the State of Delaware for the use and benefit of the Division of Highways if the Developer fails to meet the conditions of this obligation. SEALED with our seals and dated this day of, 19. NOW THE CONDITION OF THIS OBLIGATION IS SUCH that if the Developer, who is responsible for the construction of the subdivision streets as set forth in this agreement in the development known as fails to construct such streets in accordance with the provisions of the fully executed Construction Agreement for Suburban Community Streets as determined within the sole discretion of the Director of Highways, the funds shall be forfeited in favor of the State of Delaware. Forfeiture shall not relieve the DEVELOPER of the responsibility to satisfactorily complete construction of the aforesaid streets. Forfeiture shall occur within sixty (60) days of receipt of written notification by the Division of Highways. Should the DEVELOPER complete all
7 construction in accordance with the aforesaid construction agreement, then this obligation shall be void and of no effect, or else shall be and remain in full force and virtue until such roads or streets are accepted by the State for sole and absolute care, management and control. The roads or streets covered by this agreement are: Name From To Approx. Length EXECUTED by the parties hereto the day and year first herein written: For Developer if a Corporation: Attest Secretary BY (typed Name) For Developer if a firm or individual: Signed, Sealed and Delivered BY
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