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~elease or m final complete release of any bond, escrow, <br />letter of credit, or other performance guarantee, the City <br />Engineer shall notify the subdivider of approval or non- <br />approval of such requests or of any specific defects or <br />deficiencies in construction and suggested corrective <br />measures. If no such notice is provided to the subdivider <br />within the 30 day period the periodic partial release shall <br />be deemed approved. No final release shall be granted until <br />after expiration Of said 30 day period and there is an <br />additional request in writing sent by certified mail <br />re~urn receipt to the City Manager. If no action is taken <br />within 10 days from the receip~ of this reguest, then the <br />final release of the bond, letter of credit, escrow or other <br />p~rformance ~uarantee shall De deem~ approved. <br /> <br />Upon acceptance of improvements the subdivider shall execute <br />and file with the City Engineer a maintenance bond equal to <br />10~ of the total cos~ of the public improvements installed <br />for the subdivision. The subdivider shall be responsible for <br />&ll maintenance or repairs for the public improvements as <br />required by the City Engineer for a period of one year after <br />acceptance of such improvements. <br /> <br />In thou instances in which any of the improvements <br />required by this section could be more conveniently installed <br />by the City or its agent, the City may in its discretion, <br />accept payment of the total Cos% of such improvemen%s in lieu <br />of actual construction or bond as required above. Such pay- <br />merit will be set forth in an agreement approved by the City <br />Attorney, which agreement will set forth the conditions of <br />payment and a time limit u~on the use of such ~ayment by the <br />City, such time limit in no instance so exceed ten <br />years. If such payment is not utilized by the City within <br />the agreed time limit, it will revert to the subdivider. <br /> <br />If a subdivider makes an advance of payments for or <br />construction of reason~able and ~ecesssry roa~ improvements <br />located outside the properEy limi~s of the land owned or <br />controlled by the subdivider, the need for which is <br />substantially ~enerated and reasonably required by the <br />construction or improvement of the subdivision or <br />development, and such advance is accepted, the City may agree <br />to reimburse the subdivider from such funds as the City may <br />make available for such purpose from time to time for the <br />cost off such advance together with interest, which shall be <br />excludable from gross income for Federal income tax purposes, <br />at a rate equal ~o the rat~ of interest on bo~ds most <br />~eoently issued by the City on the followin~ terms and <br />oondition~: <br /> <br />PORTSMOUTH SUBDIVISION ORDINANCE --- PAGE 17 <br /> <br /> <br />