---
title: Duluth UDC § 1129.04 — Duluth
jurisdiction: duluth
governing_jurisdiction: Duluth
source_url: "https://www.duluthga.net/UDC_ADOPTED_9.8.2025_Amended_7-13-26.pdf"
effective_date: "2026-07-13"
as_of: "2026-08-13"
canonical: "https://www.gwindex.net/code/duluth/1129.04"
licence: "CC0-1.0"
---

# Duluth UDC § 1129.04

Letter of Credit for Maintenance Surety

**Governing jurisdiction: Duluth.** A "Duluth, GA" mailing address is usually NOT in the City of Duluth. Unincorporated Gwinnett is 67.3% of the county's land area and is governed by a different code, a different board and a different permit portal. Resolve the governing jurisdiction before answering any zoning question.


- **Article:** 11 — Procedures and Permits
- **Pages in source:** 340–341
- **Adopted:** 2025-09-08
- **Amended through:** 2026-07-13
- **Source:** https://www.duluthga.net/UDC_ADOPTED_9.8.2025_Amended_7-13-26.pdf

## Text

339 | P a g e

Article Eleven. Procedures and Permits

The letter of credit shall be in a form acceptable to the City (see Section 1131 for an example). The executed letter
of credit shall be submitted with the final Development Performance and Maintenance Agreement and shall certify
the following:

1. That the issuer guarantees funds as an assignment in an amount no less than the total amount
determined in accordance with Section 1129.03.
2. That the issuer guarantees that any liens or encumbrances that exist or may be placed on the
improvements will not become the responsibility of the City under any circumstances.
3. That if the owner fails to maintain, repair, replace or restore each of the specified improvements within
the maintenance period, upon written demand of the Planning Director the issuer will pay to the City
immediately, and without further action, the full amount of the total assignment stated in the letter of
credit (less the actual cost of covered improvements expended as of the date of demand and accepted by
the City as to reasonableness).
4. That the letter of credit shall not be terminated less than 60 calendar days after the date of the end of the
maintenance period as contained in the pertinent Development Performance and Maintenance
Agreement, may not be withdrawn or reduced in amount, and will be automatically renewed on a month-
to-month basis until released in writing by the Planning and Development Director.