---
title: "Duluth UDC (unnumbered, p.353: Surety Agreement For Performance Letter Of Credit) — 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/unnumbered-p-353-surety-agreement-for-performance-letter-of-credit"
licence: "CC0-1.0"
---

# Duluth UDC (unnumbered, p.353: Surety Agreement For Performance Letter Of Credit)

Surety Agreement For Performance Letter Of Credit

**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:** 353–354
- **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

SURETY AGREEMENT FOR PERFORMANCE LETTER OF CREDIT

(MUST BE PRINTED ON LOCAL BANK LETTERHEAD)

DATE: __________________________________________________

SUBJECT: SURETY AGREEMENT FOR PERFORMANCE GUARANTEE

DEVELOPMENT NAME:
______________________________________________________________________

DEVELOPMENT PERMIT NUMBER: _________

LOCATION: ________________________________________

PHASE SUBMITTED FOR FINAL PLATTING OR DEVELOPMENT APPROVAL:

______________________________________________________

SUBJECT IMPROVEMENTS: As specifically identified and described as follows:

Final street topping, [for those streets identified on the attached plat of the subdivision] [as listed as follows:
__________] [as attached hereto as Schedule A]; and,

The construction of all sidewalks, [as identified on the attached plat of the subdivision] [as listed as follows:
__________] [as attached hereto as Schedule B]; and,

The installation of the final landscaping, [as identified on the approved Buffer and Landscape Plan] [as
listed as follows: __________ ] [as attached hereto on Schedule C]; and,

Grassing all street shoulders and easements, [as identified on the attached plat of the subdivision] [as listed
as follows: __________] [as attached hereto as Schedule D].

To the MAYOR AND CITY COUNCIL of the City of Duluth:

This is to advise that ____________________________________________ , as Issuer, is holding at the
request of ____________________________ , as Principal, the total amount of $ ________________ as
an assignment that the subject improvements indicated above will be constructed and completed in
accordance with the standards and requirements of the Unified Development Code of the City of Duluth,
Georgia, and further that this money will not be released until such time that we are notified by the City of
Duluth that the subject improvements have been properly and satisfactorily completed and accepted by the
City, as evidenced by the return of this letter of credit with such release signed and dated by the authorized
agent of the Mayor and City Council of the City of Duluth, below.

This is also to advise that if the Principal should fail to construct and complete the subject improvements in
accordance with the standards and requirements of said Unified Development Code, upon written
notification from the responsible official of the City of Duluth, this party as Surety will pay to the City of
Duluth immediately, and without further action, the total amount of the assignment indicated above (less
the actual cost of covered improvements expended as of the date of demand and accepted by the City as
to reasonableness); provided, however, the amount is not to exceed the total amount held as an
assignment.

352 | P a g e

Article Eleven. Procedures and Permits

This is also to advise that the Issuer guarantees that any liens or encumbrances that exist or may be placed
on the subject improvements will not become the responsibility of the City under any circumstances, and
that any such liens or encumbrances shall be satisfied by the Principal to the satisfaction of the Insurer prior
to the release of this letter of credit by the City.

It is also agreed that this letter of credit shall not be terminated less than 60 calendar days after the date of
the end of the performance period as established in said Unified Development Code, and that this letter of
credit may not be withdrawn or reduced in amount and will be automatically renewed in 30-day increments
until released by the authorized agent of the Mayor and City Council of the City of Duluth.

Date
Signature

ATTEST: Notary Public
Typed Name

My commission expires:
Title

APPROVED BY THE DULUTH MAYOR AND CITY COUNCIL

Clerk to the Mayor and City Council
Mayor

Date

Final
Inspection
has
been
completed
and
APPROVAL IS RECOMMENDED by:

City Engineer

Date

RELEASE OF PERFORMANCE SURETY

Director of Community Development

Date