07-04 Letter of Credit SLCSSEA03092
Status Report 6/30/08 plan.OR2
Julv 2000
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Category
Description
LC #SLCSSEA03092 Expires 8/31/08 at 5:00 p.m.
T-Mobile Site Plan 07-04
$50,000
Revegetation Requirements (grass seed and tree planting)
Notify Sharmeen AI-Jaff
02008 lotus Development Corp
2/19/08 at 9 35 AM S=Slatus P",Priority
Page 1
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u.s. BANK NATIONAL ASSOCIATION
INTERNATIONAL DEPARTMENT
1420 FIFTH AVENUE, 9TH FLOOR
SEATTLE, WA 98101
PHONE: 206-344-2398
FAX: 206-344-5365
FEBRUARY 12, 2008
CITY OF CHANHASSEN
7700 MARKET BLVD., P.O. BOX 147
CHANHASSEN, MN 55317
ATTN: SHARMEEN AL-JAFF
PLEASE FIND ATTACHED OUR ORIGINAL STANDBY LETTER OF CREDIT NUMBER
SLCSSEA03092 IN FAVOR OF YOURSELVES, FOR THE ACCOUNT OF:
T-MOBILE CENTRAL LLC
12920 S.E. 38TH STREET
BELLEVUE, WA 98006
KINDLY ADDRESS ALL CORRESPONDENCE REGARDING THIS LETTER OF CREDIT
TO THE ATTENTION OF OUR LETTER OF CREDIT DEPARTMENT, 1420 5TH
AVENUE, 9TH FLOOR, SEATTLE, WA 98101, MENTIONING OUR REFERENCE
NUMBER AS IT APPEARS ABOVE. TELEPHONE INQUIRIES CAN BE MADE TO
EITHER JANET JOIREMAN AT 206-344-2398 OR GLORIA WARRICK AT
206-344-2328.
U.S. BANK NATIONAL ASSOCIATION
i~~------
Janet Joireman
P.sst. Vice Presidc::t
[W~!M'J!:~~
U.S. BANK NATIONAL ASSOCIATION
INTERNATIONAL DEPARTMENT
1420 FIFTH AVENUE, 9TH FLOOR
SEATTLE, WA 98101 U.S.A.
PHONE: 206-344-2328
FAX: 206-344-5365
IRREVOCABLE STANDBY LETTER OF CREDIT
FEBRUARY 12,2008
BENEFICIARY:
CITY OF CHANHASSEN
7700 MARKET BLVD., P.O. BOX 147
CHANHASSEN, MN 55317
ATTN: SHARMEEN AL-JAFF
APPLICANT:
T-MOBILE CENTRAL LLC
12920 SE 38TH ST., 9TH FLOOR
BELLEVUE, W A 98008
LETTER OF CREDIT NUMBER:
SLCSSEA03092
^^^^^^^^^^^^^^^
EXPIRY DATE: AUGUST 31, 2008
AT: OUR COUNTERS PRESENTLY LOCATED AT 1420 FIFTH AVENUE, 9TH FLOOR,
INTERNATIONAL DEPARTMENT, SEATTLE, WA 98101 ON OR BEFORE 5:00 P.M.
AMOUNT: $50,000.00
NOT EXCEEDING FIFTY THOUSAND AND 00/100 U.S. DOLLARS
WE HEREBY ISSUE THIS IRREVOCABLE STANDBY LETTER OF CREDIT A V AILABLE BY YOUR DRAFT(S)
DRA WN AT SIGHT ON U.S. BANK NATIONAL ASSOCIATION AND ACCOMPANIED BY THE FOLLOWING
DOCUMENTS:
1. A NOTORIZED AFFADA VIT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE BENEFICIARY
REPRESENTING THAT T-MOBILE CENTRAL LLC HAS FAILED TO COMPLY WITH THE REVEGETATION
REQUIREMENTS (GRASS SEED AND TREE PLANTING) OF THE DEVELOPMENT PLANS STATED IN THE SITE
PLAN PERMIT NO. 2007-04 DATED NOVEMBER 26, 2007 AS AGREED TO BY THE BENEFICIARY AND
APPLICANT AND REPRESENTING THAT THE EXPENSES ITIMIZED IN THE AFFIDAVIT WERE INCURRED BY
THE BENEFICIARY FOR PAYMENT OF SUCH EXPENSES REQUIRED FOR SUCH REVEGETATION
REQUIREMENTS (GRASS SEED AND TREE PLANTING) OF THE DEVELOPMENT OF THE PROJECT AND T-
MOBILE CENTRAL LLC IS TO REIMBURSE BENEFICIARY THEREFOR.
2. THIS ORIGINAL LETTER OF CREDIT INCLUDING ANY SUBSEQUENT AMENDMENTS.
3. COPY OF THE BENEFICIARY'S NOTICE TO THE APPLICANT THAT THE REVEGETATION REQUIREMENTS
(GRASS SEED AND TREE PLANTING) OF THE DEVELOPMENT OF THE PROJECT HAS NOT BEEN
COMPLETED BY OCTOBER 15,2008 AS REQUIRED BY THE SITE PLAN PERMIT NO. 2007-04 DATED
NOVEMBER 26,2007 AS AGREED TO BY THE BENEFICIARY AND APPLICANT AND THAT IF THE
DEVELOPMENT OF THE PROJECT IS NOT COMPLETED WITHIN THIRTY (30) DAYS AFTER RECEIPT OF THE
NOTICE THE BENEFICIARY WILL ACT TO CAUSE THE REVEGETATION REQUIREMENTS (GRASS SEED AND
TREE PLANTING) OF THE PROJECT TO BE COMPLETED AND TO RECOVER ITS COSTS THEREFOR BY
REQUESTING A DRA W(S) UNDER THIS LETTER OF CREDIT.
4. RECEIPT(S) EVIDENCING THE AMOUNT(S) THE BENEFICIARY PAID FOR COMPLETING THE
REVEGETATION REQUIREMENTS (GRASS SEED AND TREE PLANTING) OF THE DEVELOPMENT OF THE
PROJECT, WHICH AMOUNT(S) SHALL BE THE MAXIMUM DRA W ALLOWABLE UNDER THIS LETTER OF
CREDIT.
PARTIAL DRAWINGS ALLOWED.
ALL WRITTEN N OTIFICA TION SHALL BE SENT VIA COURIER.
THIS PAGE 1 FORMS AN INTEGRAL PART OF LETTER OF CREDIT NO. SLCSSEA03092
rw'I?J!.~Q~
DRAFTS DRAWN UNDER THIS CREDIT MUST BEAR THE CLAUSE: "DRAWN UNDER U.S. BANK NATIONAL
ASSOCIATION IRREVOCABLE STANDBY LETTER OF CREDIT NO. SLCSSEA03092".
THIS CREDIT IS SUBJECT TO "THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS" (2007
REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 600".
WE HEREBY ENGAGE WITH YOU THAT DRAFT(S) DRAWN AND/OR DOCUMENTS PRESENTED UNDER AND IN
COMPLIANCE WITH THE TERMS OF THIS IRREVOCABLE STANDBY LETTER OF CREDIT WILL BE DULY
HONORED UPON PRESENTATION TO US
DRAFT(S) AND DOCUMENTS MUST BE PRESENTED TO OUR OFFICE AT U.S. BANK NATIONAL ASSOCIATION,
INTERNATIONAL DEPARTMENT, 1420 5TH AVENUE, 9TH FLOOR, SEATTLE, WA 98101, IN PERSON, OR BY
OVERNIGHT COURIER, ON OR BEFORE THE EXPIRATION DATE OF THIS LETTER OF CREDIT.
U.S. BANK NATIONAL ASSOCIATION
INTERNATIONAL BANKING DIVISION
,
~~~
AUTH~ZED SIGNATURE
JSI1~t Joireman
{tsst. Vice President
THIS PAGE 2 FORMS AN INTEGRAL PART OF LETTER OF CREDIT NO. SLCSSEA03092
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February 12,2008
Sharmeen Al-Jaff
City of Chanhassen
7700 Market Blvd
7700 Box 147
Chanhassen, MN 55317
Re: Letter of Credit / Re- Vegetated
Dear Ms. Al-Jaff,
Thank you for working with Steve Edwards and T -Mobile over the past year on our
proposed monopole to be located near Halla Nursery. Once installed, this site will
enhance T-Mobile's digital network nationwide and particularly in the much needed area
of southern Chanhassen.
As part ofthe conditional use permit, I understand that T-Mobile is required to re-
establish vegetation to the area which has been used as parking by Halla Nursery. As you
can understand, winter is not the best time of year to attempt planting. Thus, to ensure
that the work will be completed, T -Mobile will provide a $50,000 letter of credit and use
it best effort to have the re-vegetation work completed by July 15, 2008.
Should you have any additional questions or if I can be of any assistance, please do not
hesitate to contact me. Thank you for your consideration.
~\\L
Mark Holm
Real Estate Manager
T-Mobile USA
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