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LC Reduction Letter 11-04-09 Status Report 5/15/10 PLAN.OR2 M T W F :3"...4....S....Er...'t.. :;0.:;f':;2"1.3..1.4. :;n.ffHf"20"21.. 24""2S"2in~n8 .31.......................... Securities 5/15/1 0 5/15/10 F LC #9465006 Expires 10/8/09 Walgreens (Seven Forty One Crossings) Planning Case 08-05 Site Plan Agreement $182,963 (grading, erosion control, landscaping, etc.) Notifiy Sharmeen Al-Jaff NOTE: LC Automatically renews for successive one-year terms 9/25/09 - Notified Sharmeen. Kim 10/2/09 - Notified Sharmeen. Kim 10/27/09 - Per Sharmeen, hold LC and check status 5/15/10. Kim 11/4/09 - Per Sharmeen, reduce LC to $14,330 to be broken down as follows: $2,000 Grading $6,000 Utilities $2,000 Paving $3,830 Landscaping $ 500 Erosion Control LC reduction request letter mailed to bank on 11/4/09. Kim @2009 Lotus Development Corp. 11/4/09 at 2:50 PM S=Sratus P=Priority Page 1 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 . Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us November 4, 2009 BNC National Bank 33 South Seventh Street, Suite 200 Minneapolis, MN 55402 Re: Letter of Credit No. 9465006 Reduction - Walgreens Planning Case No. 08-05 To Whom It May Concern: Please accept this letter as authorization to reduce Letter of Credit No. 9465006 to $14,330. Please send written acknowledgement of this reduction at your earliest convemence. If you have any questions or concerns, please contacLmehy email at saIiaff@ci.chanhassen.mn.us or at 952-227-1134. Sincerely, CITY OF CHANHASSEN . ~ ~~~ . -~ Shanneen A1:f _. Senior Planner SAJ:ktm c: Max Heitzmttnn'l\.uxop,Inc. Joe Shamla, ProjecLEngineer g:\pJan\2008pJan~ingc~ses\08-05,'.waJgreens\lcreduction .n.-04-09:doc Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Meuwissen, Kim From: Sent: To: Cc: Subject: AI-Jaff, Sharmeen Wednesday, November 04,200911 :13 AM Max Heitzmann Sham la, Joe; Meuwissen, Kim Reduction of Letter of Credit for Wallgreens 7 and 41 Crossing Good morning Max, Joe and I just reinserted your site. Our findings are as follows: Both Sites 1. Provide a copy of the asbuilts. Can combine the two sites into one drawing or complete them separately. (incomplete) 2. Utilities must be covered by a cross-access agreement. Provide a copy of the recorded document. (incomplete) 3. Wallgreens 1. The raing3rden at 'NJlgreens needs a little work. It is eroding in one area and need to be filled in and something a little bit more heavy duty might need to be put in th3t area erosion control bl3nket, turf reinforcement m3t, etc. Otherwise the plants look good. If you v.'3nt to meet to discuss, let me know. /\Iso, just curialiS it f1oesn't show on the plan where th3t inlet pipe is coming from. Docs it connect to roof e1rains somewhere, or .....hore is the w3ter coming from? It's obviously 3 significJnt JmOUflt. (complete) 2. Silt fence must be removed from 2 catch basins in the grassy areas. (incomplete) Additional Building Pad 1. Parking lot striping not complete. (incomplete) 2. Provide two year maintenance bond for the trail. (incomplete) 3. Erosion control Silt fence must be installed until'.'eget3tion est3blished. (complete) 4. Install eof near the trash dumpster of the retail building. (incomplete) 5. Verify that the cross walk for the new trail is striped. (incomplete) We will reduce the letter of credit but will not be able to release it until the work is complete. Grading $2,000 Utilities $6,000 Paving $2,000 landscaping $3,830 Erosion Control $500 The new letter of credit will be reduced to $14,330. Please notify us when these outstanding items are complete. Sincerely Sharmeen AI-Jaff Senior Planner W 952-227-1134 From: Max Heitzmann [mailto:max@anxon.com] Sent: Tuesday, November 03,20099:50 AM 1 To: AI-Jaff, Sharmeen Subject: RE: Wallgreens 7 and 41 Escrow Hi Sharmeen - I believe engineering is now all set on this issue, so I am hopeful that allows the release of the letter of credit. As far as the previously existing parking lot goes, we do plan on patching, sealing and re-striping for both maintenance and aesthetic purposes, but I don't see that that is actually part of the agreement, and I need to get my contractors paid before they will come out and perform the work - a payment that is being held up by the letter of credit. Thanks for your help. Max Max Heitzmann Vice President Anxon, Inc. 601 Marquette Ave. S Suite 100 Minneapolis, MN 55402 0- 612.465.0861 f- 612.341.9131 m-763.443.8613 -----Original Message----- From: AI-Jaff, Sharmeen [mailto:SAI-Jaff@cLchanhassen.mn.us] Sent: 2009-09-04 16:06 To: Max Heitzmann Subject: FW: Wallgreens 7 and 41 Escrow Max, Here are comments that I have received so far. I told you that the parking lot needs to be resurfaced in front of the strip mall and both locations need to be striped Sincerely Sharmeen AI-Jaff Senior Planner if 952-227-1134 From: Shamla, Joe Sent: Friday, September 04/ 20093:34 PM To: AI- Jaff, Sharmeen Subject: Wallgreens 7 and 41 Escrow Sharmeen, Here are the outstanding issues for this site. Both Sites 2. Provide a copy of the asbuilts. Can combine the two sites into one drawing or complete them separately. 3. Utilities must be covered by a cross-access agreement. Provide a copy of the recorded document. Wallgreens 2 " 1. The raingarden at Walgreens needs a little work. It is eroding in one area and need to be filled in and something a little bit more heavy duty might need to be put in that area - erosion control blanket, turf reinforcement mat, etc. Otherwise the plants look good. If you want to meet to discuss, let me know. Also, just curious - it doesn't show on the plan where that inlet pipe is coming from. Does it connect to roof drains somewhere, or where is the water coming from? It's obviously a significant amount. 2. Silt fence must be removed from 2 catch basins in the grassy areas. Additional Building Pad 4. Parking lot striping not complete. 5. Provide two year maintenance bond for the trail. 6. Erosion control- Silt fence must be installed until vegetation established. 7. Install eof near the trash dumpster of the retail building. 8. Verify that the cross walk for the new trail is striped. Please let me know if you have any questions. 3 BNC National Ban.k A Subsidiary ofBNCCORp, Inc. The4Ai"of Financial Success@ i 333 South Seventh Street Suite 200 Minneapolis, MN 55402 www.bncbank.com Telephone: (612) 305-2200 FAX: (612) 305-0434 IRREVOCABLE LETTER OF CREDIT ! No. 9465006 Date: October 8, 2008 TO: City of Chanhassen 7700 Market Boulevard, Box 147 Chanhassen, Minnesota 55317 Dear Sir or Madam: We hereby issue, for the account ofSEY41, LLC and in your favor, our Irrevocable Letter of Credit in the amount of$182,963.00, available to you br your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Lett~r of Credit No. 9465006, dated October 8, 2008, of BNC National Bank'" ' , b) Be signed by the Mayor or City Man4ger ofthe City ofChanhassen; c) Be presented for payment at 333 South 7th Street, Suite 440, Minneapolis, Minnesota, 55402, on or before 4:00 p.m. on October 8, 2009; . d) Be accompanied by the Mayor's or <i::ity Manager's written certification to BNC National Bank certifying that "That the Developer has failed! to comply with the Site Plan Agreement dated May 12, 2008 between the City and the Developer and that the City is entitled in accordance with the terms of the Site Plan Agreement to draw on the Letter of Credit". The amount available to be drawn under this Letter of Credit may be reduced, from time to time, upon receipt by BNC National Bank of a certifIcate from the City of Chanhassen which specifically sets forth the particular amount by which the Lett~r of Credit is to be reduced. The amount available under this Letter of Credit shall be reduced by an aJ-tiount equal to the amount stated in the certificate from the City of Chanhassen. i This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty- five (45) days prior to the next annual renewaI date (which shall be October 8 of each year), the Bank delivers written notice to the Chanhassen City rv;{anager that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if $ent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prio~ to the next annual renewal date addressed as follows: Chanhassen City Manager, Chanhassen City H~l, 7700 Market Boulevard, P.O. Box 147, Chanhassen, MN 55317, and is actually received by the City at le$t thirty (30) days prior to the renewal date. Gr EQUAL HOUSING LENDER Member FDIC This Letter of Credit sets forth in full pur understanding which shall not in any way be modified, amended, amplified, or limited by reference t~ any document, instrument, or agreement, whether or not referred to herein. ' , This Letter of Credit is not assignable. IThis is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. ' This Letter of Credit shall be governe~ by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Fhamber of Commerce Publication No. 500. We hereby agree that a draft drawn un4er and in compliance with this Lette honored upon presentation. BY: Its ~~ i!JfJ it shall be duly