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Letter of Credit 1215CITY OF CAANgASSEN 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 wwadchanhassen.mn.us January 3, 2011 Mr. Kevin Kuboushek President Eagle Valley Bank, NA 14800 Galaxie Avenue, Suite 100 Apple Valley, MN 55124 Re: Twin Cities Self Storage, Chaska, LLC Release of Letter of Credit No. 1215 Planning Case 2008 -10 Dear Mr. Kuboushek: Enclosed please find Letter of Credit No. 1215 in the amount of $16,000.00. This letter of credit was required to guarantee compliance with the terms of the Amended and Restated Conditional Use Permit 87 -02 and Interim Use Permit 92 -01 for the above - referenced project, specifically for pond construction, erosion control maintenance, and landscaping requirements. As these requirements have been met, we are returning the letter of credit and closing our files on this project. If you have any questions or concerns, please contact me by email at akairies @ci.chanhassen.mn.us or at 952- 227 -1132. Sincerely, CITY OF CHANHASSEN Angie Kairies Planner I AK:ktm Enclosure c: Bruce Lamo, Bruce Lamo Construction g:\plan\2008 planning cases \08 -10 nick's storage & parking \lc release letter 01 -04 -201 l.doc Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow �W E AGLFVALLFY- Apple Valley 14800 GALAXIE AVE., SUITE 100 APPLE VALLEY, MN 55124 BANK Since 1919 IRREVOCABLE LETTER OF CREDIT TO: City of Chanhassen 7700 Market Boulevard, Box 147 Chanhassen, Minnesota 55317 Dear Sir or Madam: PHONE 952 - 431 -3232 FAX 952 - 431 -3244 No. 1215 Date: 09/24/2010 We hereby issue, for the account of TWIN CITIES SELF STORAGE CHASKA LLC and in your favor, our Irrevocable Letter of Credit in the amount of 16,000.00 available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, 'Drawn under Letter of Credit No. 1215 dated 09/24/2010 of Ea le Valle Bank, NA b) Be signed by the Mayor or City Manager of the City of Chanhassen; c) Be presented for payment at 14800- Galaxie Ave, Ste 1.00, Apple Valley, MN on or before 3:00 p.m. on November 17.2010 This Letter of Credit shall automatically renew for successive one -year terms unless, at least forty -five (45) days prior to the next annual renewal date (which shall be November 17 of each year), the Bank delivers written notice to the Chanhassen City Manager that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty- five (45) days prior to the next annual renewal date addressed as follows: Chanhassen City Manager, Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, MN 55317, and is actually received by the City Manager at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This 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 governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 500. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. EAGLE VALLEY BANK NA by: KEVIN F. KUBOUSHEK Its President Our business is community building. E -MAIL evb @eaglevalleybank.com One family. One how. One business all a tittle. WEB SITE www.eaglevalleybank.com tli3l" 011, M T W T F s M T W T F IM M T W T F 5 i 1 2 3 4� 1 "345 7 .................. 9'10 it 12 13 14 t5 14 15 16 17 18 t9 1U'11 12 13 14 15 16 !8 17 18 19 20 21� 21 22 23 24 2 25 2 1? 18 19 20 21 22 23 23,24 25 27 6 29 30 31 r 24 25 26 27 28 29 3-, 3t} 31 ig Securities g loom. 10/25/10 10/25/10 0 LC #1215 expires 1 1/17/10 - Replaces LC #1209 (automatically renews for successive one -year terms) Nick's Storage & Parking Planning Case 08 -10 Amended & Restated CUP 87 -2 and IUP 92 -1 $16,000 ($12,250 for pond construction and erosion control maintenance; $3,750 for landscaping) Notify Angie Kairies 9/29/10 - Bank exchanged LC #1215 for LC #1209 in the amount of $16,000 at City Hall front desk. Kim 9/30/10 - Per Angie, remind her to check on pond installation on 10/25/10. Pond installation deadline is 10/29/10. Kim 11/18/10- Notified Angie. Kim 11/18/10 - Angie spoke to Bruce Lamo this morning and John McCain, McCain Engineering, should be submitting the asbuilt for the pond this week or the beginning of next week. Once we receive and approve the asbuilt/pond we can release the letter of credit. 12/9/10 -Notified Angie regarding status of receipt of pond as- builts. Kim 12/28/10 -Per Angie okay to release letter of credit. Activity closed. Kim ........ .. ....... .. . .. ... . .... ... . . . ... ...... ...... ... ........ . .................... .............. .. . . .. .. . . ... ......... .. . . . . . .. .. . . . . . ......... .. . . . .. ....... ......... ... .. ....... . ....... .......... ... . . .... ......... ... .. ............ .................... ... .. . . . .. .. . . . .... . ..... . ... ............ . .. . ......... . ..... . . ...... . .. ... ..... ... .. .. .. .................... ...... ..... ..... . .. ... ... .. . .. .. ............... ............. . . . . . . .... . . . ... ............. .. ....... ........... ............................... . ....... ....... ......... . . . ... . ........................ ....... .................... 0 2011 Lotus Development Corp. 1/3/11 at 11:39 AM S= Status P= Priority Page 1 CS I� Meuwissen, Kim From: Kairies, Angie Sent: Tuesday, December 28, 2010 8:43 AM To: Meuwissen, Kim Subject: Nick's Storage pond escrow Kim, We can release the security for the pond. Angie Angie Kairies Planner I City of Chanhassen 7700 Market Blvd Chanhassen, MN 55317 Direct dial: 952 - 227 -1132 Fax: 952 - 227 -1110 email: akairies @ci.chanhassen.mn.t Website: www.ci.chanhassen.mn.us �rAGLE VALLEF Apple Valley BANK 14800 GALAXIE AVE., SUITE 100 Since 1919 PHONE 952- 431 -3232 APPLE VALLEY, MN 55124 IRREVOCABLE LETTER OF CREDIT FAX 952-431-3244 No. 1215 Date: 09/24/2010 TO: City of Chanhassen 7700 Market Boulevard, Box 147 Chanhassen, Minnesota 55317 Dear Sir or Madam: We hereby issue, for the account of TWIN CITIES SELF STORAGE, CHASKA, LLC and in your favor, our Irrevocable Letter of Credit in the amount of 16,000.00 available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, " Drawn under Letter of Credit No. 1215, dated 09/24/2010, of Eagle Valley Bank, NA "; b) Be signed by the Mayor or City Manager of the City of Chanhassen; c) Be presented for payment at 14800 Galaxie Ave, Ste 100, Apple Valley, MN on or before 3:00 p.m. on November 17, 2010 This Letter of Credit shall automatically renew for successive one -year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be November 17 of each year), the Bank delivers written notice to the Chanhassen City Manager that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty -five (45) days prior to the next annual renewal date addressed as follows: Chanhassen City Manager, Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, MN 55317, and is actually received by the City Manager at least thirty (3 0) days prior to the renewal, date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This 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 governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 500. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. EAGLE VALLEY BANK, NA by. KEVIN F. KUBOUSHEK Its President Our business is community building. E -MAIL evb @eaglevalleybank.com One family. One home. One business at a tithe. WEB SITE www.eaglevalleybank.com -L� .20�_ . :AU cs>zoa<r :, A .s .temf7e�zaoo M T W T F . 9 =' M T W T F rS M T W T F Sn 1 2 3 4 1 2 .......... 2 3 4 5 6 7 6 7 8 9 10 11 8 4 ...5... 6 7 8 9 g .. i - ; . 1 . 0 .. 1 . 1 ... 1 . 2 .. 13 14 � 13' 14 15 16 17 18 �9 +itT` 11 12 13 14 15 '18 16r 17 18 19 20 21 2(3 21 22 23 24 25; 18 19 20 21 22 X23 23,24 25 26 27 28 29 27 28 29 30 31 24 25 26 27 28 29 3Q 3b -31 ......... ........ ..... ... Securities . ,.,.�� ..�xs. .�.�.. - .,c.,• ... < P _�18gQ.. a,7" stlo a'y °� SP s a''"3 "' °- ¢ x. - IWA 11/1/10 11/17/10 F LC #1209 expires 11/17/10 - Replaces LC #716 (automatically renews for successive one -year terms) Nick's Storage & Parking Planning Case 08 -10 Amended & Restated CUP 87 -2 and IUP 92 -1 $16,000 ($12,250 for pond construction and erosion control maintenance; $3,750 for landscaping) Notify Angie Kairies .. . .. . .. .. .. ........ . . . .. ........ . . .............. ........ . ... ... . . I ...... ............. ....... ... .. . .... ... .. . . . ......... .... . .. . ... . . ..... . .... ............ . ......................... . . . . . ....... . . .. .. ................. ...... . ..... . .................................... ... .. .. ... ... .. . . . .. . .. . .... . . . .. .. ..................... . .. ...... . . . . ......... ...... ... . . . . . ... . .............. . ............... . . .. ..... .. . . . .. ...... .. . . .. .. . .. .... ..... ....... . .. . ... . . . . . . ... . ............. ... . .. ... . . . . .. .. . . . . ........... ... . . .. ................ . .................................................... ... .... .... .. ...... . .............. . ... . .. . ....... . .. . . ................. . . . .. .... .................... ......... . ... ....... . ... .. ........ .. . . . .. .. . ........... . . .. . . ......... . .. . .. ............... . .. . . .. . . .. ...... .. ....... . ... . .. . .. . . ......... ..... . . 0 2009 Lotus Development Corp. 11/18109 at 10:08 AM S= Status P= Priority Page 1 IRREVOCABLE LETTER OF CREDIT TO: City of Chanhassen 7700 Market Boulevard, Box 147 Chanhassen, Minnesota 55317 Dear Sir or Madam: No. 1209 Date: 11/17/2009 We hereby issue, for the account of PROGRESS VALLEY STORAGE OF MINNESOTA, LLC and in your favor, our Irrevocable Letter of Credit in the amount of 16,000.00 available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, ' Drawn under Letter of Credit No. 1209, dated 11/17/2009, of Eagle Valley Bank, NA "; b) Be signed by the Mayor or City Manager of the City of Chanhassen; c) Be presented for payment at 14800 Galaxie Ave, Ste 100, Apple Valley, MN , on or before 3.00 p.m. on November 17, 2010 This Letter of Credit shall automatically renew for successive one -year terms unless, at least forty-five (45) days prior to, the next annual renewal date (which shall be November 17 of each year), the Bank delivers written notice to the Chanhassen City Manager that it intends to modify the terms of, or cancel, this Letter of Credit! Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Chanhassen City Manager, Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, MN 55317, and is actually received by the City Manager at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This 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 governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 500. I We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. EAGU VALLEY BANK NA by: STEVEN J PETERSON Its VP Commercial Lending t CARVED. COUNTY RECORDER /REGIS OF TITT.F.0 DOCUMENT 0 Document No. OFFICE OF THE COUNTY RECORDER A 4 Z 6 5 CARVER COUNTY, MINNESOTA Fee: $ 46.00 Check#: 19680 Certified Recorded on 11 -12 -2008 at 01:00 ❑ A PM 491605 Cart . nso , Jr. CountyPerer DOCUMENT TITLE: DOCUMENT DATE: loll NAMES: CITY OF CHANHASSEN CARVER AND ]HENNEPIN COUNTIES, MINNESOTA AMENDED AND RESTATED CONDITIONAL USE PERMIT #87 -2 INTERIM USE PERMIT #92 -1 1. Permit. Subject to the terms and conditions set forth herein and with the Conditional Use Permit 87 -2/ Interim Use Pen-nit 92 -1 recorded with Carver County on April 23, 1992, Document No. 134346, the City of Chanhassen hereby grants: a) A Conditional Use Permit for a mini- storage facility. b) Interim Use Permit for screened outdoor storage. 2. Property. The permit is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as shown on the attached Exhibit A. 3. Conditions. The permit is issued subject to the following conditions: a. The 60 parking stalls for various vehicle storage shall be confined to the area labeled Phase III in the attached Exhibit B and the area shall have a gravel or grass surface. b. The applicant shall provide 15 Black Hills Spruce along the fence line to provide 100 percent screening of the outdoor storage area. 1. The applicant shall submit a letter of credit to cover the cost of material installation and a one -year warranty. c. Drainage and utility easement is shown but must be revised to include: 1. Add ten feet of width for a total of 20 feet of easement between the drive entrance and the pond easement. 2. Provide drainage and utility easement description and drawing 3. Drainage and utility easement must cover entire 944 contour on the east side of the pond. d. Update sheet 2 of 2 skimmer detail to show a berm elevation of 744. e. Plans and report must be signed by a registered engineer registered in the state of Minnesota. f. Security of $12,000 must be provided to the City for the construction of the pond and maintenance of erosion control. g. The pond must be completed no later than November 15, 2008. h. A detailed erosion control plan will be needed. At a minimum, this plan shall include: 1. Erosion control blanket (category 3) on all slopes 3:1 or steeper. This includes the ponds. 2. Perimeter silt fence needs to be shown. 3. A re- vegetation plan for all disturbed areas. Deep- rooted woody vegetation is encouraged north of the outdoor storage area. 4. An inspection of erosion control must be conducted prior to construction commencement. i. Any additional development to Parcel A or Parcel B shall require additional stormwater ponding. (This would include Phase III of Parcel A). j. The 60 outdoor storage units shall not increase the hard surface coverage on the site. k. The outdoor storage shall be removed from the site upon completion of Phase III of the mini - storage facility. 1. Sign 2, the ground to 1 profile along Old Highway 212, must be removed. I m. Sign 4, the directional sign at the corner of Old Highway 212 and Stoughton Avenue, must be removed. n. Sign 1, the entrance sign along Stoughton Avenue: 1. Shall meet the definition of a ground low profile sign in that it must be in contact with the ground; 2. May not exceed 64 square feet of sign display area; 3. May not be great r than 8 feet in height; 4. A sign permit m�st be approved prior to alterations and Signs 2 and 4 must be removed prior to sign pernpit approval. o. Sign 3, the pylon sigh along Old Highway 212 - A sign permit must be approved prior to alterations and Signsl 2 and 4 must be removed prior to sign permit approval. 4. Termination f Permit. The City may revoke Ithe permit following a public hearing for violation of the terms of This permit. P 5. Lapse. If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced, this permit shall lapse, unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. 1 2 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: October 13, 2008 CITY OF CHANHASSEN BY: ;r6 rlong, May r (SEAL) AND: 'J`� ` Gerhardt, City Manager STATE OF MINNESOTA ( ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this o&A�? '200 , by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. DRAFTED BY: City of Chanhassen P. O. Box 147 7700 Market Boulevard Chanhassen, MN 55317 (952) 227 -1100 3 n KAREN J. ENGELHARDT Notary Public- Mirnneso o My Commission Ex ires Jan 3 o v EXHIBIT A All that part of the SE 1/4 of the:SW 1/4 of Section 34, Township 116, Range 23, Carver County, Miiirii"iay described as follows: Commencing at the BE corner of said SW 1/4 Section 34- 116 -23 running thence North along 1/4 line to the South' line of right of way of Milwaukee and St. Louie Railway Co.,; thence Southwesterly along South line of said right of way to South line of said Section 34; thence East along said Section line to place of beginning. Being all that part of BE 1/4 of SW I/4 said Section lying 'South of right of way of said Milwaukee and St. Louis Railway Co., and con- taining 2 1/2 acres. ► --1, The SW 1/4 of the BE 1/4 of Section 34, Township 116, Range 23, lying southerly of the Southeasterly right of way line of the Chicago and Northwestern Railway Company, Carver o✓3unty, Minnesota, EXCEPTING therefrom the following described parcels: Parcel 1: A strip of land over &ad across the SW 1/4 of BE 1/4 Section •34- 116-23 being 53 feet in vidtb on each side of center line of Trunk Highway No. 51, and said center line being. described as follows: From a point on East line of said Section distant 874.8 feet Northerly from the Southeast corner of said Section; thence running in a Southwesterly direction at an angle of 82 with said Section line for a distance of 1000.5 feet to a point; thence deflect to the right 9'00' on curve with delta angle of 57 and radius of 716.8 feet for a distance of 441.4 footsore or less to the East line of said SW 1 /4.of BE 1/4; ;thence continuing on said curve for a distance of 272.6 feet to a point; thence on a tangent to said curve fort, a distance of 272.6 feet to a. point; thence on a tangent to said curve for a distance of. 819.6 feet to a point; thence deflect to the left on a 15.00 curve with delta angle of 95'26' and radius of 383.1 feet for a distance of 393 feet most or less to the North and South 1/4 line of said Section and there terminating excepting therefrom that part of the right of way of Minneapolis 'and St. Louis Railway Company which lies within said strip. Parcel 2: Beginning at point 2040 chains West from BE corner of said Section 34 running thence North 4.06 chains to center of Chaska and Shakopee Road; thence South 64'30' Wei 8.93 chains; thence East 8.16 chains io place of beginning. Containing 1.65 acres. j Parcel 3: Commencing at BE corner'of SW 1/4 of SE 1/4; thence North 4.06 chains to center of Chaska and Shakopee Road, the point of beginning of tract to be conveyed herewith; thence, South 64 West 170 feet to point of center of said road; thence North and parallel to'East line of said SW 1/4 of BE 1/4 to South line of Trunk Highway No. 51; thence Southeasterly along South line Truck* Highway No. 51 to point where same intersects East line of said SW 1/4 of BE 1/4; thence South along said East line, to place of beginning. Containing 1/2 acre, more or less. 1 11 Parcel 4: Commencing let the point of intersection of the East line df the Al 1/4 of the BE 1/4 of Section 34- 116 -23, and. the Northerly right of way line of U.S. Trunk Highway #212, as the same presently exists and runs through said ISW 1/4 of SE 1/4 of Section 34, which said Point of intersection is the place of beginning of the land to, be herein described; thence running Northwesterly along said Northerly right of way line a distance of 292 feet to a point thereon; thence turning and running East parallel to the South Section line of Said Section 34, a distance of 1 329, feet, more or less to the said East line lof the SW 1/4 of the BE 1/4 of Section 34; thence turning and running South along said East line J distance of 312 feet more or less to the place of beginning, lying and befas in the SW 1/4 of BE 1/4 of Section 34- 116 -23 and coa tain ng 1.10 acres of land, more or less: �i I � I ,s / � ' , � .. � � X1"'1 r � hql v r M T W T F; S; S s M T W T F :5, M T W T F. S 1 2 3 4 1s2 3 4 5 6 7 8 6 7 8 9 10 11 4 5 6 7 8 9 10 11 12 13 14 k 7S z 14 15 16 17 18 f{l 11 12 13 14 15 " ..... .... 16 "17 18 19 20 21 21 22 24 25 2 7 18 19 20 21 22123 2324 25 26 27 28 ?�7 28 29 ....... 30 31 y 80 §t K 25 26 ,27 28 29. Securities �5tart fill l � i0660 d85C(I 14(1 a � a h ME 10F s p y y 11/9/09 11/17/09 ® LC #716 expires 11/17/09 Nick's Storage & Parking Planning Case 08 -10 Amended & Restated CUP 87 -2 & IUP 92 -1 $15,750 ($12,000 for pond construction and erosion control maintenance, $3,750 for landscaping) Notify Angie Auseth 10/2/09 - Notified Angie of impending expiration. Check status 10/15/09. Kim 10/27/09 - Angie requested new LC from Jake Gibbs via email. Check status 11/1/09. Kim 10/29/09 - LC renewal request letter sent to bank with copy to Jake Gibbs. Check status 11/9/09. Kim 11/18/09 - Received replacement Letter of Credit No. 1209 from Eagle Valley Bank in the amount of $16,000. Returned LC #716 to St. Stephen State Bank in St. Cloud. Activity closed. Kim .................................. ............................... .................................................................................................................................................................................................... ............................... ® 2009 Lotus Development Corp. 11/18109 at 11:49 AM S= Status P= Priority Page 1 1 0 CITY OF CHMISSEN 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 wwadchanhassen.mn.us November 18, 2009 St. Stephen State Bank — St. Cloud 39503 rd Street North St. Cloud, MN 56303 Re: Letter of Credit No. 716 Nick's Storage & Parking Amended & Restated Conditional Use Permit 87 -2 and Interim Use Permit 92 -1 Planning Case No. 08 -10 To Whom It May Concern: Enclosed 'please find original Letter of Credit No. 716 in the amount of $15,750.00 which expired on November 17, 2009. A replacement letter of credit was issued from different bank to comply with the terms of Amended & Restated Conditional Use Permit 87 -2 and Interim Use Permit 92 -1 for Nick's Storage & Parking in Chanhassen: If you have any questions, feel free to contact me at 952- 227 -1132 or by email at akairies @ci.chanhassen.mn.us Sincerely CITY O CHANHASSEN Angie Kaines Planner I AK:ktm Enclosur gAplan\2008 planning cases \08 -10 nick's storage & parking \lc,return letter 11- 18- 09.doc Chanhassen is a Community for life - Providing for Today and Planning for Tomorrow IRREVOCABLE LETTER OF CREDIT Borrower: W Jacques Gibbs ( Lender: St. Stephen State Bank 100 Washington Square, Suite 1200 St. Cloud Minneapolis, MN 55401 3950 3rd Street North St. Cloud, MN 56303 (320) 259 -9560 Beneficiary: City of Chanhassen 7700 Market Boulevard Chanhassen, MN 56317 NO.: 716 EXPIRATION DATE. This letter of credit shall expire upon the close of business on 11 -17 -2009 and all drafts and accompanying statements or documents must be presented to Lender on or before that time (the "Expiration Date "). AMOUNT OF CREDIT. Lender hereby establishes at the request and for the account of Borrower, an Irrevocable Letter of Credit in favor of Beneficiary for a sum of Fifteen Thousand Seven Hundred Fifty & 00/100 Dollars ($15,750.00) (the "Letter of Credit "). These funds shall be made available to Beneficiary upon Lender's receipt from Beneficiary of sight drafts drawn on Lender at Lender's address indicated above (or other such address that Lender may provide Beneficiary in writing) during regular business hours and accompanied by the signed written statements or documents indicated below. WARNING TO BENEFICIARY: PLEASE EXAMINE THIS LETTER OF CREDIT AT ONCE. IF YOU FEEL UNABLE TO MEET ANY OF ITS REQUIREMENTS, EITHER SINGLY OR TOGETHER, YOU SHOULD CONTACT BORROWER IMMEDIATELY TO SEE IF THE LETTER OF CREDIT CAN BE AMENDED. OTHERWISE, YOU WILL RISK LOSING PAYMENT UNDER THIS LETTER OF CREDIT FOR FAILURE TO COMPLY STRICTLY WITH ITS TERMS AS WRITTEN. DRAFT TERMS AND CONDITIONS. Lender shall honor drafts submitted by Beneficiary under the following terms and conditions: Upon Lender's honor of such drafts, Lender shall be fully discharged of Lender's obligations under this Letter of Credit and shall not be obligated to make any further payments under this Letter of Credit once the full amount of credit available under this Letter of Credit has been drawn. Beneficiary shall have no recourse against Lender for any amount paid under this Letter of Credit once Lender has honored any draft or other document which complies strictly with this Letter of Credit, and which on its face appears otherwise in order but which is signed, issued, or presented by a party or under the name) of a party purporting to act for Beneficiary, purporting to claim through Beneficiary, or posing as Beneficiary without Beneficiary's authorization. By paying an amount demanded in accordance with this Letter of Credit, Lender makes no representation as to the correctness of the amount demanded and Lender shall not be liable to Beneficiary, or any other person, for any amount paid or disbursed for any reason whatsoever, including, without limitation, any nonapplication or misapplication by Beneficiary of the proceeds of such payment. By presenting upon Lender or a confirming bank, Beneficiary certifies that Beneficiary has not and will not present upon the other, unless and until Beneficiary meets with dishonor. Beneficiary promises to return to Lender any funds received by Beneficiary in excess of the Letter of Credit's maximum drawing amount. USE RESTRICTIONS. All drafts must be marked "DRAWN UNDER St. Stephen State Bank IRREVOCABLE LETTER OF CREDIT NO. 716 DATED 11 -17- 2008," and the amount of each daft shall be marked on the draft. Only Beneficiary may complete a draft and accompanying statements or documents required by this Letter of C edit and make a draw under this Letter of Credit. This original Letter of Credit must accompany any draft drawn hereunder. i Partial draws are permitted under this Letter of Credit. Lender's honor of a partial draw shall correspondingly reduce the amount of credit available under this Letter of Credit. Following a partial draw, Lender shall return this original Letter of Credit to Beneficiary with the partial draw noted hereon; in the alternative, and in its sole discretion, Lender may issue a substitute Letter of Credit to Beneficiary in the amount shown above, less any partial draw(sj. PERMITTED TRANSFEREES. The right to i draw under this Letter of Credit shall be nontransferable, except for: A. A transfer (in its entirety, but not in part) by direct operation of law to the administrator, executor, bankruptcy trustee, receiver, liquidator, successor, or other repres ntative at law of the original Beneficiary; and B. The first immediate transfer (in is entirety, but not in part) by such legal representative to a third party after express approval of a governmental body (judicial, administ ative, or executive). TRANSFEREES REQUIRED DOCUMENTS When the presenter is a permitted transferee (i) by operation of law or (ii) a third party receiving transfer from a legal representative, as described above, the documents required, for a draw shall include a certified copy of the one or more documents which show the presenter's a thority to claim through or to act with authority for the original Beneficiary. COMPLIANCE BURDEN. Lender is not responsible for any impossibility or other difficulty in achieving strict compliance with the requirements of this Letter of Credit precisely as written. Beneficiary understands and acknowledges: (i) that unless and until the present wording of this Letter of Credit is amended with Lender's prior ritten consent, the burden of complying strictly with such wording remains solely upon Beneficiary, and (ii) that Lender is relying upon the lack of such amendment as constituting Beneficiary's initial and continued approval of such wording. NON- SEVERABILITY. If any aspect of this Letter of Credit is ever declared unenforceable for any reason by any court or governmental body having jurisdiction, Lender's entire enga]ement under this Letter of Credit shall be deemed null and void ab initio, and both Lender and Beneficiary shall be restored to the position each would have occupied with all rights available as though this Letter of Credit had never occurred. This non - severability provisior{ shall override all other provisions in this Letter of Credit, no matter where such provision appears within this Letter of Credit. GOVERNING LAW. This Agreement will e governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Minnesota without regard to its conflicts of law provisions, and except to the extent such laws are inconsistent with the 2006 Revision of the Uniform Customs and Practice for Documentary Credits of !the International Chamber of Commerce, ICC Publication No. 600. This Agreement has been accepted by Lender in the State of Minnesota. EXPIRATION. Lender hereby agrees with Beneficiary that drafts drawn under and in compliance with the terms of this Letter of Credit will be duly honored if presented to Lender on or 'before the Expiration Date unless otherwise provided for above. Dated: November 17, 2008 IRREVOCABLE LETTER OF CREDIT Loan No: 03- 546700 -57 (Continued) Page 2 LENDER: ST. STEPHE 'TEBANK By: Auth zed n F7 A ENDORSEMENT OF DRAFTS DRAWN: Amount Amount Date Negotiated By In Words In Figures LASER PRO Landing, Ve, 5.42.00.OD4 Cop,. Nnlmd Financial Solationt, Inc. 1997, 2009. All flights Re—od. - MN N:\CFI %LPL %C4AOC.FC TR -2299 PR -4 0 CITE OF CgANBASSEN 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 wwadchanhassennn.us October 29, 2009 St. Stephen State Bank St. Cloud 3950 3 rd Street North St. Cloud, MN 56303 Re:. Request for Renewal of Letter of Credit No. 716 Nick's Storage & Parking — Planning Case 08 -10 To Whom It May Concern: Upon review of our records, it appears Letter of Credit No. 716 in the amount of $15,750 is scheduled to expire on November 17, 2009 (copy enclosed). As the referenced project has not been completed, we are requesting that the letter of credit be renewed with a new expiration date of November 17, 2010, using the attached letter of credit format. Please renew this letter of credit in the requested format and return to my attention no later than November 9, 2009. If you have any questions, please do not hesitate to contact me at 952 - 227 -1132 or by email at akairies @ci.chanhassen.mn.us. Sincerely, CITY OF CHANHASSEN gAplan\2008 bmni.gnses\68- 10 nick's storage & parkingVc renewal letter10- 29- 09.doc Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow IRREVOCABLE LETTER OF CREDIT TO: City of Chanhassen 7700 Market Boulevard, Box 147 Chanhassen, Minnesota 55317 Dear Sir or Madam: No. _ Date: We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable Letter of Credit in the amount of $ available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. , dated 2Q—, of (Name of Bank) " b) Be signed by the Mayor or City Manager of the City of Chanhassen. c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on , 20 This Letter of Credit shall automatically renew for successive one -year terms unless, at least forty - five (45) days prior to the next annual renewal date (which shall be of each year) the Bank delivers written notice to the Chanhassen City Manager that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty -five (45) days prior to the next annual renewal date addressed as follows: Chanhassen City Manager, Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, MN 55317, and is actually received by the City Manager at least thirty (30) days prior to the - renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This 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 governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 600. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. BY: — Its