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Letter from CK to North American Title Company 08-09-20131 August 9, 2013 HAND DELIVERED Ms. Kimberly Schultz North American Title Company 5001 American Boulevard, Suite 300 Bloomington, Minnesota 55431 Re: City of Chanhassen — B. Elmer Family Farms, LLC Plat of Jeurissen Ridge Dear Ms. Schultz: This office is legal counsel for the City of Chanhassen. For convenience, North American Title Company is referred to in this letter as "you." This letter ( "Escrow Instructions ") constitutes Escrow Instructions for the closing scheduled for August 9, 2013, with B. Elmer Family Farms, LLC. The City's closing documents are enclosed herewith. The City's closing documents shall be disbursed strictly in accordance with the Escrow Instructions. Attached to this letter is an acknowledgement by you of the receipt of this letter and your agreement to hold and disburse the closing documents and funds in accordance with the Escrow Instructions. Prior to undertaking any actions related to the Escrow Instructions, you must first sign and return a copy of this letter to me via fax (original to follow by mail). 1. Documents. The following City documents are included herein: A. Development Contract between the City of Chanhassen and B. Elmer Family Farms, LLC for Jeurissen Ridge; B. Official final plat mylar for Jeurissen Ridge; C. Three paper copies of final plat (1" — 200' scale) (one each to County Auditor, County Assessor and County Surveyor); and D. Easement for permanent flowage and preservation and protection of wetlands. 2. Closing Conditions. The escrowed documents are to be disbursed, if and only if, the following conditions have been met: 167623vt Ms. Kimberly Schultz August 9, 2013 Page Twp A. B. Elmer Family Farms, LLC has delivered to you a check payable to the City of Chanhassen or you are able to pay to the City from the closing proceeds the amount of $802,627.43 for the deferred assessment for Bluff Creek Boulevard Improvement Assessment (City Project 06 -05) levied against the Subject Property. (This amount increases by $98.83 per day.) V B. B. Elmer Family Farms, LLC has delivered to you a check payable to the City of Chanhassen or you are able to pay to the City from the closing proceeds the amount of $800.00 to cover he City's costs for final plat review, attorney's fees and document recording. . B. Elmer Family Farms, LLC has delivered to you a Grant of Permanent and Temporary Easement from Degler Land Company, LLC to the City of Chanhassen (copy enclosed). JD. B. Elmer Family Farms, LLC has delivered to you a Grant of Pennanent and Temporary Easement from Chanhassen Residential Development Partners, LLC to the City of Chanhassen (copy enclosed). V E. You are prepared to record a Certificate of Full Release of Mortgage and Assignment of Rents and Profits releasing the mortgage dated September 23, 2011, recorded on Octo�ber /3, 2011, as Document No. 543137. VF. You are prepared to record a Certificate of Full Release of Mortgage and Assignment of Rents and Profits releasing the mortgage dated January 30, 2013, and recorded on February 5, 2013, as Document No. 571094. G. You have received all documents that you deem necessary and are immediately prepared to record the Certificates of Full Release of Mortgage and Assignments of Rents and Profits as referred to above, Development Contract, Plat mylar and Easement in the following order and prior to any transfer documents or other liens or encumbrances: i Z' Certificate of Full Release of Mortgage and Assignment of Rents and Profits releasing the mortgage dated September 23, 2011, recorded on October 3, 2011, as Document No. 543137; Y Certificate of Full Release of Mortgage and Assignment of Rents and Profits releasing the mortgage dated January 30, 2013, and recorded on February 5, 2013, as Document No. 571094; ,3' Development Contract; Plat mylar; 5! Easement; Warranty Deed from B. Elmer Family farms, LLC to U.S. Home Corporation; and —7- -- Mortgage documents +f-any: I71725vI Ms. Kimberly Schultz August 9, 2013 Page Three H. You have received telephonic instructions from the undersigned or member of this firm to proceed with the closing of the transaction. 3. Closing Instructions. When the conditions under Section 2 of these Escrow Instructions have been met, you shall: A. Deliver to the City your check payable to the City of Chanhassen in the amount of 5802,627.43 for the deferred assessment for Bluff Creek Boulevard Improvement Assessment (City Project 06 -05) levied against the Subject Property. Deliver to the City your check payable to the City of Chanhassen in the amount of 5800.00 to cover the City's costs for final plat review, attorney's fees and document recording. C� Once all documents have been recorded with the County, provide this office with the appropriate recording information by requesting the County Recorder to complete the enclosed blue "Filing of Documents" sheet and emailing the completed sheet to me. The City will not permit the developer to start work on the project until we receive the recording information. D.�1 Have the original recorded Development Contract and Easement returned to me after recording. 1::4:� : Closing Date. Unless you are able to close this transaction before the end of business Friday, August 9, 2013, you shall return the Escrowed Documents to me, unless you receive other instructions from the respective parties. Very truly yours, Campbell Knutson Professional Association AMP:cjh By: 4�� �4e/ Enclosure Andrea McDowell Poehler Agreed to and accepted thiscPlday of2013. North erican e Company i By F [! umberly Schu z 171725vI