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Letter of Credit Documents for Wooddale Builders SPA0 July 9, 2014 CITY OF 7700 Markel Boulevard Mr. John Ossanna PC Box 147 Construction Finance, Inc. Chanhassen, MN 55317 6125 Blue Circle Drive Fax: 952.227.1110 Minnetonka, MN 55343 Administration Enclosure Phone: 952.227.1100 Re: Letter of Credit No. 127007 for Lakeside Site Plan Permit 2006 -26 Fax: 952.2271110 ( Wooddale Builders, Inc.) Building Inspections Phone: 952.227.1180 Dear Mr. Ossanna: Fax: 952.227.1190 The above - referenced project has been completed in general conformance with Site Engineering Phone: 952.2271160 Plan Agreement 2006 -26. Therefore, we are returning your original Letter of Credit Fax: 952.227.1170 No.127007. Finance If you should have any questions, please contact me at 952- 227 -1131 or by email at Phone: 952.2271140 Fax: 952.2271110 bgencrous @ci.chanhaSsen.mn.us. Park & Recreation Sincerely, Phone: 952.227.1120 Fax 952.227.1110 }!� Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Robert Generous, AICP Fax: 952.2271404 Senior Planner Planning & Natural Resources BG:ktm Phone: 952.227.1130 Fax: 952.227.1110 Enclosure Public Works 7901 Park Place c: Steve Obermueller, Wooddale Builders, Inc. Phone: 952.227.1300 g: \plan\2006 planning cases \06- 26 1akeside \letter of credit release letter 07 -09- 2014.docx Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.n n.us Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow CITY OF CHANHASSEN Construction Finance, Inc. RECEIVED 6125 Blue Circle Drive JUL 13 2011 Minnetonka, Minnesota 55343 CHANHASSEN PLA MNG DEPT Ph. (952) 974 -3883 * Fax (952) 974 -3883 IRREVOCABLE LETTER OF CREDIT No. 127007 Date: 07 -08 -2011 TO: City of Chanhassen 7700 Market Boulevard, Box 147 Chanhassen, Minnesota 55317 Dear Sir or Madam: We hereby issue, for the account of Wooddale Builders Inc. and in your favor, our Irrevocable Letter of Credit in the amount of $ 5,000.00 , 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. 127007. dated July 08, 2011 , of Construction Finance.Inc . b) Be signed by the Mayor or City Manager of the City of Chanhassen. c) Be presented for payment at 6125 Blue Circle Drive, Minnetonka, MN 55343 , on or before 4:00 p.m. on July 08, 2012 . 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 July 8a' 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. BY �— Its Status Report Sunday, June 01, 2014 Plan Jul 2000 Au ust 2 00 a tember 2000 S M T W T F S S M T W T F S S M T W T F S 1 2 3J4 5 2 2 ..3 ..4...5 s...7 ..8 x...7..8...9 ..1p 1112 .....q.......s......8...9 }101112139416 13141516171819 fU11 92 13 14 15.16 i�d"i't'181920 2122 211 21 22 2d 24 25'26 1718'19 26 21 2223 2324 25 26 2 28 29 2728 29 30 31 " 2425 26 27 28 29�M .p.31 ...................... ............................. ?[ Securities Start Due S P Category Description 6/1/2014 6/12014 O LC #127007 expires 7 /8/12 from Construction Finance, Inc. (automatically renews annually) Replaces expired LC #1200 Lakeside Site Plan Permit 06 -26 (Wooddale Buildm, Inc.) $5,000 ($2,500 Erosion Control, $2,500 Landscaping) LC #1200 expired 10/30/07 from Eagle Valley Bank (Replaced with LC #127007) Lakeside Site Plan Permit 06 -26 (Wooddale Builders, Inc.) $5,000 ($2,500 Erosion Control, $2,500 Landscaping) Notify Bob Generous. 11/9/07 - LC expired on 10/30/07. Kim called bank and left message requesting renewal until 10/30/08. Waiting for response. Kevin Thielfoldt from bank called and said he would issue a new LC to expire 10/30/08 and would be mailed early next week. Check status 11/14/07. Kim 11/16/07 - Left message with Shannon at Eagle Valley Bank as to status of renewal LC. Waiting for call back. Kim 11/29/07 - Called Kevin at Eagle Valley Bank. He is working on reissuing LC. Check status 12/10/07. Kim 1/2/08 - Left message for Kevin at Eagle Valley Bank. Kevin returned call and left message that LC was in process and would be mailed next week. Check status 1/11/08. Kim 1/10/07 - Received replacement letter of credit #1200 in the amount of $5,000 to expire 10/30/08. Kim 9/15/08 - Bob, This LC expires on 10/30/08. Please advise. Kim 9/16/08 - Sent letter to Kevin at Eagle Valley Bank requesting LC renewal. Check status 10/1/08. Kim 10 /1 /08 - Kim sent reminder email to Kevin at Eagle Valley Bank. Check status 10/15/08. 11/7/08 - Letter of Credit has expired. Forwarded previous email to Kevin and Eagle Valley Bank. Check status 11/12/08. Kim 12/10/08 - Sent another reminder email to Kevin at bank requesting LC renewal status. Kim 1/27/09 - Sent email reminder to Kevin at bank requesting renewal status. Kim 2/6/09 - Sent letter to Kevin at Eagle Valley Bank requesting LC be renewed. Check status 2/13/09. Kim 8/13/09 - Notified Bob Generous. Kim 8/13/09 - Per Bob no new building permits will be issued until the letter of credit is renewed. HOLD 6/4/10 -Notified Bob Generous. Kim 7/8/10 - Notified Bob Generous and Jill Sinclair. Kim 7/11/10 - Received replacement LC #127007 from Construction Finance, Inc. for $5,000 to annually renew on July 8. Check status every June 1. Kim 6/5/12 - Per Bob the site is still under construction. Check status 6/1/13. Kim 6/6/13 - Notified Bob. Per Bob, extend until 6/1/2014. Kim 6 /2 /14- Notified Bob. Kim 6/26/14 - Per Jill LC can be released. Activity closed. KM .......................... ............................... I ......................... V Lotus Development Corp, fl/ M014 M 10:52 AM S= Status P =PXoMy Page 1 Status Report Sunday, June 01, 2014 Plan Jul 2000 MZ3 12000 M­ S M T W T F S T F S 3 4 5 2 ..3 ..4...5 ..5.......8 0 ..10.1.1..12 9 10 11 1213 14 16 6 1] 18 19 10 1� 1a 19 20 2122 3 24 2526 23 2425 26272828 031 3U, 31 ...................... ............... Securities 6/1/2014 6/12014 O LC #127007 expires 7/8/12 from Construction Finance, Inc. (automatically renews annually) Replaces expired LC #1200 Lakeside Site Plan Permit 06 -26 (Wooddale Builders, Inc.) $5,000 ($2,500 Erosion Control, $2,500 Landscaping) LC #1200 expired 10/30/07 from Eagle Valley Bank (Replaced with LC #127007) Lakeside Site Plan Permit 06 -26 (Wooddale Builders, Inc.) $5,000 ($2,500 Erosion Control, $2,500 Landscapin Notify Bob Generous. 11/9/07 - LC expired on 10/30/02 Kim call bank and left message requesting renewal until 10/30/08. Waiting for response. Kevin Thi foldt from bank called and said he would issue a new LC to expire 10/30/08 and would be mailed ea y next week. Check status 11/14/07. Kim 11/16/07 -Left message with Shannon Eagle Valley Bank as to status of renewal LC. Waiting for call back. Kim 11/29/07 - Called Kevin at Eagle V Iley Bank. He is working on reissuing LC. Check status 12/10107. Kim 1/2/08 - Left message for Kev at Eagle Valley Bank. Kevin returned call and left message that LC was in process and would be ailed next week. Check status 1/11/08. Kim 1/10/07 - Received replac ent letter of credit #1200 in the amount of $5,000 to expire 10/30/08. Kim 9/15/08 - Bob, This LC pires on 10/30/08. Please advise. Kim 9/16/08 - Sent letter t evin at Eagle Valley Bank requesting LC renewal. Check status 10/1/08. Kim 10 /1 /08 - Kim sent r der email to Kevin at Eagle Valley Bank. Check status 10/15/08. 11/7/08 - Letter of relit has expired. Forwarded previous email to Kevin and Eagle Valley Bank. Check status,, /1 08. Kim 12/10/08 - Sent other reminder email to Kevin at bank requesting LC renewal status. Kim 1/27/09 - Sent ail reminder to Kevin at bank requesting renewal status. Kim 2/6/09 - Sent etter to Kevin at Eagle Valley Bank requesting LC be renewed. Check status 2113/09. Kim 8/13/09 - otified Bob Generous. Kim 8/13/09 - er Bob no new building permits will be issued until the letter of credit is renewed. HOLD 6/4/10 Notified Bob Generous. Kim 7/8/1 -Notified Bob Generous and Jill Sinclair. Kim 7/1 /10 - Received replacement LC #127007 from Construction Finance, Inc. for $5,000 to annually r on July 8. Check status every June 1. Kim 6 5/12 - Per Bob the site is still under construction. Check status 611/13. Kim /6/13 - Notified Bob. Per Bob, extend until 6 /1/2014. Kim /2/14 - Notified Bob. Kim .................................................. ._...._.._... t._.. 1.............. I ............................................. ..................... ... R. v.......... ...... ............................... ... .. .. . .. .. . .. ... .. .. . . . .. . .. . .. .. . ... . . . .. . .. . .. . .. . .. . .. ... . . . . .. .. . .. .. .. . .. .. .. . .. . .. .. .. . . .. .. . .. . .. ... . . . . .. . .. . .. . .. . .. . .. . . .. . .. . .. . . .. .. . ... . . .. . .. . .. . .. . .. . . . . .. . .. ... . . . .. . . . . . .. . . . ... . .. . .. . ... ............. 0 Loius DavabpmeM Cory. W25c014 at 1256 PM S= Status P= Pdodty P'.1 IStatus Report Sunday, June 01, 2014 Plan.OR6 Jul 2000 on 000 Se tember 2000 S M T W T F S T F M T W T F 3 4 5 1 2 .2 ..3..4...5 ..6...1..8 ..1011 12 �...4 ..5...5 ......8 ..9 ................... 9 10 11 12 13 14 15 ��17 �18�19 10��11��12 �13��14 �1�$�16 1,6.1]..18..1920,21,.22 242526 1Y�1e "�19 � 26�21�22� 23 23 N9 25 26 21 2829 J1 242526 2128 2936 3 .. 31 ...................... ............................. 6/1/2014 6/1/2014 F LC 4127007 expires 7/8/12 from Construction Finance, Inc. (automatically renews annually) Replaces expired LC #1200 Lakeside Site Plan Permit 06 -26 (Wooddale Builders, Inc.) $5,000 ($2,500 Erosion Control, $2,500 Landscaping) LC 41200 expired 10/30/07 from Eagle Valley Bank (Replaced with LC #127007) Lakeside Site Plan Permit 06 -26 (Wooddale Builders, Inc.) $5,000 ($2,500 Erosion Control, $2,500 Landscaping) Notify Bob Generous. ® LOW Development Cure. 11/9/07 - LC expired on 10/30/07. Kim called bank and left message requesting renewal until 10/30/08. Waiting for response. Kevin Thielfoldt from bank called and said he would issue a new LC to expire 10/30/08 and would be mailed early next week. Check status 11/14/07. Kim 11/16/07 - Left message with Shannon at Eagle Valley Bank as to status of renewal LC. Waiting for call back. Kim 11/29107 - Called Kevin at Eagle Valley Bank. He is working on reissuing LC. Check status 12/10/07. Kim 1/2/08 - Left message for Kevin at Eagle Valley Bank. Kevin returned call and left message that LC was in process and would be mailed next week. Check status 1/11/08. Kim 1/10/07 - Received replacement letter of credit #1200 in the amount of $5,000 to expire 10/30/08. Kim 9/15/08 - Bob, This LC expires on 10/30/08. Please advise. Kim 9/16/08 - Sent letter to Kevin at Eagle Valley Bank requesting LC renewal. Check status 10/1/08. Kim 10/1/08 - Kim sent reminder email to Kevin at Eagle Valley Bank. Check status 10/15/08. 11/7/08 - Letter of Credit has expired. Forwarded previous email to Kevin and Eagle Valley Bank. Check status 11/12108. Kim 12/10/08 - Sent another reminder email to Kevin at bank requesting LC renewal status. Kim 1/27/09 - Sent email reminder to Kevin at bank requesting renewal status. Kim 2/6/09 - Sent letter to Kevin at Eagle Valley Bank requesting LC be renewed. Check status 2/13/09. Kim 8/13/09 - Notified Bob Generous. Kim 8/13/09 - Per Bob no new building permits will be issued until the letter of credit is renewed. HOLD 6/4/10 - Notified Bob Generous. Kim 7/8/10 - Notified Bob Generous and Jill Sinclair. Kim 7/11/10 - Received replacement LC #127007 from Construction Finance, Inc. for $5,000 to annually renew on July 8. Check status every June 1. Kim 6/5112 - Per Bob the site is still under construction. Check status 6/1/13. Kim 616/13 - Notified Bob. Per Bob, extend until 6 /1/2014. Kim .... .... ................................................. ..............._____. ...................................................................................................................... ............................... I ... .......................................................................................................................... ............................... .......................................................................................................................... ............................... ..................................................................................................... ............................... I.................... .......................................................................................................................... ............................... &612013 M 10:31 AM S= Statue P= Prlotlty Page 1 Status Report Friday, June 01, 2012 Plan AR6 u s an M T W T F M T W T F M T vv T F S ..,. ..1 1 2 3 4 1 2...3...4..`'.._8_.,. $. 'd .�.. 8..s. id .1 _12 .3.4..5..6..2..8_9 '0­10 11 12 i3'id "1$ 15'14'15'Isi7 ie "i4 i'd' "ii i2 is is !3 t4 i6 17 98 16 20 21 22 2U 21 22 23 24 2YM iy,4e 19 20 21 22 2i 23'24 2525 27 2929 29 28 29 3d 31 "" "... 24'25 2fi 21 2829 M ..31......._ ............. ....... Securities Start Due S P category Dmirlption 6/1/2012 6/1/2012 F LC 4127007 expires 7/8/12 from Construction Finance, Inc. (automatically renews annually) Replaces expired LC #1200 Lakeside Site Plan Permit 06 -26 (Wooddale Builders, Inc.) $5,000 ($2,500 Erosion Control, $2,500 Landscaping) LC # 1200 expired 10/30/07 from Eagle Valley Bank (Replaced with LC # 127007) Lakeside Site Plan Permit 06 -26 (Wooddale Builders, Inc.) $5,000 ($2,500 Erosion Control, $2,500 Landscaping) Notify Bob Generous. 11/9/07 - LC expired on 10/30/07. Kim called bank and left message requesting renewal until 10/30/08. Waiting for response. Kevin Thielfaldt from bank called and said he would issue a new LC to expire 10/30/08 and would be mailed early next week. Check status 11/14/07. Kim 11/16107 -Left message with Shannon at Eagle Valley Bank as to status of renewal LC. Waiting for call back. Kim 11/29/07 -Called Kevin at Eagle Valley Bank. He is working on reissuing LC. Check status 12/10/07. Kim 1/2/08 - Left message for Kevin at Eagle Valley Bank. Kevin returned call and left message that LC was in process and would be mailed next week. Check status 1/11/08. Kim 1/10/07 - Received replacement letter of credit # 1200 in the amount of $5,000 to expire 10/30/08. Kim 9/15/08 - Bob, This LC expires on 10/30/08. Please advise. Kim 9/16/08 - Sent letter to Kevin at Eagle Valley Bank requesting LC renewal. Check status 10/1/08. Kim 10/1/08 - Kim sent reminder email to Kevin at Eagle Valley Bank. Check status 10/15/08. 11/7/08 - Letter of Credit has expired. Forwarded previous email to Kevin and Eagle Valley Bank. Check status 1 1/12/08. Kim 12/10/08 - Sent another reminder email to Kevin at bank requesting LC renewal status. Kim 1/27/09 - Sent email reminder to Kevin at bank requesting renewal status. Kim 2/6/09 - Sent letter to Kevin at Eagle Valley Bank requesting LC be renewed. Check status 2/13/09. Kim 8/13/09 - Notified Bob Generous. Kim 8/13/09 - Per Bob no new building permits will be issued until the letter of credit is renewed. HOLD 6/4/10 - Notified Bob Generous. Kim 7/8/10 - Notified Bob Generous and Jill Sinclair. Kim 7 /11 /10 - Received replacement LC #127007 from Construction Finance, Inc. for $5,000 to annually renew on July 8. Check status every June 1. Kim ................................................................................................................................................................................... ............................... I ........ ..... ..._..... ..._._... _. ...... _.__..... ..__....... _.. . ... ....... . .....__._ ............. .. ........... ... ............. .. 0 Lotus Development Cop )/11/2011 a13F6 PM $= Stat us P= P/ony Pope i Meuwissen, Kim From: Generous, Bob Sent: Monday, July 11, 2011 2:09 PM To: Meuwissen, Kim Subject: FW: Letter of Credit Attachments: 20110711133129185.pdf Here's the scanned LC for Wooddale. Do you want to save it somewhere? From: Dodie Taylor rmailto :dodiet(abwooddalebuilders comj Sent: Monday, July 11, 2011 1:41 PM To: Generous, Bob Subject: RE: Letter of Credit :raln:ma Attached is a scanned copy of the letter of credit you requested. They can mail you the original hard copy if you require a hard copy but hopefully this can at least get you started for the permits. Let me know if you require anything else. Thanks, Dodie Taylor Controller Wooddale Builders, Inc. 6109 Blue Circle Dr, Suite 2000 Minnetonka, MN 55343 952 - 345 -0543 From: Generous, Bob r mailto :bgenerous(abci.chanhassen.mn usl Sent: Friday, July 08, 2011 10:54 AM To: dodiet(&wooddalebuilders.com Subject: Letter of Credit Dodie: Here we go again. The letter of credit or cash escrow in the amount of $5,000 must be in place before we can issue any building permits. Thanks, :.. Robert Generous, AICP Senior Planner City of Chanhassen 7700 Market Boulevard P. 0. Box 147 Chanhassen, MN 55317 (952) 227 -1131 bgenerous@ci.chanhassen.mn.us Construction Finance, Inc. 6125 Blue Circle Drive Minnetonka, Minnesota 55343 Ph. (952) 974 -3883 x Fax (952) 974 -3883 IRREVOCABLE LETTER OF CREDIT No. 127007 Date: 07 -08 -2011 TO: City of Chanhassen 7700 Market Boulevard, Box 147 Chanhassen, Minnesota 55317 Dear Sir or Madam: We hereby issue, for the account of Wooddale Builders. Inc. and in your favor, our Irrevocable Letter of Credit in the amount of $ 5.000.00 , 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. 127007 , dated July 08, 2011 , of Construction Finance, Inc . b) Be signed by the Mayor or City Manager of the City of Chanhassen. c) Be presented for payment at 6125 Blue Circle Drive. Minnetonka, MN 55343 , on or before 4:00 p.m. on July 08. 2012 . 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 July 8" 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 tinder 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. 1 BY: CITY OF CHMNSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspeclions 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: 952227.1110 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: 952227.1125 Fax: 952.227.1110 Web Site wwvl.ci.chanhassennn.us February 6, 2009 Mr. Kevin Thielfoldt Vice President/Commercial Loans Eagle Valley Bank, N.A. 2501 Hanley Road Hudson, WI 54016 Re: Renewal Request for Letter of Credit No. 1200 Lakeside Site Plan Permit 2006 -26 Wooddale Builders Dear Mr. Thielfoldt: The above - referenced Letter of Credit No. 1200 in the amount of $5,000 expired on October 30, 2008. Upon review of the project, it appears the project has not been completed in general conformance with the site plan agreement. This is considered a breach of contract. According to Section 9D of the General Conditions of the Site Plan Agreement, the City shall deny all building permits for Wooddale Builders, Inc. until the letter of credit is reinstated. Therefore, the above - referenced letter of credit must be renewed for another year to automatically renew for successive one -year periods until the project is complete. Please issue a replacement letter of credit immediately. If you have any questions, feel free to contact me at 952- 227 -1131 or by email at bgenerous@ci.chanhassen.mn.us. Sincerely, CITY OF CHANHASSEN Robert Generous Senior Planner RG:ktm c: Steve Obermueller, Wooddale Builders, Inc. gAplan\2006 planning cases \06 -26 lakesideVc 1200 renewal letter -]aloe Chanhassen is a Community for Life - Providing forToday and Planning forTomorrow CITY OF September 16, 2008 AlffillIM001 Mr. Kevin Thielfoldt 7700 Market Boulevard Vice President/Commercial Loans . PO Box 147 Eagle Valley Bank, N.A. Chanhassen, MN 55317 2501 Hanley Road Hudson, WI 54016 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.11 BO 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: 952227.1400 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 Re: Renewal Request for Letter of Credit No. 1200 Lakeside Site Plan Permit 2006 -26 Wooddale Builders Dear Mr. Thielfoldt: Upon review of our records, it appears Letter of'Credit No. 1200 in the amount of $5,000 is scheduled to expire on October 30, 2008. Upon review of the project, it appears the project has not been completed in general conformance with the site plan agreement. Therefore, the above - referenced letter of credit must be renewed for another year to expire on October 30, 2009. Please issue a replacement letter of credit at your earliest convenience to be received by the City no later than October 30, 2008. If you have any questions, feel free to contact me at 952 -227 -1131 or by email at bgenerous@ci.chanhassen.mn.us. Sincerely, CITY OF CHANHASSEN Robert Generous Senior Planner RG:ktm c: Steve Obermueller, Wooddale Builders, Inc. g9plan \2006 planning cases \06 -26 lakesideVc 1200 renewal letter.doc Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Status Report 9/15/08 plan.OR2 000 2000 Se 1 =viwr2000 T F S T F M T W T F 1 3 4 5 1 5] -8 S 10 11 12 9 -4 5 6 7 -8 9 13 14 15 .17 18 19 on 10 11 12 13 14 15 16 20 21 22 24 25 26 0 16 19 20 2122 27 27 26 29 31 - 24 25 26 27 28 29 56 . _. ........... .... ..... .. __..__.... r.ee Securities iStart Due S P Category Description _ 9/15/08 10/30/08 F LC 41200 expires 10130107 Lakeside Site Plan Permit 06 -26 (Wooddale Builders, Inc -) $5,000 ($2,500 Erosion Control, $2.500 Landscaping) Notify Bob Generous. 11/9/07 - LC expired on 10/30/07. Kim called bank and left message requesting renewal until 10/30/08. Waiting for response. Kevin 7bielfoldt from bank called and said he would issue a new LC to expire 10/30 /08 and would be mailed early next week. Check status 11/14/07_ Kim 11 /16/07 - Left message with Shannon at Eagle Valley Bank as to status of renewal LC. Waiting for call back. Kim 11/29/07 - Called Kevin at Eagle Valley Bank. He is working on reissuing LC. Check status 12/10/07. Kim 1/2/08 - Left message for Kevin at Eagle Valley Bank. Kevin returned call and left message that LC was in process and would be mailed next week. Check status 1/11/08. Kim 1/10/07 - Received replacement letter of credit #1200 in the amount of $5,000 to expire 10/30/08. Kim _......_..... ...... _9 _. ®2W9Lotus Development Cory. 111NO3 a111:31 FM S =SisIm P =Pnorfty pa el W. B. A. GP (LC)103 MN (4Po7) F31244 0 2007 Wisconsin Bankers Association / Distributed by FIPCO& IRREVOCABLE STANDBY LETTER OF CREDIT Boxes Checked Are Applicable. Boxes Not Checked Are Not Applicable. Eaale Valley Bank. N.A. RECEIVED 2501 Hanley Road P't �s I lL�dd Hudson WI 54016 (NAME AND ADDRESS OF ISSUING BANK) JAN 10 2007 CITY U C;°lMMAQU BENEFICIARY LETTER OF CREDIT NO. DATE City of Chanhassen 1200 October 30, 2007 770 Market Boulevard, PO Box 147 Chanhassen, MN 55317 WE HEREBY AUTHORIZE YOU TO DRAW ON US FOR THE ACCOUNT OF Wooddale Builders, Inc. UP TO AN AGGREGATE AMOUNT OF Five Thousand and 00/100 ($5.000.00 1 AVAILABLE BY YOUR DRAFTS AT SIGHT TO BE ACCOMPANIED BY Draws can be made from the City of Chanhassen, with affidavit of non - compliance to item 5, "Security" as it relates to boulevard restoration /erosion control, of Site Permit #06 -26 dated January 19, 2007 between the City of Chanhassen and Wooddale Builders, Inc. SPECIAL INSTRUCTIONS: ALL BANKING CHARGES OTHER THAN ISSUING BANK'S ARE FOR BENEFICIARY'S ACCOUNT. PARTIAL DRAWINGS ® PERMITTED ❑ NOT PERMITTED. ALL DRAFTS MUST BE MARKED "DRAWN UNDER LETTER OF CREDIT OF Eagle Valley Bank. N.A. (NAME OF ISSUING BANK) NO. 1200 DATED October 30, 2007 THIS LETTER OF CREDIT IS SUBJECT TO THE INTERNATIONAL STANDBY PRACTICES (1998), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 590. WE AGREE WITH YOU TO PAY DRAFT(S) DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS LETTER OF CREDIT IF PRESENTED AT THIS OFFICE TOGETHER WITH THIS LETTER OF CREDIT ON OR BEFORE THE CLOSE OF OUR BUSINESS ON October 30. 2008 October 302007 (DATED) Eactle Vallev Bank. N.A NAME OF BANK BY AUTHORI ED SIGNATURE Kevin D. Thielfoldt, VP /Commercial Loans Securities 000 Au ue1 a tember 2 T F M T W T F M T W T F 1 2 3 4 5 1 fi _..] _..8 6 / ._9.10 _ 11 12 .34 5 6 7...8._9 2 13 14'16 13 14 15 16 i1 18 19 id 11 12 13 14 15 16 2122 20 21 22 23 24 25 26 17 13 19 20 2122 8 27 28 49 2] 28 29 90 31 2a 25 262] 2829 30 ..... _............. _..... ........._..................... ..... _._.._._.._._................ Securities Stan One S P category Description 11114/07 11/14/07 F LC #1200 expires 10/30107 Lakeside Site Plan Pent 06 -26 (Wooddale Builders, Inc.) $5,000 ($2.500 Erosion Control, S2,500 Landscaping) Notify Bob Generous. 11/9/07 - LC expired on 10/30/07- Kim called bank and left message requesting renewal until 10/30/08. Waiting for response. Kevin Thielfoldt from bank called and said he would issue a new LC to expire 10/30/08 and would be mailed early next week. Check status 11/14/07. Kim 0 2007 LOWS Development Co,. 111WO7 W 10 :27 AM 5 =6tatm P =Pnomy Page 1 m3f- Securities Stan One S P category Description 11114/07 11/14/07 F LC #1200 expires 10/30107 Lakeside Site Plan Pent 06 -26 (Wooddale Builders, Inc.) $5,000 ($2.500 Erosion Control, S2,500 Landscaping) Notify Bob Generous. 11/9/07 - LC expired on 10/30/07- Kim called bank and left message requesting renewal until 10/30/08. Waiting for response. Kevin Thielfoldt from bank called and said he would issue a new LC to expire 10/30/08 and would be mailed early next week. Check status 11/14/07. Kim 0 2007 LOWS Development Co,. 111WO7 W 10 :27 AM 5 =6tatm P =Pnomy Page 1 Status Report 9/15/07 plan.OR2 Ju 2000 M T W T F S Au ust 2000 M T W T F G 19r r 2 S M T W T F 2 3 4 5 1 2 3 4. 5 ] 6 6 1 8 9 -10 .11 12 9 4 5 6 7 8 9 l3. 9 10 11 12 13 14 15 13 14 15 16 17 18 19 10 11 12 13 14 15 16 16 17 18 19 20 21 22 20 21 22 23 24 25 26 17 16 19 20 21 22 23 23 24 25 26 27 28 29 27 28 29 30 31.. .. ...... 24 25 26 27 28 29 30 30 31._.._ .... .......... .. ..._._ ._..... .......... .__._... V. Securities Start Due S P Category Description 9/15/07 10/30/07 F LC #1200 expires 10 /30/07 Lakeside Site Plan Permit 06-26 (Wooddale Builders, inc.) $5,000 ($2,500 Erosion Control, $2,500 Landscaping) Notify Bob Generous. © 29m Low. Development Corp. 1 125/07 at 1129 AM 5 =Stator P- Prlony SCANNED Page 1 Status Report 9/15/07 plan.OR2 J000 T F Au as12000 M T W T F 1 2 3 4 5 S tember 2000 M T W T F S 1 0...7 0 6 7 8 -9 10 it 12 7 - -4 5 6 7 8 9 13 14 16 13 14 15 16 17 18 19 10 11 12 13 14 16 16 26 21 22 20 21 22 23 24 25 26 11 18 19 20 21 22 23 27 23 29 21 28 29 30 31 - � 24 26 26 2i 2329 3d .........__.... .. ___.._....... ._.. _.. .................... i'W Securities iStart Due S P Category Description 9115/07 10/30/07 O LC #1200 expires 10/30107 Lakeside Site Plan Permit 06 -26 (Wooddale Builders, Inc.) $5,000 ($2,500 Erosion Control, $2,500 Landscaping) Notify Bob Generous. 1 1/9/07 - LC expired on 10/30/07. Kim called bank and left message requesting renewal until 10/30/08. Waiting for response. 02007 LOWS Development COP- 11/0107at 10:01 FM S =State P= Pnmity Paget [KB. A. 6P(UC)1(12 MN (9f03) 31243 ® 2003 Wisconsin Bankers Association / Distributeb by FIPCOO IRREVOCABLE DOCUMENTARY LETTER OF CREDIT Boxes not checked are not applicable. Eagle Valley Bank N.A. 1—g00"zig—yl(c -1 2501 Hanley Road Hudson, WI 54016 (NAME AND ADDRESS OF ISSUING BANK) BENEFICIARY LETTER OF CREDIT NO. DATE City of Chanhassen 1200 January 19, 2007 770 Market Boulevard, PO Box 147 Chanhassen, MN 55317 WE HEREBY AUTHORIZE YOU TO DRAW ON US FOR THE ACCOUNT OF Wooddale Builders Inc UP TO AN AGGREGATE AMOUNT OF Five Thousand and 00/100 ($5,000.00 1 AVAILABLE BY YOUR DRAFT(S) AT ED SIGHT ❑ ACCOMPANIED BY THE FOLLOWING DOCUMENTS (IN TRIPLICATE UNLESS OTHERWISE SPECIFIED): Draws can be made from the City of Chanhassen, with affidavit of non - compliance to item 5, "Security" as it relates to boulevard restoration/erosion control, of Site Permit #06 -26 dated January 19, 2007 between the City of Chanhassen and Wooddale Builders, Inc. COVERING SHIPMENT OF: SHIPPING TERMS: SHIPMENT FROM: TO: PARTIAL SHIPMENTS TRANSSHIPMENTS ❑ PERMITTED ❑ PERMITTED ❑ NOT PERMITTED ❑ NOT PERMITTED DOCUMENTS MUST BE PRESENTED TO ®ISSUING BANK El NEGOTIATING BANK WITHIN DAYS AFTER THE DATE OF SHIPMENT BUT ON OR BEFORE EXPIRATION DATE OF LETTER OF CREDIT. SPECIAL INSTRUCTIONS: TIED TO LOAN #122260 ALL BANKING CHARGES OTHER THAN ISSUING BANK'S ARE FOR BENEFICIARY'S ACCOUNT. PARTIAL DRAWINGS ® PERMITTED ❑ NOT PERMITTED. ALL DRAFTS MUST BE MARKED "DRAWN UNDER LETTER OF CREDIT OF Eagle Valley Bank N.A. (NAME OF ISSUING BANK) NO 1200 DATEDJanuary 19 2007 THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (REVISION IN EFFECT ON THE DATE OF THIS CREDIT), PUBLISHED BY THE INTERNATIONAL CHAMBER OF COMMERCE® WE AGREE WITH YOU TO PAY DRAFT(S) DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS CREDIT IF PRESENTED AT THIS OFFICE TOGETHER WITH THIS LETTER OF CREDIT ON OR BEFORE THE CLOSE OF OUR BUSINESS ON October 30, 2007 ( "EXPIRATION DATE "). ❑ WE AGREE WITH THE DRAWERS, ENDORSERS AND BONA FIDE HOLDERS OF DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS CREDIT, THAT SUCH DRAFTS WILL BE PAID ON DUE PRESENTATION AT THIS OFFICE IF NEGOTIATED TO A BANK ON OR BEFORE ( "EXPIRATION DATE "). IF THIS CREDIT IS AVAILABLE BY NEGOTIATION, THE AMOUNT OF ANY DRAFT DRAWN UNDER THIS CREDIT MUST BE ENDORSED ON THE REVERSE THEREOF BY THE NEGOTIATING BANK. Eigale Valle Bank, N.A. NAM 1F NK BY 7 I AUTHORIZED SIGNATUFfE Kevin D. Thielfoldt, Vice President Minnes,Na 112003 SCANNED CITY OF CHANHASSEN SITE PLAN PERMrr #.06-26 SPECIAL PROVISIONS AGREEMENT dated January 19, 2007, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City "), and WOODDALE BUILDERS, INC., (the "Developer "). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for 36 housing units and a community building with pool (referred to in this Permit as the "project "). The land is legally described as: Lots 1 through 11, Block 2, Outlot E and Outlot F, Lakeside, Carver County, Minnesota. 2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that the Developer enter into this Permit and fiui ish the security required by it. 3. Development Plans. The project shall be developed and maintained in accordance with the following plans. The plans shall not be attached to this Contract. If the plans vary from the written terms of this Permit, the written terms shall control. The plans are: Plan A: Site Plan prepared by Pioneer Engineering, dated May 19, 2006, revised June 7, 2006, and July 17, 2007. Plan B: Grading Plan dated prepared by Pioneer Engineering, dated May 19, 2006, revised June 7, 2006, and July 17, 2007, with a revised grading plan dated July 24, 2006. Plan C: Landscaping Plan prepared by Minnesota Green, dated November 11, 2006. Plan D: Utility Plans prepared by Pioneer Engineering, dated May 19, 2006, revised June 7, 2006. Plan E: Building elevations prepared by Krech, O'Brien, Mueller & Associates, stamped Received January 8, 2007. 4. Time of Performance. The Developer shall install all required screening and landscaping by October 1, 2007. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 5. Security. To guarantee compliance with the terms of this Permit, the Developer shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent ( "security") for $5,000.00 (boulevard restoration/erosion control). If the Developer requests a Certificate of Occupancy prior to the installation of site landscaping, then the developer shall provide to the city a letter of credit or cash escrow in an amount sufficient to insure the installation of said landscaping. PROCEDURESFOR LETTER OF CREDIT REDUCTION a. Requests for reductions of Letters of Credit must be submitted to the City in writing by the Developer or his Engineer. b. Partial lien waivers totaling the amount of the requested reduction shall accompany each such request. c. Any reduction shall be subject to City approval. 6. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: Mr. Steve Obermueller Wooddale Builders, Inc. 5435 Feld Road Minnetonka, MN 55343 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in care of the City Manager at the following address: Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227 -1100. 7. Other Special Conditions. a. The applicant shall enter into this site plan agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. b. Accessibility must be provided to all portions of the development and a percentage of the units may also be required to be accessible or adaptable in accordance with Minnesota State Building Code Chapter 1341. Further information is needed to determine these requirements. c. Buildings over 8500 square feet of floor area are required to be protected with an automatic sprinkler system. For the purposes of this requirement property lines do not constitute separate buildings and the areas of basements and garages are included in the floor area threshold. d. The buildings will be required to be designed by an architect and engineer as determined by the Building Official. e. A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. f. Walls and projections within three feet of property lines are required to be of one -hour fire- resistive construction. g. Retaining walls over four feet high require a permit and must be designed by a professional engineer. h. A 10 -foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Xcel Energy, Qwest, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9 -1. i. No burning permits shall be issued for trees to be removed. Trees and shrubs must either be removed from site or chipped. j. Approved fire apparatus access roads (driveways) shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access roads shall comply with requirements of Section 503 and shall extend to within 150 feet of all portions of the facility or any portion of the exterior wall of the first story of the building as measured by an approved route around the exterior of the building or facility. Exceptions: Fire Marshal is authorized to increase the dimension of 150 feet where the building is equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3. Pursuant to Section 503.1.1 2000 Minnesota Fire Code. 8. General Conditions. The general conditions of this Permit are attached as Exhibit 'B" and incorporated herein. CITY OF CHANHASSEN I= M"D Thomas A. Furlong, Mayor Todd Gerhardt, City Manager STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this _day of 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. NOTARY PUBLIC 0 DEVELOPER: Its STATE OF MINNESOTA ) (ss. COUNTY OF The foregoing instrument was acknowledged before me this day of 200_ by DRAFTED BY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952) 227 -1100 of Wooddale Builders, Inc. NOTARY PUBLIC CITY OF CHANHASSEN SITE PLAN PERMIT EXHIBIT "B" GENERAL CONDITION 1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb the earth, remove trees, construct improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, and 3) the City has issued a building permit in reliance on the foregoing conditions having been satisfied. 2. Maintenance of site. The site shall be maintained in accordance with the approved site plan. Plants and ground cover required as a condition of site plan approval which die shall be promptly replaced. 3. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with site plan development. 4. Erosion Control. Before the site is rough graded, and before any building permits are issued, the erosion control plan, Plan B, shall be implemented, inspected, and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. No development will be allowed and no building permits will be issued unless there is full compliance with the erosion control requirements. Erosion control shall be maintained until vegetative cover has been restored. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion control, the City will authorize removal of the erosion control measures. 5. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan, Plan C, shall be warranted to be alive, of good quality, and disease free at the time of planting. All trees shall be warranted for twelve (12) months from the time of planting. The Developer or his contractor(s) shall post a letter of credit or cash escrow to the City to secure the warranties at the time of final acceptance. 0 Responsibility for Costs. A. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from site plan approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. B. The Developer shall reimburse the City for costs incurred in the enforcement of this Permit, including engineering and attorneys' fees. C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Permit within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work and construction. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. 8. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 9. Miscellaneous. A. Construction Trailers. Placement of on -site construction trailers and temporary job site offices shall be approved by the City Engineer. Trailers shall be removed from the subject property within thirty (30) days following the issuance of a certificate of occupancy unless otherwise approved by the City Engineer. B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster's request. C. Third Parties. Third parties shall have no recourse against the City under this Permit. D. Breach of Contract. Breach of the terms of this Permit by the Developer shall be grounds for denial of building permits. E. Severabilitv. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Permit is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Occupancy. Unless approved in writing by the City Engineer, no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities tested and approved by the city. G. Waivers /Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The Citys failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. Recordine. This Permit shall run with the land and may be recorded against the title to the property. I. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. J. Construction Hours. The normal construction hours under this contract shall be from 7:00 a.m. to 6:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays, with no such activity allowed on Sundays or any recognized legal holidays. Operation of all internal combustion engines used for construction or dewatering purposes beyond the normal working hours will require City Council approval. K. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the site plan process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. L. Compliance with Laws. Ordinances, and Regulations. In the development of the site plan the Developer shall comply with all laws, ordinances, and regulations of the following authorities: 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District; 5. Metropolitan Government, its agencies, departments and commissions. M. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers too enter into this Development Contract. N. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless 3 the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. O. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature or suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. CONSENT Owners of all or part of the subject property, the development of which is governed by the foregoing Site Plan Permit, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this day of 200_. a STATE OF MINNESOTA ) (ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of 200 _ by DRAFTED BY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952) 227 -1100 10 NOTARY PUBLIC MORTGAGE HOLDER CONSENT TO SITE PLAN AGREEMENT which holds a mortgage on the subject property, the development of which is governed by the foregoing Site Plan Agreement, agrees that the Site Plan Agreement shall remain in full force and effect even if it forecloses on its mortgage. Dated this day of 200 . STATE OF MINNESOTA ) (ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 200 , by DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227 -1100 11 NOTARY PUBLIC