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Escrow Documentationfdleuvuissen, Kim From: Generous, Bob Sent: Friday, April 03, 2015 10:16 AM To: Scott Elleraas Cc: Benjamin Adams; Meuwissen, Kim; Smith, Stephanie; AI-Jaff, Sharmeen Subject: RE: RE: Letter of Credit Mr. Elleraas, It is my understanding that we cannot release the letter of credit. They still need to remove their erosion control. They also need an encroachment agreement from Carver County for placement of playground equipment in the county right- of-way. If you need additional information before Sharmeen returns, please contact Stephanie Smith, ssmith@ci.chanhassen.mn.us or (952) 227-1165. Robert Generous, AICP Senior Planner 7700 Market Boulevard P.O.Box 147 Chanhassen, MN 55317 (952) 227-1131 bgenerous@ci.chanhassen.mn.us Chanhassen is a Community for Life— Providing for Today and Planning for Tomorrow From: Scott Elleraas [mailto:selleraas@fmcbank.com] Sent: Thursday, April 02, 2015 4:23 PM To: Generous, Bob Cc: Benjamin Adams Subject: FW: RE: Letter of Credit Dear Mr. Generous, I have been attempting to find out the status on the release of the attached letter of credit in favor of the city of Chanhassen. I have requested the release of the letter from Sharmeen AI-Jaff on two occasions. I understand she is currently out of the office. I am hoping you can help me. Sincerely, Scott Elleraas Scott A. eUeoRs Vice President First Minnetonka City Bank 14550 Excelsior Blvd. Minnetonka, MN 55345 952-465-0301 (direct) 952-935-8663 (main) 952-484-2635 (cell) FIRST MINNETONKA CITY BANK From: Scott Elleraas Sent: Tuesday, March 31, 2015 2:58 PM To: 'AI-Jaff, Sharmeen' Cc: 'Benjamin Adams' Subject: RE: Letter of Credit Dear Sharmeen, Can you let me know the status of the attached letter of credit dated May 25, 2012 in favor of the city of Chanhassen. My understanding is that the owner (MEP2, LLC) has complied with all outstanding issues covered by this letter of credit. We would like the original letter returned to us at your earliest convenience. Your prompt attention to this matter is greatly appreciated. Regards, Scott Saott A. C—Ueops Vice President First Minnetonka City Bank 14550 Excelsior Blvd. Minnetonka, MN 55345 952-465-0301(direct) 952-935-8663 (main) 952-484-2635 (cell) 2 The draft must: a) Bear the clause, "Drawn under Letter of Credit No. 7295, dated May 25, 2012 of First Minnetonka City Bank'; b) Be signed by the Mayor or City Manager of the City of Chanhassen. c) Be presented for payment at 14550 Excelsior Blvd, Minnetonka, MN 55345, on or before 4:00 p.m. on May 25, 2013. 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 May 25_ 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: 5 —. wwv Scott A. Elleraas Its Vice President SCANNED Member FDIC ............ IRREVOCABLE LETTER OF CREDITwv FIRST MINNETONKA GLEN LAKE CITY BANK 14SSO Excelsior Blvd. Minnetonka, MN 55345 952.935.8663 No. 7295 fax 952.935.4957 Date: May 25, 2012 TO: City of Chanhassen COUNTRY VILLAGE 7700 Market Boulevard, Box 147 IISOO Highway 7 Chanhassen, Minnesota 55317 Minnetonka, MN 55305 952.935.5995 Dear Sir or Madam: fax 952.935. I6I I We hereby issue, for the account of MEP2, LLC and in your favor, our Irrevocable Letter of Credit in the amount of $58,008.75 available to you by your draft drawn on sight on the www.fmcbank.com undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. 7295, dated May 25, 2012 of First Minnetonka City Bank'; b) Be signed by the Mayor or City Manager of the City of Chanhassen. c) Be presented for payment at 14550 Excelsior Blvd, Minnetonka, MN 55345, on or before 4:00 p.m. on May 25, 2013. 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 May 25_ 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: 5 —. wwv Scott A. Elleraas Its Vice President SCANNED Member FDIC