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91-003 . . . 1/10/91 RESOLUTION NO. 1-91 A RESOLUTION ACCEPTING IMPROVEMENTS AND RELEASING LETTER OF CREDIT STRAWBERRY FIELDS WHEREAS, on October 18, 1988, the City of Shorewood (City) entered into an Agreement with Strickland Ventures II (Developer) for the development of the plat known as Strawberry Fields; and WHEREAS, Paragraph 3 of said Development Agreement provided for the Developer to construct and install certain enumerated improvements, which improvements included street grading, stabilizing and bituminous surfacing, integral shoe formed bituminous curbs and gutters, sanitary sewer mains, and storm sewers; and WHEREAS, Paragraph 15 of said Development Agreement provided for such improvements to be subject to a final inspection by the City Engineer; and WHEREAS, Paragraph 16 of said Development Agreement provided for the conveyance of said improvements to the City by the Developer and for the acceptance by the City of such improvements; and WHEREAS, the Developer has completed construction of the said improvements in the plat of Strawberry Fields, and all such improvements have been inspected by the City Engineer and found to be in compliance with the applicable plans and specifications; and WHEREAS, the Developer is desirous of conveying said improvements to the City and the City is desirous of accepting said improvements from the Developer; and WHEREAS, paragraph 21 of such Agreement provides for a performance guaranty in the form of an irrevocable letter of credit approved by the City in an amount equal to 150% of the total cost of the improvements; and WHEREAS, Developer has obtained such a letter of credit from First National Bank of Wayzata, now in the sum of $51,179.50, which letter is entitled Letter of Credit No. 1470; and WHEREAS, the City has herein accepted all improvements completed by the Developer pursuant to the terms of said Development Agreement; and ". '.'" . . . .' WHEREAS, the Developer has requested that the Letter of Credit be now released. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the City hereby accepts from the Developer all of the above enumerated improvements within the plat of Strawberry Fields. 2. T hat Letter of Credit required by paragraph 21 of the Development Agreement may be released subject to the following conditions: a. That Developer obtain a maintenance bond naming the City as 0 bligee for the full cost of the improvements to be in effect for a period of one year from the date hereof. b. That Developer provide lien waivers from all contractors, subcontractors and materialmen involved with the project. 3. That upon fulfillment of the above conditions, the City Administrator is hereby instructed to inform First National Bank of Wayzata that Letter of Credit No. 1470 may be released. ADOPTED BY THE CITY COUNCIL OF THE 14th day of January , 1991. CITY OF SHOREWOOD this !t1t~/!!:d ATTEST: City Administrator/Clerk Roll Call Vote: A yes - Nays -