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90-003 . . . RESOLUTION 3-90 A RESOLUTION RELEASING LETTER OF CREDIT FURNISHED BY BRENTRIDGE WHEREAS, the City of Shorewood (the City) has entered into a Development Agreement dated February 2, 1988, with Shorewood Oaks Development, Inc. (the Developer) for the development of Brentridge; 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 WH ERE AS, Developer has obtained such a letter of credit from Metropolitan Bank in the sum of $441,472.50, which letter is dated February 11, 1988, and entitled Irrevocable Letter of Credit No. 00273; and WHEREAS, the City has 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, Minnesota, as follows: 1. T hat Letter of Credit required by Paragraph 21 of the Development Agreement may be released subject to the following conditions: a. T hat Developer provide a cash deposit or certified check in the sum of $5,000.00 to ensure the completion of minor items specified by the City Engineer, which items shall be completed on or before July 1, 1990. b. That Developer obtain and file a consent to the plat executed by the owner of the easement on Brentridge Drive or provide a cash deposit or certified check in the sum of $10,000.00 to ensure that such consent is filed. 2. That upon fulfillment of the above conditions, the City Administrator is hereby instructed to inform Metropolitan Bank that Irrevocable Letter of Credit No. 00273 may be released. ADOPTED BY THE CITY COUNCIL 8th day of January, 1990. '''~TEST:,. "_,. , , ,,' \ .,.', \ ,I I ii"l . (, f {/, V .' 1i1!i/ 2>2. ',~ "v\.'" ~\.~ l v\, JU.,J:" , '.' \.~.- LAurence E. Whittaker City Administrator/Clerk Roll Call Vote: A yes - Navs -