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2006-09-14 LOC Request - II: - Builders Inc. 1~e~~uUe8~ k. PHONE: 320-252-6774 . FAX: 320-252-6819 2750 COUNTY ROAD 74, 5T.CLOUD, MN 56301 RESIDENTIAL. COMMERCIAL. GENERAL CONTRACTING September 14,2006 City of Albertville Larry Kruse PO Box 9 Albertville, MN 55301 RE: ShoppesofTowne Lakes II Dear Larry Kruse, I am requesting to have the City Engineer inspect The Shoppes at Town Lakes II and to release the security obligations of $284,000 for work that has been completed: Letter of Credit rovided to the City Municipal Improvements - Sewer and Water Completed Improvements Related to Streets Grading, Sand, Class 5, Curbing $419,000.00 $ 77,000 $207,000 ( Total re nest for Se t.2006 Items to complete: Base Course (Bid attached $26,182.96) Wear Course (Bid attached $18,864.30) Landscape/Screening (150% of estimated cost) Amount remainin in Escrow $284,000 $ 45,000 (base/ware) $ 90,000 $135,000 If you have any questions please call me at (320) 980-4588. Sincerely, ~ Al Keller GCI Builders cc: City Engineer City Finance Director before March 30th in any given year, in which case a certificate of occupancy shall be issued if all on- and off-site improvements except landscaping and sod have been installed. In such cases, the Developer shall cause the required landscaping and sod to be installed by the first June 30th following the issuance of the occupancy permit. 4. Suretv Requirements. ~ 8- CJ A. Developer will provide the City with an irrevocable letter of credit (or other surety as approved by the City Attorney) as security that the obligations of the Developer under this contract shall be performed. Said letter of credit or surety shall be in the amount of$419,000.00 representing the sum of 100% of the estimated cost of the Municipal Improvements ($77,000.00), 100% of the on and off-site improvements related to streets, ($252,000.00), and 150% of the estimated cost for landscaping/screening materials ($90,000.00). Said letter of credit or surety must meet the approval of the City attorney as to form and issuing bank. B. The City may draw on said letter of credit or surety to complete work not performed by Developer (including but not limited to on- and off- site improvements, Municipal Improvements described above, erosion control, and other such measures), to pay liens on property to be dedicated to the City, to reimburse itself for costs incurred in the drafting, execution, administration or enforcement of this Agreement, to repair or correct deficiencies or other problems which occur to the Municipal Improvements during the warranty period, or to otherwise fulfill the obligations of Developer under this agreement. C. In the event that any cash, irrevocable letter of credit, or other surety referred to herein is ever utilized and found to be deficient in amount to payor reimburse the City in total as required herein, the Developer agrees that upon being billed by the City, Developer will pay within thirty (30) days of the mailing of said billing, the said deficient amount. If there should bean overage in the amount of utilized security, the City will, upon making said determination, refund to the Developer any monies which the City has in its possession which are in excess of the actual costs of the project as paid by the City. D. Developer hereby agrees to allow the City to specially assess Developer's property for any and all costs incurred by the City in enforcing any of the terms of this agreement should Developer's letter of credit or surety prove insufficient or should Developer fail to 11