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\ <br /> � <br /> � --- \ <br /> '"� <br /> � � <br /> O O <br /> ' �i��� O� ��'��� <br /> � � - � <br /> � �. , 1 " 15r lbtunicipal �ffices <br /> �� ' � G~ Sireet A�dress: Mailin Address: <br /> ��, 9 ��¢�' <br /> S <br /> '�,$EB���: 2750 Kelley Parkway P.O. Box 66 <br /> � Orono, MN 55356 Crystal Bay, MN 55323-0066 <br /> February 26, 2009 <br /> Steven W. Meyer <br /> Oppenheimer Wolff& Donnelly LLP <br /> Plaza VII, Suite 3300 <br /> 45 South Seventh Street <br /> Minneapolis, MN 5�402-1609 <br /> Re: Letter of Credit# MPLS 1007 (Letter of Credit for"Creekside in Orono") <br /> Deaz Mr. Meyer: <br /> We acknowledge your letter of February 12, 2009 indicating that the above referenced Letter of <br /> Credit has expired absent a timely draw by the City of Orono. <br /> Expiration of the Letter of Credit in no way releases your client (Marshall Bank/ BankFirst and/or <br /> BF - Rio Grande LLC) from its obligations as Developer per the terms of the Developer's <br /> Agreement (the "contract") dated February 9, 200� between the City of Orono and Creekside In <br /> Orono LLC. As successor to Creekside in Orono LLC by virtue of ownership of 5 of the 7 <br /> building lots as well as Outlot A (the open space commons area) and Outlot B (the private road), <br /> your clients control the majority of property upon which Improvements remain to be completed. <br /> The work remaining to be completed includes 1) completion of site grading according to contract <br /> dec�aments; 2) com�letior. ef landscaping accordir.b to contract docur.:er.ts; 3) restoration of ruts in <br /> the boulevard at intersection of Watertown Road and Apple Glen Rd.; 4) installation of Infi-Shield <br /> (manhole waterproofing membrane) on off-street manholes per City standards; 5) completion of <br /> wear course paving of road; and 6) submittal of record plans. <br /> Further, please be advised that the City of Orono will issue no building permits for any of the <br /> seven building lots until the work described above has been completed and accepted. As I have <br /> offered in past correspondence, we would be willing to entertain a proposal for phased completion <br /> of the landscaping work, and perhaps certain elements of the site grading work, as long as <br /> appropriate security is provided. We will not issue building permits under any circumstances until <br /> items 3-4-5-6 are completed. <br /> Please contact me at 952-249-4622 if you have any questions. <br /> Sincerely, <br /> �' `� <br /> r� x ' <br /> � <br /> -, '`" i J. --�. <br /> � The above items have been satisified. <br /> Michael P. Gaffron Mike Gaffron <br /> Asst. City Administrator <br /> 2010 <br /> cc: Matthew Sawicki <br /> Soren Mattick, City Attorney <br /> �'c�ep�ozae(952)2�19-�Ib�D� • �'ax(�52)2�4�-�bll6 <br /> ww�v.�9.o rm�o.a��.�n� <br />