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Resolution - 12-23: Reduction in LOC's for Pres.Homes Proj.• CITY OF SPRING PARK SPRING PARK, MINNESOTA RESOLUTION 12 - 23 A RESOLUTION APPROVING THE REDUCTION IN THE LETTERS OF CREDIT FOR THE PRESBYTERIAN HOMES PROJECT WHEREAS, pursuant to the terms of the Development Agreement dated December 21, 2009 by and between the City of Spring Park and Presbyterian Homes Housing and Assisted Living, Inc. (the "Developer"), the Developer was required to provide a letter of credit in the amount of $116,237 as surety for the construction and warranty of project landscape improvements, a letter of credit in the amount of $197,428 as surety for the construction and warranty of project municipal improvements, and a letter of credit is the amount of $87,368 as surety for the construction and warranty of project storm water drainage and retention system improvements; and WHEREAS, the Development Agreement provides that the letters of credit are to be reduced to 5% of the estimated cost of the landscape improvements, 5% of the estimated construction price of the municipal improvements, and 5% of the estimated cost of the storm water drainage and retention system upon the city's determination that is landscaping work has been fully completed, full payment for the work has been made, and the landscaping has been approved by the city planner, municipal improvements approved by the city engineer, and storm water drainage and retention system approved by the city engineer; and WHEREAS, project landscape improvements are complete and have been approved by the city planner; and WHEREAS, project municipal improvements are complete and have been approved by the city engineer; and WHEREAS, project storm water drainage and retention system improvements are substantially complete, with confirmation by Minnehaha Creek Watershed District of completion, and have been approved by the city engineer; and WHEREAS, the city planner recommends reduction of the landscaping letter to credit to $5,284, 5% of the estimated costs; and WHEREAS, the city engineer recommends reduction of the municipal improvement letter of credit to $8,974, 5% of estimated costs; and WHEREAS, the city engineer recommends reduction of the storm water drainage • and retention system letter of credit to $3,971, 5% of estimated costs; Resolution 12 - 23 • NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: 1. The letter of credit landscaping for may be reduced to $5,284. 2. The letter of credit for municipal improvement may be reduced to $8,974. 3. The letter of credit for the storm water drainage maybe reduced to $3,971. • • Adopted by the City Council of the City of Spring Park, Minnesota on November 19, 2012. Approved: Attest: Cah Reinhardt, Maypdy Wendy Lewin City Clerk Resolution 12 - 23 2