HomeMy WebLinkAbout2007-04-18 OPH Ltr to MFRA Re LOC Release RequestCity of Q ark Heights
14168 Oak Park Blvd. N o Box 2007 o Oak Park Heights, MN 55082 Phone (651) 439-4439 • Fax (651) 439-0574
April 18 2007
Mr. Brady Busselman, PE
MFRA
14800 28 Ave., N. , Suite 140
Plymouth, MN 55447
RE: Request fsv Release of Letters of Credit
Dear Mr. BUSSehrflafl,
With this letter, the City is advising yipu that it will consider the release $3,528,500 of
$3,778,500 from L C# L5LS-661123, (which secures Plan A improvements, see the
Developer's Agreement) but at this time will not consider releasing any funds from LIC
11L5LS-694415 (Plan B Improvements).
The City will withhold V50,000 from LOC#L5LS-661123 until the cross connection
between Lowe's and Wal-Mart is complete and all related crsss-easements have been
executed and a final copy as recorded is provided to the City. Additionally, there remains
additional payment work related to Norwich for which Wal-Mart will be responsible to
financially csntribute.
N.,
The City will nst consider the release of any funds from LOCUSLS-694415 until the
City is provided the full "as-built" drawings showing all improvements made in the
City's right-of-way. The sketches that have been provided t date are in an unacceptable
in format. These must be provided to the City in digital, auto-cad format and based on the
Washington County Coordinate System. Also, Noyfell Ave. has experienced significant
damages as a result of construction of this facility, the joint between the new concrete
apr ns and the City's asphalt is unacceptable there are also wear damages that are a direct
result of the Wal-Mait COflStrL ction. The City will be issuing to you a separate corrective
action sheet on this matter. Until these are items are address the City cannot consider
releasing such funds. 1 have enclosed some photo for your use.
At this time, please have your financial institution issue a revised letter of credit to the
City and with the exact same language as previously approved by the City, reflecting the
new amount of $250,000. When the City receives this revised LOC, the City will THEN,
AND ONLY THEN ACTUALLY RELEASE balances from LOC#L5LS-661123.
However, please again note the City will not at this time consider releasing any amount
from LOCI4L5LS-694415
Picrtse ;me know if you have any questions.
Sin
ric ..T
City Administrator
CC: Mark Vierling. City Atkorney
Judy Hoist, Finance Director
Dennis Postler, Bonestroo & Associates
Julie Huitman, Planning Files
Dave Sellergren
INFRA
McCombs Frank Roos
Assegiates, nc
March 29, 2007
Mr. Eric Johnson
City Administrator
City of Oak Park Heights
14168 Oak Park Boulevard North
Oak Park Heights, MN 55082
SUBJECT: Request for Release of Letters of Credit
Wal-Mart Stores, Inc.
Wal-Mart Expansion #1861-01
MFRA #14918
Dear Mr. Johnson:
In accordance with parts 1-3 of the Developer's Agreement, the Plan A improvements have been
substantially completed. We therefore request that the City of Oak Park Heights release the
following Letter of Credit in full: LOC #L5LS-661123 in the amount of $3,778,500.00.
Also, in accordance with parts 4 & 5 of the Developer's Agreement, the Plan B improvements have
been substantially completed. We therefore request that the City of Oak Park Heights release the
following Letter of Credit in full: LOC #L5LS-694415 in the amount of $200,000.00.
Please contact us with any questions or concerns at 763-476-6010.
Yours truly,
MFRA
Brady Busselman P.E.
BDB:dg
cc: KK Yeow, Wal-Mart Stores, Inc.
Dave Sellergren, Fredrickson & Byron, P.A.
slmainlwal I 491 8\corres\johnson3-29-07
En g in n 0 Planning
'veying
14800 28th Avenue North, Suite 140 c Plymouth. Allinnesota 0 55447
An Equal Opportunity Employer phone 763/476-6010 0 fax 763/476-8532 0 e-mail: mfra@nifra.con7