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Bonding, Singing, Recording LCMayorTammy de Weerd City Council Members: Keith Bird Joe Borton Charles Rountree David Zaremba ~ ~ o~ , ~a5 July 17, 2008 Attn: Steven Nielson Bank of the Cascades 121 North 9th Street Boise, ID 83702 Re: Return Letter of Credit Crossfield Clubhouse & Pool for Heron River Development, LLC After a site inspection and review of Crossfield Clubhouse & Pool by the Planning Department and the Public Works Department, it has been determined to release the Letter of Credit in the amount of $44,344.34 to you for the completion of the project. Please use this letter as authorization for Bank of the Cascades to release the Irrevocable Standby Letter of Credit No. 524, If you have any questions, please contact me. Thank you for your cooperation. Sincerely, ___.~ ~ ~... ,~ ~,.,-- m,.~. Jaycee L. Holman City Clerk Enclosure JAN - ~ 20t City of Meridi SURETY SPREADSHEET Project Name: CROSSFIELD (clubhouse and pool) Date Compiled: 7/6/2007 Letter of CrediUBond No.: 524 Issued By: Farmers & Merchants Expiration Date: aIg/2008 7/512008 Check No Party Responsible Date Signed Off/ Item Unfinished Partial Suret For Si n-Off Person Comments Sanitary Sewer -internal $0.00 ~I $0.00 Public Works Sanitary Sewer-offsite ~i $0.00 $0.00 Water-internal $0.00 $0.00 Public Works 1 Water- Offsite $0.00 $0.00 Public Works I Street Lights $0.00 $0.00 Building i Landscaping $18,500.00 $1,850.00 $20,350.00 PZ , reduce to3o8o.DOt2f2vo Pathways , _ $0.00 $0.00 PZ Fencing $3,841.17 $384.12 $4,225.00 PZ 12/21/07 CH Tiling Pressurized Irrigation $0.00 $0.00 PZ t $0.00 $O.OOi NMID Gravity Irrigation 1 - - - -- $0.00 $O.OO NMID --- --- - Other: 1 - - I ~ ~ - - - Clubhouse and Pool structures, $180,836 - - $1 PZ 66 $198 9 reduce to 41264.34 12!21 N . L $0.00 $0.00 _ _ , $0.00 $0.00 I $0.00 $0.00 it TOTAL: $203,177.76 $20,317.78 $223,495.00 Authorized reduction 179150.66 as of 12/21/07 kg BALANCE TO REMAIN: $44,344.34 ~ ` ~' `szs~n~~ O~~ ~~~ BANK OF THE CASCADE S IRREVOCABLE LETTER OF CREDIT Amendment #1 to Letter of Credit #524, Dated July 5, 2007 Expiration: July ~, 2008 At the Counters of Bank of the Cascades 121 North 9th Street, Boise, Idaho 83702 Beneficiary: City of Meridian 660 East Watertower Lane, Suite 200 Meridian, Idaho 83642 To Whom It May Concern: Bank of the Cascades hereby amends our Irrevocable Standby Letter of Credit No. X24 in favor of the City of Meridian (Beneficiary) for the account of Heron River Development, LLC as follows: 1. Maturity date is herby extended to July 5, 2008 2. Amount is hereby changed: From: $223,495.00 To: $44,344.34 Except as expressly changed by this Amendment, the terms and conditions of the original Letter of Credit No. 524 remain unchanged and in full force and effect. Bank of the Cascades By: Steven Nielson, Se ~o ice President December 24, 2007 SERVING COMMUNITIES IN OREGON AND IDAHO ! www.botc.com NASDAQ: CACB ~=_~~~~ FARMERS & MERCHANTS il~~l A BANK OF THE CASCADES COMPANY IRREVOCABLE ST_AI~TDBY LETTER OF CREDIT Irrevocable Standby Letter of Credit No. 524 Date: July 5, 2007 Expiration: January 5, 2008 At the counters of: Farmers & Merchants, A Bank of the Cascades Company 121 North 9`~ Street, Boise, ID 83702 Beneficiary: City of Meridian 660 E Watertower Ln. Suite 150 Meridian, Idaho 83642 To Whom It May Concern Farmers & Merchants, A Bank of the Cascades Company [the Bank) hereby establishes in favor of the City of Meridian, the Beneficiary, for the account of Heron River Development, LLC, the Applicant, our Irrevocable Standby Letter of Credit in the amount of Two Hundred Twenty Three Thousand Four Hundred Ninety Five Dollars in United States Dollars ($223,495.00 USD) available by immediate pa}nnent upon presentation of Beneficiary's sight draft drawn on Farmers & Merchants, A Bank of the Cascades Company in an amount not exceeding the credit hereby established during the dates of July ~, 2007 through January 5, 2008. Surety Reduction Inspection(s): The Bank's understanding is that the outstanding liability of this Letter of Credit will be reduced as the covered improvements are completed to the Beneficiary's satisfaction by its Surety Reduction Inspection process. Partial drawings are permitted Reimbursement Instructions: Sight drafts drawn under this Letter of Credit must bear the clause: "Drawn under Farmers & Merchants, A Bank of the Cascades Company, Irrevocable Standby Letter of Credit No. 524 dated July 5, 2007". Beneficiary's sight drafts must also be accompanied by the following conforming documents: 1. Beneficiary's ~~ritten statement, signed by a person purportedly authorized by the Beneficiary, stating that Heron River Development, LLC, has not complied with the City of Meridian's conditions of approval for landscaping, construction of community pool and other improvements for the Crossfield Subdivision No. 1. 2. The original of this Letter of Credit and any subsequent amendments. The Bank hereby promises to Beneficiary that any sight drafts drawn under the terms of this Letter of Credit will be duly honored if presented to the Boise Downtown Branch of Farmers & Merchants, A Bank of the Cascades Company at 121 North 9`~ Street, Boise, ID 83702, along with the required conforming documents by January 5, 2008. Except so far as otherwise stated herein, this letter of credit is subject to the International Standby Practices (ISP 98), International Chamber of Commerce Publication No. 590. Farmers & Merchants, A B nk of the Cascade ompany Juh~ 5. 2007 Mike Roach, Vice President ~ Date 12~ N. cTH ST. ~ 601SE, D 837cz ~ iel zo8-343-7848 ~ fax 208-343-7S79 ~ N'ti'~'~botc.com j Nasoao: c~.ce ~A~ 2 9 2~~~ Memo To: Will Berg From: Lenard A Grady, P.E. CC: File, Karie, P & Z Staff Date: 3/28/07 Re: Crossfield #2 -~tY ~~ Meridian itv fYp.4 nss:,._ I have signed the plat for the above project and am forwarding it to you for your signature. Based on our research of the project files, all conditions imposed by the Public Works Department and City Council have been met. I am also forwarding original letter of credit No. 442 (Farmers & Merchants Bank -dated 11/3/06 w/amendment #1) for $191,025.63. This represents surety for items, and in amounts, listed on the attached spreadsheet. Please call Shari Stiles w/ Engineering Solutions @ 938-0980 when the plat is ready to be picked up. Please call me if you have any questions. Thank you. Fmm the desk of .. Lenard A Grady, P.E. City Engineer Meridian Public Works De~trnent 660 E. Watertower Lane, Suite 200 Meridian, Idaho 83642 (208)898-5500 Fax: (208) 898-9551 • Page 1 trrad~(cumerdiancity.orQ i°~ FARMERS Sc MERCHANTS ~~ A BANK OF THE CASCADES COMPANY IRREVOCABLE STANDBY LETTER OF CREDIT Amendment #1 to Letter of Credit No. 442 Dated: November 3, 2006 At the counters of Farmers & Merchants, A Bank of the Cascades Company 121 N 9"' Street, Boise, Idaho 83702 Beneficiary: City of Meridian 660 E Watertower Ln. Suite 200 Meridian, Idaho 83642 To Whom It May Concern: Farmers & Merchants, A Bank of the Cascades Company hereby amends Irrevocable Standby Letter of Credit No. 442 in favor of the City of Meridian (Beneficiary) for the account of Heron River Development, LLC as follows: 1. Maturity date is hereby extended to December 13, 2007 2. Amount is hereby changed: From: $370,933.00. To: $191,025.63. Except as expressly changed by this Amendment, the terms and conditions of the original Letter of Credit No. 442 remains unchanged and in full force and effect. Farmers & e chants, a Bank of the Cascades Company Steven Nielson, Senior is resident Mar. 13, 2007 BOISE I GARDEN CITY MERIDIAN KU NA NAMPA CALDWELL FRUITLAND ' fmsb.com ~ FARMERS $C 1VIERCHAN`lCS ® A BANI( OF THE CASCADES COMPANY IRREVOCABLE STANDBY LETTER OF CREDIT Irrevocable Standby Letter of Credit No. 442 Date: November 3, 2006 Expiration: May 3, 2007 At the counters of: Farmers & Merchants, a Bank of the Cascades Company 121 North 9"' Street, Boise, ID 83702 City of Meridian Attn: Karie Glen 660 E Watertower Ln. Suite 200 Meridian, Idaho 83642 To Whom It May Concern Farmers & Merchants, A Bank of the Cascades Company[the Bank] hereby establishes in favor of the City of Meridian, the Beneficiary, for the account of Heron River Development, LLC, the Applicant, our Irrevocable Standby Letter of Credit in the amount of Three Hundred Seventy Thousand Nine Hundred Thirty Three Dollars and No Cents in United States Dollars ($370,933.00 USD) available by immediate payment upon presentation of Beneficiary's sight draft drawn on Farmers & Merchants, A Bank of the Cascades Company in an amount not exceeding the credit hereby established during the dates of November 3, 2006 tlu-ough May 3, 2007. Surety Reduction Inspection(s): The Bank's understanding is that the outstanding liability of this Letter of Credit will be reduced as the covered improvements are completed to the Beneficiary's satisfaction by its Surety Reduction Inspection process. Partial drawings are pernutted. Reimbursement Instructions: Sight drafts drawn under this Letter of Credit must bear the clause: "Drawn under Farmers & Merchants, A Bank of the Cascades Company, Irrevocable Standby Letter of Credit No. 442 dated November 3, 2006". Beneficiary's sight drafts must also be accompanied by the following conforming documents: 1. Beneficiary's written statement, signed by a person purportedly authorized by the Beneficiary, stating that Heron River Development, LLC has not complied with the City of Meridian's conditions of approval for gravity inigation, pressurized in-igation, street lights, landscaping, sewer, water and other improvements for the Crossfield Subdivision No. 2. 2. The original of this Letter of Credit and any subsequent amendments. The Bank hereby promises to Beneficiary that any sight drafts drawn under the terms of this Letter of Credit will be duly honored if presented to the Boise Downtown Branch of Farmers & Merchants, A Bank of the Cascades Company at 121 North 9`t' Street, Boise, ID 83702, along with the required conforming documents, by May 3, 2007. Except so far as otherwise stated herein, this letter of credit is subject to the International Standby Practices (ISP 98), International Chamber of Commerce Publication No. 590. 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