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Letter of CreditE'Kn IDIAN,,--,� October 23, 2013 U.S. Bank National Association Standby Letter of Credit: BC-MN-H20G 800 Nicollet Mall Minneapolis, Minnesota 55402 Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zarernba Re: Release of Letter of Credit No. SLCSSEA04088 (Paramount Sub. No. 22) for Applicant Brighton Investments, LLC After a site inspection and review of the above referenced project by the Planning Department and the Public Works Department, it has been determined to release the Letter of Credit in the amount of $645,248.97. Please use this letter as authorization for U.S. Bank to cancel the Letter of Credit No. SLCSSEA04088. If you have any questions, please contact me at (208) 888-4433. Thank you for your cooperation. Sincerely, Jaycee L. Holman City Clerk Enclosure All '' yow bank. U.S. Bank National Association EC EIVE SWIFT: USBKUS44 Standby Letters of Credit: BC-MN-H2OG TELEX: 800 Nicollet Mall Phone: 866-359-2503 x5854 Minneapolis, Minnesota 55402 612-303-7395 B Fax : 612-303-5226 OCTOBER 7, 2013 LETTER OF CREDIT NUMBER: SLCSSEA04088 AMENDMENT NUMBER: 1 APPLICANT: BRIGHTON INVESTMENTS LLC FOR THE ACCT OF BRIGHTON DEVELOPMENT INC. 12601 W. EXPLORER DRIVE, SUITE 200 BOISE, IDAHO 83713 BENEFICIARY: CITY OF MERIDIAN PLANNING DIVISION 33 E BROADWAY AVENUE MERIDIAN, ID 83642 ATTN: BILL FRECKLETON Due to the consolidation of U.S. Bank National Association's Seattle Standby Letter of Credit processing site, the above -referenced letter of credit is amended as follows: 1. The name and address of the issuing bank is amended as follows: U.S. Bank National Association Standby Letters of Credit: BC-MN-H2OG 800 Nicollet Mall Minneapolis, Minnesota 55402 2. Drafts and communication with respect to this letter of credit must now be presented to: U.S. Bank National Association Standby Letters of Credit: BC-MN-H2OG 800 Nicollet Mall Minneapolis, Minnesota 55402 3. Please present all facsimile communication to our new fax number: (612) 303-5226 THIS AMENDMENT IS TO BE CONSIDERED AS PART OF THE ABOVE CREDIT AND MUST BE ATTACHED THERETO. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. U.S. BANK NATIONAL ASSOCIATION AU HORIZED SIGNATURE I:\IBD\STANDBY\HMENDMENT\4088ZJS 1. DOC usbank.com E IDIAN.-- - Community Development Department Community Development Dept. Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 MEMORANDUM October 21, 2013 To: Jaycee Holman, City Clerk From: Bruce Freckleton, Development Services Manager Re: Paramount Subdivision No. 22 — Release of Performance Surety Jaycee, Attached is a copy of the City Engineer's final acceptance letter that officially signifies that the construction phase of the above named project is complete. At this time, I am requesting that you release the Performance Surety (copy attached) that was posted to guarantee the completion of the development features. Please let me know if you should have any questions or concerns, Thank you, N*111loo, 0, C�WE IDIAN --- Community Development Department Community Development Dept. Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 MEMORANDUM May 6, 2013 To: Jaycee Holman From: Bruce Freckleton Re: Irrevocable Letter of Credit #SLCSSEA04088 Paramount Subdivision #22 Jaycee, Attached is the original Irrevocable Letter of Credit #SLCSSEA04088, issued by US Bank on behalf of Brighton Development Inc., as a guarantee of completion of development improvements in the Paramount Subdivision #22. this development. I have also attached a Surety Breakdown for Please let me know if you should have any questions, Thanks, fir' z I� Q I , H � w � 0 m O c ` O E � F a O N UO — N N N N N Y L N j jY jY jY jY N _ U U U U a U= a a a Z ajm B a • a a a a!al a'la. n n O �pO N 1p n O M ty enT.q, ILO - 00 ' CD TIN)-I-J.I-I-I-l-I-I-? -f - I -I-Id> m M O o p N N W Y N LoU) m� — U) m - O- J U) CL m Q U) D Q C � fA 0 0 O O N OMD Lf) n O co v n ' I Z O I- O (p ems•- M O 0O0 v le Cli O I LO aco ac0 1() a � C O m a) 'O '-' ER tf) f9 K} EA fA EA fR EA ER H3 fH fR 09, E9 H4 fA a3 N O Q E _ U O Z LO o 0 0 0 0 0 a) ! u N N N 0 0 N I N 0 0 O O O O p p I p a a) L J W U p N O Q O � O O LOO � ml v06 In o o (N Go N N N N Z O z o m I'd Q = v=f LLJ ix co LLO Z W Q a "IloI-I-I-1-1---�,1�1� E v p � 3 3lcl•�j� N ml 2I C N 2) Z'; C E J a5 T O I � � aS C 7 _T .. C f20 a7 U N C N > N 0 J Q C E IDIAN"--%— Community Development Department Community Development Dept. Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 MEMORANDUM October 9, 2013 To: Jaycee, Holman, City Clerk From: Bruce Freckleton, Development Services Manager Re: Paramount Subdivision #22 — Performance Surety Jaycee, Attached is Amendment #1 to Irrevocable Letter of Credit No. SLCSSEA04088 for Paramount Subdivision No. 22. It looks like the only change is the name and mailing address of the issuing bank. Please let me know if you should have any questions or concerns. Thank you, Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba October 21, 2013 Mr. David Turnbull Mr. Richard Brown Brighton Development Inc. 12601 W. Explorer Drive, Suite 200 Brown Construction, Inc. P.O. Box 495 Boise, Idaho 83713 Nampa, Idaho 83653-0495 RE: Paramount Subdivision No. 22 — Final Acceptance Dear Mr. Turnbull: Installation of this project's sanitary sewer and/or domestic water systems has been satisfactorily completed in accordance with the approved plans. These systems have passed the required testing in accordance with City of Meridian Standard Specifications and Drawings, and therefore are hereby accepted by the City for ownership and normal maintenance. Record drawings submitted to us for this project are also accepted and are being forwarded to the Idaho Department of Environmental Quality. The engineer of record is responsible for certification of the record drawings as to horizontal and vertical location of all public water and sewer facilities installed. In accordance with the City of Meridian's Unified Development Code §11-5C-3, and the Public Works Department' Standard Specifications and Drawings, the installation and materials of the sewer and domestic water systems are to be warranted against defect by the owner for a period of two -years from the date of this letter. Sincer ly, ) Warren Stewart, P.E. City Engineer cc. City Clerk PW - Water Division PW - Wastewater Division PW - Construction Division File DEQ CVIE IDIAN-- Community Development Department Community Development Dept. Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 MEMORANDUM May 6, 2013 To: Jaycee Holman From: Bruce Freckleton Re: Irrevocable Letter of Credit #SLCSSEA04088 Paramount Subdivision #22 Jaycee, Attached is the original Irrevocable Letter of Credit #SLCSSEA04088, issued by US Bank on behalf of Brighton Development Inc., as a guarantee of completion of development improvements in the Paramount Subdivision #22. this development. i have also attached a Surety Breakdown for Please let me know if you should have any questions, Thanks, Me O O O p p Ol v N N ON u u da'am _ _ a'a'a' a' r n n O C N a CMO ' 407 n N O (VOcsi O t7 �LO., fh 0) fU') W W W W W W W W W W W W !N 64 W W W n O O M N O in 0 N !O C CO f7 m M o0i W)i cow W W W W W W W W W W W W W W W W r o 0 0 0 0 0 0 0 o $ o0 0 o WI)v h M coo o � � N co � n W n W W W W W W W 64 W W W N E C u N c c 0 0 3 ` .� N 0 E o to 2 6 o 2 CL -0E N A lam y V N inin3��a a`� w a t� b T- J Q bank U.S. BANK NATIONAL ASSOCIATION INTERNATIONAL DEPARTMENT 1420 FIFTH AVENUE, 9TH FLOOR SEATTLE, WA 98101 U.S.A. PHONE: 206-344-2398 FAX: 206-344-5078 IRREVOCABLE STANDBY LETTER OF CREDIT APRIL 15, 2013 --------------------------------- ------------------------------ -------- ------------------------------------------------- APPLICANT:-- BENEFICIARY: CITY OF MERIDIAN BRIGHTON INVESTMENTS, LLC FOR THE 33 E. BROADWAY AVE. ACCOUNT OF BRIGHTON DEVELOPMENT INC. MERIDIAN, ID 83642 12601 W. EXPLORER DRIVE, SUITE 200 ATTN: BRUCE FRECKLETON BOISE, ID 83713 ----------------- ------ -- -- LETTER OF CREDIT NUMBER: SLCSSEA04088 - EXPIRY DATE: APRIL 12, 2014 ------------------------ ------------------------------------------- AT: OUR COUNTERS PRESENTLY LOCATED AT 1420 FIFTH AVENUE, 9TH FLOOR, "INTERNATIONAL DEPARTMENT, SEATTLE, WA, 98101 ON OR BEFORE 5:00 P.M. ---------------------------------- ---- ----------------------------------- AMOUNT $645,248.97 NOT EXCEEDING SIX HUNDRED FORTY FIVE THOUSAND TWO HUNDRED FORTY EIGHT AND 97 100 U.S. DOLLARS. ----------------------------- - WE HEREBY ISSUE THIS IRREVOCABLE STANDBY LETTER OF CREDIT AVAILABLE BY ______ YOUR DRAFT(S) DRAWN AT SIGHT ON U.S. BANK NATIONAL ASSOCIATION AND ACCOMPANIED BY THE FOLLOWING DOCUMENTS: L A STATEMENT PURPORTEDLY SIGNED BY AN AUTHORIZED INDIVIDUAL OF THE CITY OF MERIDIAN STATING THAT THE AMOUNT OF DRAFT DRAWN REPRESENTS FUNDS DUE THE CITY OF MERIDIAN DUE TO THE FAILURE OF BRIGHTON DEVELOPMENT INC. TO COMPLETE THE SEWER, WATER, STREET LIGHTS, LANDSCAPING, FENC PRESSURIZED IRRIGATION AND GRAVITY IRRIGATION IN PARAMOUNT SING, UBDIVISION #22. 2. THE ORIGINAL OF THIS LETTER OF CREDIT, INCLUDING ANY AMENDMENTS, MUST BE SUBMITTED TO THE BANK FOR OUR ENDORSEMENT OF ANY PAYMENTS EFFECTED BY US AND:OR FOR CANCELLATION. PARTIAL DRAWINGS ALLOWED. DRAFTS DRAWN UNDER THIS CREDIT MUST BEAR THE CLAUSE: "DRAWN UNDER U.S. BANK NATIONAL ASSOCIATION, IRREVOCABLE STANDBY LETTER OF CREDIT NO, SLCSSEA04088". THIS CREDIT IS SUBJECT TO "THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS" (2007 REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 600." (Mbank WE HEREBY ENGAGE WITH YOU THAT DRAFT(S) DRAWN AND/OR DOCUMENTS PRESENTED UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS IRREVOCABLE STANDBY LETTER OF CREDIT WILL BE DULY HONORED UPON PRESENTATION TO US, DRAFT(S) AND DOCUMENTS MUST BE PRESENTED TO OUR OFFICE AT U.S. BANK NATIONAL ASSOCIATION, INTERNATIONAL DEPARTMENT, 1420 5zH AVENUE, 9T" FLOOR, SEATTLE, WA 98101. PURSUANT TO U.S. LAW, WE ARE REQUIRED TO OBTAIN, VERIFY, AND RECORD INFORMATION THAT IDENTIFIES PARTIES TO THE TRANSACTION AND WE ARE ARE PROHIBITED FROM ISSUING, TRANSFERRING, ACCEPTING, OR EFFECTING PAYMENT TO ANY PARTY OR ENTITY IDENTIFIED BY THE U.S. DEPT. OF TREASURY INCLUDING ANY OFFICE AND BUREAU THEREOF OR SUBJECT TO THE DENIAL OF EXPORT PRIVILEGES BY THE U.S. DEPT. OF COMMERCE. U.S. BANK NATIONAL ASSOCIATION INTERNATIONAL BANKING DIVISION AUT t IZED SIGNATURE ..