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Letter of Credit-H13-p10 EIZIDIAN- October 11, 2013 Wells Fargo Bank International Standby Letter of Credit Processing MAC A0283-123 794 Davis Street, 2nd Floor San Leandro, CA 94577-6922 Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba Re: Release of Letter of Credit No. IS0049066U (Spurwing Grove N Brighton Development, Inc. o. 5) for Applicant After a site inspection and review of the above referenced project b Department and the Public Works Department, It has been determined y the Planning Letter of Credit in the amount of $162,258.85. Please use this letter ato release the a Wells Fargo Bank to cancel the Letter of Credit No. IS0049066U. s authorization for If you have any . questions, please contact me at (208) 888-4433 cooperation. Thank you for your Sincerely, JayceeUL, Holman City Clerk Enclosure WIE I D I A N --- Community Development Department Community Development Dept. Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 MEMORANDUM To: Jaycee Holman, City Clerk From: Bruce Freckleton, Development Services Manager Re: 5 Spurwing Grove #Subdivision — Release of Performance Surety Jaycee, October 8, 2013 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, Bruck �� E ItN-- October 8, 2013 Mr. David Turnbull, President Brighton Development, Inc. Mr. Richard Brown 12601 W. Explorer Drive, Suite 200 Brown Construction Co. PO Box 495 Boise, Idaho 83713 Nampa, Idaho 83653 RE: Spurwing Grove No. 5 — Final Acceptance Dear Mr. Turnbull: Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba Installation of this project's sanitary sewer and/or domestic water systems has been satisfactorily completed in accordance with the approved These systems have the required testing in accordance with City of Meridian S alndard Specifications and Drawings and therefore are hereby accepted by the City for ownership and normal maintenance. g 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 P Works Department' Standard Specifications and Drawings, the installation and materials ublic sewer and domestic water systems are to be warranted against defect by the owner for aof ete nod Of two -years from the date of this iAttor p - � vvClI L, City Engineer cc. City Clerk PW - Water Division PW - Wastewater Division PW - Construction Division File DEQ C�WIE IDIAN. :�-- IIaAHO Community DevebPment Department Community Development Dept. Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 MEMORANDUM July 5, 2013 To: Jaycee Holman From: Bruce Freckleton, Development Services Manager Re: Irrevocable Letter of Credit #IS0049066U — Spurwing Grove #5 Subdivision Jaycee, Attached is the original Irrevocable Letter of Credit #IS0049066U, issued by Wells Fargo Bank on behalf of Brighton Development Inc., as a guarantee of completion of development improvements in the Spurwing Grove #5 Subdivision. I have also attached a Surety Breakdown for this development. Please let me know if you should have any questions, Thank you, WF1,T,S, FARGO', Wells Fargo Bank, N.A. U. S. Trade Services Standby Letters of Credit MAC A0195-212 One Front Street, zest Flour San Francisco, California 94111 Phone: 1(800) 798 2815 Option 1 E-Mail: sftrade@welisfaryo com Irrevocable Standby Letter Of Credit BENEFICIARY CITY OF MERIDIAN PUBLIC WORKS MERIDIAN CITY HALL ATTN: BRUCE FRECKLETON 33 E. BROADWAY AVENUE, N0. 102 MERIDIAN, IDAHO 83642 LETTER OF CREDIT ISSUE AMOUNT LADIES AND GENTLEMEN: Number: 150049066U Issue Date : July 3, 2013 APPLICANT BRIGHTON DEVELOPMENT, INC. AN IDAHO CORPORATION ATTN: BLAKE ALDER 12601 WEST EXPLORER DRIVE, SUITE 200 BOISE, IDAHO 83713 USD 162,258.85 EXPIRY DATE DULY 3, 2014 AT THE REQUEST AND FOR THE ACCOUNT OF THE ABOVE REFERENCED APPLICANT, WE HEREBY AMOUNT OF ONE HUNDRED SIXTY TWO THOUSAND TWO HUNDRED FIFTY EIGHT AND 85/100 ISSUE OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO. IS00490660 IN YOUR FAVOR IN THE (US$162,258.85) AVAILABLE WITH US AT OUR ABOVE OFFICE BY PAYMENT AGAINST PRESENTATION OF THE FOLLOWING DOCUMENTS: 1. A DRAFT DRAWN ON US AT SIGHT AND MARKED "DRAWN UNDER WELLS FARGO BANK, N.A. IRREVOCABLE STANDBY LETTER OF CREDIT N0. IS0049066U." 2. THE ORIGINAL OF THIS IRREVOCABLE STANDBY LETTER OF CREDIT AND ANY AMENDMENTS THERETO, 3. BENEFICIARY'S SIGNED AND DATED STATEMENT WORDED AS FOLLOWS: "THE UNDERSIGNED, A DULY AUTHORIZED REPRESENTATIVE OF THE CITY OF MERIDIAN WORKS, HEREBY CERTIFIES THAT THE AMOUNT OF THE ACCOMPANYING DRAFT DRAWN THE WELLS FARGO BANK, N.A., IRREVOCABLE STANDBY LETTER OF CREDIT NO. I PUBLIC REPRESENTS FUNDS DUE TO THE CITY OF MERIDIAN PUBLIC WORKS DUE TO F UNDER BRIGHTON DEVELOPMENT INC., TO COMPLETE THE SEWER, STREET LIGHT LANDSCAPING PRESSURIZED IRRIGATION AND/OR OTHER WORK AS IS INCIDENTAL AND FAILURE T R ACCORDANCE WITH THE DRAWINGS AND SPECIFICATIONS AS SUB S' LANDSCAPING AND THE CITY OF MERIDIAN PUBLIC WORKS, IN THE SPURWING GROVE N RELATED THERETO, IN SUBMITTED TO AND APPROVED BY O.5 SUBDIVISION." __... Togeth Each page of this document is an integral pan Page 1 Of 3 er we ll g0 far Of this Irrevocable Standb y Letter of Credit Number 15004 9066U " INNS 1 FTTFR n[ r-nrn�r _ �nwl 1 CAHRES A I OUR ABOVE OFFICE ON JULY 03, 2014. IT IS A CONDITION OF THIS LETTER OF CREDIT THAT SUCH EXPIRATION DATE SHALL BE DEEMED AUTOMATICALLY EXTENDED, WITHOUT WRITTEN AMENDMENT, FOR ONE YEAR PERIODS TO JULY 3 IN EACH SUCCEEDING CALENDAR YEAR UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO SUCH EXPIRATION DATE WE SEND WRITTEN NOTICE TO YOU AT YOUR ADDRESS ABOVE BY OVERNIGHT COURIER OR REGISTERED MAIL THAT WE ELECT NOT TO EXTEND THE EXPIRATION DATE OF THIS LETTER OF CREDIT BEYOND THE DATE SPECIFIED IN SUCH NOTICE, UPON OUR SENDING YOU SUCH NOTICE OF THE NON -EXTENSION OF THE EXPIRATION DATE OF THIS LETTER OF CREDIT, YOU MAY DRAW UNDER THIS LETTER OF CREDIT, ON OR BEFORE THE EXPIRATION DATE SPECIFIED IN SUCH NOTICE, BY PRESENTATION OF THE FOLLOWING DOCUMENTS TO US AT OUR ABOVE ADDRESS: 1. A DRAFT DRAWN ON US AT SIGHT MARKED "DRAWN UNDER WELLS FARGO BANK, N.A. STANDBY LETTER OF CREDIT NO. IS0049066U." 2. THE ORIGINAL OF THIS STANDBY LETTER OF CREDIT AND ANY AMENDMENTS THERETO. 3. YOUR SIGNED AND DATED STATEMENT WORDED AS ABOVE. IF ANY INSTRUCTIONS ACCOMPANYING A DRAWING UNDER THIS IRREVOCABLE STANDBY LETTER OF CREDIT REQUEST THAT PAYMENT IS TO BE MADE BY TRANSFER TO AN ACCOUNT WITH US OR AT ANOTHER BANK, WE AND/OR SUCH OTHER BANK MAY RELY ON AN ACCOUNT NUMBER SPECIFIED IN SUCH INSTRUCTIONS AS THAT OF THE BENEFICIARY'S WITHOUT ANY FURTHER VALIDATION. NOTWITHSTANDING ANY OTHER PROVISION OF THIS LETTER OF CREDIT, ANY DRAWING MAY ALSO BE PRESENTED TO OUR OFFICE LOCATED AT WELLS FARGO BANK, IDAHO, L/C OPERATIONS, BOISE SERVICE CENTER BUILDING, 3033 ELDER STREET, 1 ST FLOOR, BOISE, ID 83705, ATTN: LEATHA THAYER, IF THE DOCUMENTS ARE PRESENTED TO THE IDAHO ADDRESS THE RECIPIENT OF SAID DOCUMENTS IS REQUIRED TO FAX THE DRAWING DOCUMENTS TO 336 735 0952. UNDERTAKING WITH RESPECT TO THE SUBJECT MATTER HEREOF, AND SUCH UNDERTTHIS IRREVOCABLE STANDBY LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF OUR SHALL NOT IN ANY WAY BE MODIFIED, AMENDED OR AMPLIFIED BY REFERENCE TO ANY NOTE, DOCUMENT, INSTRUMENT OR AGREEMENT REFERRED TO HEREIN OR IN WHICH THIS AKING IRREVOCABLE STANDBY LETTER OF CREDIT RELATES AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO BE INCORPORATED HEREIN BY REFERENCE TO ANY NOTE, DOCUMENT, INSTRUMENT OR AGREEMENT, THIS IRREVOCABLE STANDBY LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (2007 REVISION), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO.600, AND ENGAGES US IN ACCORDANCE WITH THE TERMS THEREOF. WE HEREBY ENGAGE WITH YOU THAT EACH DRAFT DRAWN AND PRESENTED TO US IN COMPLIANCE WITH THE TERMS AND PROVISIONS OF THIS IRREVOCABLE STANDBY LETTE R OF Together we ll Each Page of this multi a Page 2 of 3 go far P ge document is an integral Pan Of this Irrevocable Standby Letter of Credit Number IS0049066U nvP`IVKtU UY PAYMENT TO YOU OF THE AMOUNT REQUESTED. Very Truly Yours, WELLS FARGO BANK, N. . r MICHELE LEE By:. ASSISTANT VICE PRESIDENT Authorized Signature The original of the Letter of Credit contains an embossed seal over the Authorized Signature. Please direct any written correspondence or inquiries regarding this Letter of Credit, always quoting our reference number, to Wells Fargo Bank, National Association, Attn: U.S. Standby Trade Services at either One Front Street or 401 Linden Street MAC A0195-212, San Francisco, CA 94111 MAC D4004 017, __.____. Winston Salem, NC 27101 Phone inquiries regarding this credit should be directed to our Standby Customer Connection Professionals 1-800-798-2815 Option 1 L (Hours of Operation: 8:00 a.m. PT to 5:00 p.m. PT) 1 800 776 3862 Option 2 (Hours of Operation: 8:00 a.m. EST to 5:30 p.m. EST} _— Each page ge of this Page 3 of 3 To ether we'll go far P multipage document is an integral part s of this Irrevocable Standby Letter of Credit Number 150049066U ,: s . {' € , C�41E IDIAN,. Community Development Department Community Development Dept. Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 MEMORANDUM July 5, 2013 To: Jaycee Holman From: Bruce Freckleton, Development Services Manager Re: Irrevocable Letter of Credit #IS0049066U — Spurwing Grove #5 Subdivision Jaycee, Attached is the original Irrevocable Letter of Credit #IS0049066U, issued by Wells Fargo Bank on behalf of Brighton Development Inc., as a guarantee of completion of development improvements in the Spurwing Grove #5 Subdivision. I have also attached a Surety Breakdown for this development. Please let me know if you should have any questions, Thank you,