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Res 2011- 83 Release Ltr of Credit Mendota Mall AssociatesI-TA - X11 I J- - FA LK 0 10 Q I -gym 0 J -10 10 1 - DKI Rim RESOLUTION NO. 2011-83 RESOLUTION RELEASING A LANDSCAPE LETTER OF CREDIT TO MENDOTA MALL ASSOCIATES, LLP WHEREAS, the City of Mendota Heights entered into a developer's agreement with Mendota Mall Associates, LLP for the redevelopment of the Mendota Plaza; and WHEREAS, the developer's agreement required the developer to provide a letter of credit equal to 150 percent the value of the proposed Phase I construction landscaping located on Lots 1 and 2 of the Mendota Plaza Expansion; and WHEREAS, Landscaping was completed in 2010 with warranty replacements being provided in 2011; and WHEREAS, the City of Mendota Heights staff has verified the landscaping and the warranty replacements for the Phase I construction landscaping on Lots 1 and 2 of the Mendota Plaza Expansion, has been completed. NOW THEREFORE BE IT HEREBY RESOLVED, that the City Council of j the City of Mendota Heights hereby releases Letter of Credit number NZS658124 dated March 30, 2010, provided by Mendota Mall Associates, LLP; and BE IT FURTHER RESOLVED, the City of Mendota Heights will require Mendota Mall Associates, LLP, or its agents or its successors, to provide a Letter of Credit to cover 150 percent of landscape installation costs, in accordance with the developer's agreement, prior to issuance of building permits for any future construction phases of the Mendota Plaza Expansion site, including lots 3 through 8. Adopted by the City Council of the City of Mendota Heights this twentieth day of September 2011. ATTEST L___--Wndra Mayor I Sandie Thone City Clerk