1560 Thomas Center Dr
1 o Eaaall
Mike Maguire
Mayor
Paul Bakken
Cyndee Fields August 12, 2009
Gary Hansen
Meg Tilley
Council Members Attn: Trade Services
Associated Bank
Thomas Hedges 200 N. Adams Street
City Administrator Green Bay, WI 54301
Re: Letter of Credit No. 4373
Dear Madam or Sir:
The City of Eagan hereby releases Irrevocable Standby Letter of Credit No. 4373
Municipal Center dated October 18, 1996, issued by Riverside Bank for Lifetime Fitness.
3830 Pilot Knob Road Therefore, we are returning the original document to you for your use.
Eagan, MN 55122-1810
651.675.5000 phone This letter of credit was issued to insure completion of landscaping associated
651.675.5012 fax with the construction of a parking lot for Lifetime Fitness. I have reviewed the
651.454.8535 TDD site and landscape improvements and found that the installation was satisfactorily
completed. Consequently, we no longer have need for this letter of credit.
Maintenance Facility Thank you and please let me know if you need any additional information.
3501 Coachman Point
Eagan, MN 55122 Sincerely,
651.675.5300 phone
651.675.5360 fax
651.454.8535 TDD Pamela Dudziak
Planner
www.cityofeagan.com Enclosure
The Lone Oak Tree
The symbol of
strength and growth
in our community.
Riverside..,.., Bank
Minnesota Center Office R t!~ C E ~ fVb1
7760 France Avenue
JcIQ
Suite 125 NOV 4, 6
BlnoTiinc)ton, NVIN ~~1
a -
(612) 897 1 ~}0
Fax (612) 897-3859
IRREVOCABLE STANDBY LETTER OF CREDIT NO. 4373
October 18, 1996
City Clerk
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
RE: Landscape Performance Guaranty for Lifetime Fitness; Lot 2, Block 1, Thomas Lake Center
We hereby authorize you to draw on Riverside Bank of 7760 France Avenue South, Bloomington, Minnesota, Five Thousand
and 00/100 US Dollars ($5,000.00) available by your draft at sight.
All drafts drawn must be marked "drawn under Letter of Credit No. 4373, dated October 18, 1996."
The purpose of this Letter of Credit is to act as a landscape performance guaranty to the City of Eagan to insure the installation
and maintenance of all landscaping according to the approved landscape plan dated September 9, 1996. The performance
guarantee shall cover one full calendar year subsequent to the installation of all landscaping. In the event of the failure of the
developer to satisfactorily complete or maintain the landscaping, then the City of Eagan may draw against this Letter of Credit
to accomplish performance.
We agree that the Letter of Credit shall expire no sooner than October 18, 1997, unless sooner released by the City of Eagan,
but in the event that the terms of the above-mentioned automatically extended at its expiration date on an annual basis unless at
least sixty (60) days prior to the expiration date we have notified the City Clerk by certified mail that we elect not to extend
this Letter of Credit. Upon receipt of said notice, the City of Eagan shall be entitled to draw at sight, by presentment of a draft
or drafts prior to the date of expiration hereof, up to the full aggregate amount as set forth herein, less any reductions.
We hereby agree with the drawers, endorsers and bona fide holder of drafts drawn under and in compliance with the terms of
this Letter of Credit that such drafts will be duly honored on due presentation to the drawee.
Except so far as otherwise expressly stated, this Letter of Credit is subject to the Uniform Customs and Practice for
Documentary Credits (1993 revision) International Chamber of Commerce publication number 500.
Riverside Bank
By: Gerald Anderson
Its: Assistant Vice-President
Cedar-Riverside Office LaSalle Plaza Office
1801 Riverside Avenue 800 LaSalle Avenue
II Tinneapolis, MN 55458-2419 Minneapolis, MN 55402-2015
MEMBER FDIC
Blackhawk Park Planned Development Amendment
Lot 2, Block 1, Thomas Lake Center
Lifetime Fitness
THIS AGREEMENT, made this day of October 1996, by and between the
CITY OF EAGAN, a Minnesota municipal corporation (hereinafter the "City") and Lifetime
Fitness, a Minnesota Corporation (hereinafter the "Applicant").
WHEREAS, the City Council of the City of Eagan is the official governing body of
the City of Eagan; and
WHEREAS, Lifetime Fitness is the Owner of Lot 2, Block 1, Thomas Lake Center;
and the owner of Lot 1, Block 1, Safari at Eagan 2nd Addition, and
WHEREAS, this property is governed by Blackhawk Park Planned Development
(hereinafter the "Agreement"), and
WHEREAS, the Advisory Planning Commission recommended approval of an
Amendment to the Agreement on September 24,1996; and
WHEREAS, the City Council approved the Amendment to the Agreement on
October 1, 1996; and
NOW THEREFORE, it is hereby agreed to and between the parties hereto as
follows:
1. This Amendment applies to Lot 2, Block 1, Thomas Lake Center Addition
and Lot 1, Block 2, Safari at Eagan 2nd Addition.
2. This Amendment includes specific conditions to the development as set
forth herein (Exhibit A).
3. The applicant shall use and develop the property as an accessory parking
lot as a principal use on Lot 2, Block 1, Thomas Lake Center in
conformance with the plans attached hereto (Exhibits B - E).
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the
day and year first above written.
CITY OF EAGAN
A M' sot orporation
B z
Thomas Egan
Its: Mayor
(Seal) (U 1AA.A
BY.
. VanOverbeke
Its. lerk
Lifetime Fitness
A Minnesota Corporation
(Seal)
BY:
Bahram Akradi
Its: President
DATE:
APPROVED:
4 4
Community Development De ent
APPROVED AS TO FORM:
City Attorney
STATE OF MINNESOTA)
ss
COUNTY OF DAKOTA
On this -C- day of Rlj 1996 before me a
Notary Public within and for said County personally appeared THOMAS EGAN and E.J.
VANOVERBEKE to me personally known, who being each by me duly sworn, each did
say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality
named in the foregoing instrument, and that the seal affixed in behalf of said municipality
by authority of its City Council and said Mayor and Clerk acknowledged said instrument
to be the free act and deed of said municipality.
ary ublic
STATE OF MINNESOTA) "e• MARILYNL.WUG NNiG
NOTARY PUBLIC-MINNESOTA
ak • Ja n. 31 000
Ss DAKOTA COUNTY
COUNTY OF DAKOTA My Commission Expires
On this 2 day of 1996 before me a
Notary Public within and for said County p rsonally appeared Bahram Akradi, to me
personally known, the president of Lifetime Fitness, the corporation named in the
foregoing instrument who acknowledged the said instrument to be the free act and deed
of the corporation.
LISA A. POLLOCK
NOTARY PUBLIC - WNWEBOTA
My Comm. i4 J. 919200. ary U is
THIS INSTRUMENT WAS DRAFTED BY:
Community Development Department
City of Eagan
3830 Pilot Knob Road
Eagan, Minnesota 55122
(612) 681-4600
Exhibit A
1. The use granted herein is solely for the benefit of Lot 1, Block 1, Safari at Eagan
2nd Addition for the off-street parking of passenger vehicles.
2. The applicant shall record the Planned Development Amendment at the Dakota
County Recorders Office within 60 days of approval.
3. The Planned Development Amendment shall terminate upon the termination of the
principal use (health club) on Lot 1, Block 1, Safari at Eagan 2nd Addition or
development of Lot 2, Block 1, Thomas Lake Center.
4. The applicant shall submit a landscape and lighting plan for the subject property
for staff review and approval.
5. The pedestrian crosswalk across Thomas Center Drive shall be constructed in
accordance with the City Pedestrian Crosswalk Policy.
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B RB B B M Quality Services Since 1957
ENGINEERING TESTING
MINNESOTA: Minneapolis, Hibbing, St. Cloud, Rochester, St. Paul Incorporated J.S. Braun, P.E. Dale R. Allen, P.E.
C.G. Kruse, P.E. W.M. Weyrauch, P.E.
PH. Anderson Michael M. Heuer, P.E.
Affiliated Offices: D.R. Hausler, P.E. Thomas R. Blumberg
G.D. Kluempke, P.E. Norman E. Hall
James J. Craig, Jr., P.E. William K. Cody, P.E.
NORTH DAKOTA: Bismarck, Williston; MONTANA: Billings, Bozeman; ILLINOIS: Chicago Roger V. Blomquist, PhD Ray A. Huber, P.E.
P.O. Box 35108
ReMp&s., MN 5 5 4 3 5
(612) 941-5600
October 21, 1987
Linvill Associates, Inc.
Kenneth B. Anderson
11975 Portland Avenue South #126
Burnsville, MN 55337
RE: 86-758 EXCAVATION OBSERVATION
AND COMPACTION TESTING
Lot 2
Thomas Lake Center
Cliff' Road Thomas
Lake Road
Eagan, Minnesota
Mr. Anderson:
We recently conducted excavation observations and compaction
testing for the eastern part of Lot 2 of the above mentioned
retail center. The purpose of the excavation observations was to
assist in evaluating the suitability of the soils encountered in
the bottom of the excavation for fill and building foundation
support. The purpose of the compaction testing was to assist in
evaluating the density that was achieved in the fill subsequently
placed for foundation and floor slab support.
AVAILABLE INFORMATION
The building area and parking area of Lot 2 were previously exca-
vated except for the easterly 10 feet of the building to the east
property line. This eastern portion of Lot 2 was used as a sedi-
mentation basin up until the time the storm sewer was installed.
CONSULTING ENGINEERS / SOILS AND MATERIALS
Affiliated Companyfor Chemical & Environmental Testing and Consulting - Braun Environmental Laboratories, Inc.
86-758
t,invill Associates, Inc. -2- October 21, 1987
Our previous observations of Lot 2 are outlined in our Excavation
Observation report dated June 25, 1987.
Bottom-of-excavation elevations, along with compaction test ele-
vations, were referenced to grade stakes set by others.
EXCAVATION OBSERVATIONS
The excavation observations were conducted by an Engineering
Assistant on September 29 and 30, 1987. A total of four hand
auger probes were put down in the excavation to a depth of about
4 feet. The soils encountered in the bottom of the excavation
ranged from a silty sand to sandy lean clay. Based on the
turning resistance of the hand auger, the soils were estimated to
be in a medium dense condition.
The bottom of the excavation ranged from elevation 911+ to 913+
on the east side and from elevation 916+ to 919+ on the west side
of the excavation. Elevations were determined using a ruler and
hand-held eye level.
The overall dimensions of the excavation were approximately 150
feet north-south and 60 to 70 feet east-west. The excavation
extended to within 10 feet of the east property line.
COMPACTION TESTING
A total of seven compaction tests have been taken in the eastern
70 feet of Lot 2. All the tests have met or exceeded the recom-
mended minimum of 93% of modified Proctor density. These results
have been attached to this report.
CONCLUSIONS
Based on the results of our excavation observations, it is our
opinion that the soils encountered in the excavation bottom are
suitable for support of the proposed fill and foundation loads.
Based on the compaction test results, it is our opinion that ade-
quate densities have been obtained in the fill placed and com-
pacted for building and parking support. We recommend footings
be sized to exert a soil bearing pressure of 3,000 pounds per
square foot (psf) or less.
LHRnuni
=86-758
Linvill Associates, Inc. -3- October 21, 1987
GENERAL REMARKS
Services performed by the geotechnical engineers for this project
have been conducted in a manner consistent with that level of
care and skill ordinarily exercised by members of the profession
currently practicing in this area under similar budget and time
restraints. No warranty, expressed or implied, is made.
Should you have any questions regarding this information, please
contact us at your convenience.
Very truly yours,
BRAUN ENGINEERING TESTING, INC.
ii
Grego J. elf f
En rin As,istant
a ub r, P.E.
S nior Engineer
GJP/RAH:gec
Attachments: Compaction Tests #63 through #69
cc: Turner Excavating
Attn: John Turner
City of Eagan
Attn: Bill Bruestte
Brun
The content of this report and supporting documents are for the exclusive use of the addressee. In the absence of our prior written approval
we make no representation and assume no responsibility to any other parties regarding such content.
REPORT OF FIELD M
COMPACTION TESTS 8mun Quality Services Since 1957
ENGINEERING TESTING
Incorporated
MINNESOTA: Minneapolis, Hibbing. St. Cloud, Rochester, St. Paul Affiliated Offices:
Bismarck, Williston & Minot, ND
Reply to: P.O. Box 35018 Date: Oct. 16, 1r~ 987 Billings & Bozeman, MT
Minneapolis, MN 55435 Chicago, IL
Project 86-758 Report
Client: Linvill Assoc.
11975 Portland Ave. So. Project Description: Thomas Lake Center
Suite 126 Cliff &,Thomas Lake Rd.
Burnsville, MN 55337 Eagan, MN
Attn: Ken Anderson
Max. Lab In Place
Test Soil Optimum Dry Density In Place Dry Density Percent Specified
No. Date I.D. # Classification Moisture (PCF) % Moisture (PCF) Compaction Compaction Comments
63 9/30/8 P-1 SM 7.1 137.5 7.5 130.8 95 95 1A
64 9/30/8-7 P-1 SM 7.1 137.5 8.5 134.2 971 95 1A
65 9/30/87 P-1 SM 7.1 137.5 7.7 139.0 101 95 1A
66 9/30 8 P-1 SM 7.1 137.5 7.5 136.3 99 95 1A
67 10 8 P-1 SM 7.1 137.5 7.4 132.9 961 95 1A
68 10/1/87 P-1 SM 7.1 137.5 10.1 140.0 105 95 1A
69 10/2/8t P-1 SM 7.1 137.5 8.9 134. 971 95 1A
Nuclear Method ASTM: D2922-81 Standard Proctor ASTM D698-78
X Sand Cone Method ASTM: D1556-82 Modified Proctor ASTM D1557-78
Bench Mark:
Test
No. LOCATION Elevation
.
63 140'South, 15'West of NE corner lot #2 915
64 90'South, 20'West of NE corner lot #2 918
65 150'South, 50'West of NE corner lot #2 920
66 150'South, 30'West of NE corner lot #2 919
67 175'South, 35'West of NE corner lot #2 920
68 200'South, 50'West of NE corner lot #2 922
69 200'South, 70'West of NE corner lot #2 9254
1. Fill A. Test Results Comply With Specifications. Respectfully Submitted,
2. B. Test Results Do Not Comply with Specifications Braun Engineering Testing Inc.
NOTES:
cc: Turner Excavating
City of Eagan, Attn: Bill Bruestte
go adelford
Engineering Assistant