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Home My WebLink AboutA016 - Irrevocable Letter of Credit No. L5LS-666085 and correspondence JPMorganChase !0 JPMorgan Chase Bank,N.A. c/o JPMorgan Treasury Services Global Trade Services r 10420 Highland Manor Drive Tampa,FL 33610 f 2006 AUG 30, 2006 VAW SOUR L/C NO. : L5LS-666085 APPLICANT REF. NO. : 4256 CITY CLERK CITY OF AMES IOYMi APPLICANT w WAL-MART STORES INC. 2001 SE LOTH STREET BENTONVILLE, AR 72716-0100 BENEFICIARY CITY OF AMES 515 CLARK AVENUE AME S, IOWA 50010 ATTN: DIANE VOSS PHONE : 515-283-4609 WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO. L5LS- 666085 IN YOUR FAVOR, AS BENEFICIARY, BY ORDER AND FOR ACCOUNT OF WAL-MART STORES, INC. , ATTN: LETTER OF CREDIT MANAGER, DEPT. 9382, TEL. NO. 479- 273-8755, 2001 SE LOTH STREET, BENTONVILLE, AR 72701-0550 UP TO THE AGGREGATE SUM OF NINE HUNDRED FORTY THOUSAND FIVE HUNDRED AND N0/100 (USD940,500. 00) EXPIRING ON AUGUST 30, 2007 EXCEPT AS FURTHER STATED, AT THE COUNTERS OF JPMORGAN CHASE BANK, N.A. , 333 S. GRAND AVENUE , SUITE 3600, LOS ANGELES, CA 90071 , AVAILABLE BY PAYMENT AGAINST YOUR DRAFT(S) DRAWN ON JPMORGAN CHASE BANK, N.A. , AT SIGHT ACCOMPANIED BY: 1 . A STATEI4ENT PURPORTEDLY SIGNED BY AN AUTHORIZED OFFICER OF CITY OF AMES, SWORN TO BEFORE A NOTARY PUBLIC STATING THAT: A. ' 'WE HEREBY CERTIFIY THAT THE FUNDS DRAWN UNDER LETTER OF CREDIT NO. L5LS-666085 ISSUED BY JPMORGAN CHASE BANK, N.A. THAT WAL-MART STORES, INC. HAS FAILED TO COMPLETE OBLIGATIONS OF THE DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF AMES AND WAL-MART STORES, INC. , FOR STORE 4256 IN AMES, IOWA. WAL-MART STORES, INC. FAILED TO COMPLETE THE FOLLOWING: (LIST WORK WAL-MART STORES, INC. FAILED TO COMPLETE) " ; OR B. ' 'WE HEREBY CERTIFY THAT WE HAVE RECEIVED A NOTICE OF NON-RENEWAL OR TERMINATION OF THIS LETTER OF CREDIT PRIOR TO THE FINAL EXPIRATION DATE OF AUGUST 30, 2008, THAT WAL-MART STORES INC. 'S OBLIGATIONS TO COMPLETE OBLIGATIONS OF THE DEVELOPMENT AGREEMENT BY AND BETWEEN CITY AMES AND WAL-MART STORES, INC. REMAIN OUTSTANDING AND 16223.3 DelaTorre,Ralph Page 1 of 3 JPMorganChase C j JPMorgan Chase Bank,N.A. c/o JPMorgan Treasury Services Global Trade Services 10420 Highland Manor Drive Tampa,FL 33610 AUG 30, 2006 OUR L/C NO. : L5LS-666085 APPLICANT REF. NO. : 4256 THAT WE HAVE NOT RECEIVED A REPLACEMENT LETTER OF CREDIT IN A FORM ACCEPTABLE TO US. " ; OR C. "WE HEREBY CERTIFY THAT THIS LETTER OF CREDIT WILL EXPIRE ON AUGUST 30, 2008, THAT WAL-MART STORES, INC. OBLIGATION TO COMPLETE OBLIGATIONS OF THE DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF AMES AND WAL-MART STORES, INC. REMAIN OUTSTANDING AND THAT WE HAVE NOT RECEIVED A REPLACEMENT LETTER FO CREDIT IN A FORM ACCEPTABLE TO US. ' ' ; AND 2 . THE ORIGINAL OF THIS LETTER OF CREDIT. SPECIAL CONDITIONS: PARTIAL DRAWINGS ARE ACCEPTABLE . IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE DEEMED AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR ONE (1) YEAR FROM THE PRESENT OR ANY FUTURE EXPIRATION DATE UNLESS AT LEAST THIRTY (30) DAYS PRIOR TO SUCH EXPIRATION DATE YOU ARE NOTIFIED BY COURIER OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED, THAT WE ELECT NOT TO CONSIDER THIS LETTER OF CREDIT RENEWED FOR ANY SUCH PERIOD. NOTWITHSTANDING THE FOREGOING, THIS LETTER OF CREDIT SHALL HAVE A FINAL EXPIRY DATE OF AUGUST 30, 2008. ANY DRAFT DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED "DRAWN UNDER IRREVOCABLE LETTER OF CREDIT NO. L5LS-666085 ISSUED BY JPMORGAN CHASE BANK, N.A. " WE HEREBY ENGAGE WITH YOU THAT ANY DRAFT DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS LETTER OF CREDIT WILL BE DULY HONORED ON THE PRESENTATION AT OUR OFFICE AT 333 S. GRAND AVENUE, SUITE 3600, LOS ANGELES, CA 90071 ATTN: STANDBY LETTER OF CREDIT DEPARTMENT/MS. AGNES MARTINEZ, ASSISTANT VICE PRESIDENT, TEL NO. (213) 621-8076 OR MS. JOSIE PAREDES, TEL NO. (213) 621-8270 BY COURIER OR CERTIFIED MAIL, ON OR BEFORE THE EXPIRATION DATE AS SPECIFIED ABOVE . UNLESS OTHERWISE EXPRESSLY STATED HEREIN, THIS LETTER OF CREDIT IS SUBJECT TO THE INTERNATIONAL STANDBY PRACTICES 1998 (ISP98) , INTERNATIONAL CHAMBER 162233 DelaTorre,Ralph Page 2 of 3 JPMorganChase !0 JPMorgan Chase Bank,N.A. c%JPMorgan Treasury Services Global Trade Services 10420 Highland Manor Drive Tampa,FL 33610 AUG 30, 2006 OUR L/C NO. : L5LS-666085 APPLICANT REF. NO. : 4256 OF CONNIERCE PUBLICATION NO. 590. AUTHOAftED SIGNATURE Agnes Martinez Assistant ViCe President APPR ED ,�1' FOR BY DOUG S R. ARE CITY ATTORNEY 162233 DelaTorre,Ralph Page 3 of 3 City Clerk's Office 515 Clark Avenue,P. O.Box 811 Ames,IA 50010 Phone: 515-239-5105 Fax: 515-239-5142 August 31, 2006 TO WHOM IT MAY CONCERN: I, Diane R. Voss, hereby certify that I have this date received from Wal-Mart Stores, Inc., 2001 SE 10"' Street, Bentonville, AR, a Letter of Credit in the amount of$940,500. Said instrument has been placed on file in the Ames City Clerk's Office, 515 Clark Avenue, for the development of public improvements in Wal-Mart Subdivision, 1 st Addition, to the City of Ames, Iowa. By: Diane R. Voss Title: City Clerk ISSUING BANK: JPMORGAN CHASE BANK,N.A. LA REMOTE PROCESSING CENTER 333 SOUTH GRAND AVENUE, SUITE 3600 LOS ANGELES, CA 90071 APPLICANT: WAL-MART STORES INC. 2001 SE IOTH STREET BENTONVILLE,AR 72716-0100 BENEFICIARY: CITY OF AMES 515 CLARK AVENUE AMES, IOWA 50010 EXPIRY DATE/LOCATION 08/24/2007 / US DOCUMENTARY CREDIT AMOUNT: USD 940500.00 NINE HUNDRED FORTY THOUSAND FIVE HUNDRED WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO.L5LS666085 IN YOUR FAVOR, AS BENEFICIARY, BY ORDER AND FOR ACCOUNT OF WAL-MART STORES, INC., ATTN: LETTER OF CREDIT MANAGER, DEPT. 9382, 479-273-8755, 2001 SE LOTH STREET, BENTONVILLE, AR 72701-0550 UP TO THE AGGREGATE SUM OF NINE HUNDRED FORTY THOUSAND FIVE HUNDRED AND NO/100, (USD 940,500.00) EXPIRING ON AUGUST 24, 2007 EXCEPT AS FURTHER STATED, AT THE COUNTERS OF JPMORGAN CHASE BANK, NA. , 333 S. GRAND AVENUE, SUITE 3600, LOS ANGELES, CA 90071, AVAILABLE BY PAYMENT AGAINST YOUR DRAFT(S) DRAWN ON JPMORGAN CHASE BANK, N.A. , AT SIGHT ACCOMPANIED BY: 1. A STATEMENT PURPORTEDLY SIGNED BY AN AUTHORIZED OFFICER OF CITY OF AMES, SWORN TO BEFORE A NOTARY PUBLIC STATING THAT. A. ' 'WE HEREBY CERTIFIY THAT THE FUNDS DRAWN UNDER LETTER OF CREDIT NO. L5LS666085 ISSUED BY JPMORGAN CHASE BANK, N.A. THAT WAL-MART STORES, INC. HAS FAILED TO COMPLETE OBLIGATIONS OF THE DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF AMES AND WAL-MART STORES, INC. , FOR STORE 4256 IN AMES, IOWA. WAL-MART STORES, INC. FAILED TO COMPLETE THE FOLLOWING: (LIST WORK WAL-MART STORES, INC. FAILED TO COMPLETE) ' ' (semi-colon) OR B. ' 'WE HEREBY CERTIFY THAT WE HAVE RECEIVED A NOTICE OF NON-RENEWAL OR TERMINATION OF THIS LETTER OF CREDIT PRIOR TO THE FINAL EXPIRATION DATE OF AUGUST 24, 2008, THAT WAL-MART STORES INC. 'S OBLIGATIONS TO COMPLETE OBLIGATIONS OF THE DEVELOPMENT AGREEMENT BY AND BETWEEN CITY AMES AND WAL-MART STORES, IN . REMAIN OUTSTANDING AND THAT WE HAVE NOT RECEIVED A REPLACEMENT LETTER OF CREDIT IN A FORM ACCEPTABLE TO US. " (semi-colon)OR C. ' 'WE HEREBY CERTIFY THAT THIS LETTER OF CREDIT WILL EXPIRE ON AUGUST 24, 2008, THAT WAL-MART STORES, INC. OBLIGATION TO COMPLETE OBLIGATIONS OF THE DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF AMES AND WAL-MART STORES, INC REMAIN OUTSTANDING AND THAT WE HAVE NOT RECEIVED A REPLACEMENT LETTER FO CREDIT IN A FORM ACCEPTABLE TO US. " (semi-colon) AND 2. THE ORIGINAL OF THIS LETTER OF CREDIT. SPECIAL CONDITIONS: PARTIAL DRAWINGS ARE ACCEPTABLE. IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE DEEMED AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR ONE (1) YEAR FROM THE PRESENT OR ANY FUTURE EXPIRATION DATE UNLESS AT LEAST THIRTY (30) DAYS PRIOR TO SUCH EXPIRATION DATE YOU ARE NOTIFIED BY COURIER OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED, THAT WE ELECT NOT TO CONSIDER THIS LETTER OF CREDIT RENEWED FOR ANY SUCH PERIOD. NOTWITHSTANDING THE FOREGOING, THIS LETTER OF CREDIT SHALL HAVE A FINAL EXPIRY DATE OF AUGUST 24, 2008. ANY DRAFT DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED ' 'DRAWN UNDER IRREVOCABLE LETTER OF CREDIT NO. L5LS666085 ISSUED BY JPMORGAN CHASE BANK, N.A. ' WE HEREBY ENGAGE WITH YOU THAT ANY DRAFT DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS LETTER OF CREDIT WILL BE DULY HONORED ON THE PRESENTATION AT OUR OFFICE AT 333 S. GRAND AVENUE, SUITE 3600, LOS ANGELES, CA 90071 ATTN: STANDBY LETTER OF CREDIT DEPARTMENT/MS. AGNES MARTINEZ, ASSISTANT VICE PRESIDENT, TEL NO. (213) 621-8076 OR MS. JOSIE PAREDES, ASSISTANT TREASURER, TEL NO. (213) 621-8270 BY COURIER OR CERTIFIED MAIL, ON OR BEFORE THE EXPIRATION DATE AS SPECIFIED ABOVE UNLESS OTHERWISE EXPRESSLY STATED HEREIN, THIS LETTER OF CREDIT IS SUBJECT TO THE INTERNATIONAL STANDBY PRACTICES 1998 (ISP98) , INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 590. JPMorganChase C j JPMorgan Chase Bank,N.A. c/o JPMorgan Treasury Services Global Trade Services 10420 Highland Manor Drive Tampa,FL33610 , - �J` ��1� 1 J, FEB 25, 2008 CA OUR L/C NO. . L5LS-666085 APPLICANT REF. NO. : 4256 AMENDMENT NO. : 1 TO: APPLICANT: CITY OF AMES WAL-MART STORES INC. 515 CLARK AVENUE 2001 SE 10TH STREET AMES, IOWA 50010 BENTONVILLE, AR 72716-0100 IN ACCORDANCE WITH INSTRUCTIONS RECEIVED, THE ABOVE REFERENCED STANDBY LETTER OF CREDIT HAS BEEN AMENDED AS FOLLOWS: RECEIVER' S REFERENCE : 4256 L/C DECREASED BY: USD916,500 . 00 THE AVAILABLE AMOUNT OF THIS LETTER OF CREDIT AFTER GIVING EFFECT TO THIS AMENDMENT IS USD24 , 000 . 00 (TWENTY FOUR THOUSAND AND 00/100 U. S . DOLLARS) . NOTE TO BENEFICIARY: KINDLY SIGNIFY YOUR CONSENT /REFUSAL TO THIS AMENDMENT BY SIGNING AND RETURNING THE ENCLOSED COPY DIRECTLY TO US AT: JPMORGAN CHASE BANK, N.A. , C/O JPMORGAN TREASURY SERVICES, GLOBAL TRADE SERVICES, 333 SOUTH GRAND AVENUE, SUITE 3600, LOS ANGELES, CA 90071 ATTN JOSIE PAREDES TEL (213) 621- 8270 FAX (213) 621-8079 . YOUR IMMEDIATE ATTENTION TO THIS MATTER IS APPRECIATED IN ORDER FOR US TO COMPLETE OUR RECORDS . BENEFICIARY' S SIGNED CONSENT NAME: COMPANY: BENEFICIARY' S SIGNED REFUSAL NAME : COMPANY: 171231 DelaTorre,Ralph 8y vv( Page I of 2 JPMorganChase d JPMorgan Chase Bank,N.A. c/o JPMorgan Treasury Services Global Trade Services 10420 Highland Manor Drive Tampa,FL 33610 FEB 25, 2008 OUR L/C NO. : L5LS-666085 APPLICANT REF. NO. : 4256 AMENDMENT NO. : 1 ALL OTHER TERMS AND CONDITIONS OF THE CREDIT REMAIN UNCHANGED. NOTE: KINDLY SIGNIFY YOUR CONSENT TO THIS AMENDMENT BY SIGNING AND RETURNING THE ENCLOSED COPY DIRECTLY TO US OR THE ADVISING BANK (IF ONE IS PRESENT) FOR TRANSMISSION TO US . YOUR IMMEDIATE ATTENTION TO THIS MATTER WILL BE APPRECIATED IN ORDER THAT WE MAY COMPLETE OUR RECORDS. AU H diDS �NAURE Agnes Martinez Assistant Vice Presirieilf 171231 DelaTorre,Ralph Page 2 of 2 JPMorgan Chase Bank, N.A. JPMlorgaC10 ase r c/o JPMorgan Chase Treasury Services Global Trade Services 10420 Highland Manor Drive Tampa, FI 33610 MARCH 26, 2008 OUR ADVICE NO. : L5LS-666085 TRACER LETTER NO. 0 *000038LCBR11001* TO: CITY OF AMES 515 CLARK AVENUE AMES, IOWA 50010 GENTLEMEN PLEASE REFER TO OUR AMENDMENT NO 1 DATED FEBRUARY 25, 2008 WHICH REQUIRED BENEFICIARY'S WRITTEN CONSENT OR REJECTION. AS OF TODAY, WE HAVE NOT RECEIVED YOUR REPLY. YOUR SPEEDY RESPONSE WOULD BE GREATLY APPRECIATED IN ORDER TO NOTIFY OUR CUSTOMER OF YOUR DECISION. PLEASE FORWARD YOUR REPLY TO US TO THE ADDRESS AS INDICATED IN THE AMENDMENT, OR CONTACT OUR CLIENT SERVICE GROUP AT THE FOLLOWING TELEPHONE NUMBER OR E-MAIL ADDRESS: 1-800-634-1969 OR GTS.CLIENT.SERVICES@JPMCHASE.COM m U J M Tracy Warner/COA To Ray D Anderson/COA@COA 08/11/2006 06:32 AM cc John C Joiner/COA@COA, Bob Kindred/COA@COA, Doug Marek/COA@COA, Diane R Voss/COA@COA bcc Subject WalMart Letter of Credit Ray, Our office has reviewed the submitted cost analysis for the Wal-Mart Supercenter and have found that the amount$940,500 will be sufficient to cover the public improvements associated with the subdivision. Please let me know if you have any further questions. Tracy L. Warner, Municipal Engineer City of Ames Public Works Dept. 515 Clark Ave. Ames, IA 50010 Desk: 515-239-5163 twarner@city.ames.ia.us Caring People` Quality Programs — Exceptional Service From: "Joyce Chambers"<Joyce.Cham bers@wal-mart.com> Recipients: <dvoss@city.ames.ia.us>, <cfbecker@belinlaw.com> Subject: 4256 Ames, IA.doc Date: 08/22/2006 03:57:07 PM «4256 Ames, IA.doc>> Attached is Draft LOC for your review and approval. If you have any questions or comments, please contact me. Thank you, Le Joyce Chambers AppR D 0 ORM finanaol Security Deporfinenf BY / I- (419) 204-0881 DOUGLAMR.M REK (419) 204-9536 fox CITY ATTORNEY Wol-Mart Reolfy Co. v Ac�_ Afln. Joyce Chambers, Depf. 9.382 re -e 2001 SF 1 J' Slreel Bentonville, AR 121`'16-0550 Joyce.Chcrnbers@wo1-morl.com ******************************************************************* *** This email and any files transmitted with it are confidential and intended solely for the individual or entity to whom they are addressed. If you have received this email in error destroy it immediately. ****************************************************** **************** Wal-Mart Confidential **************************** *********************r******************** 4256Ames IA.doc Diane R Voss/COA To joyce.chambers@wal-mart.com 08/30/2006 09:37 AM cc dvoss@city.ames.ia.us bcc Subject Wal-Mart LOC Joyce: Our City Attorney has reviewed the LOC that you e-mailed. The wording meets with his approval. He will approve it as to form as soon as we receive a hard copy with original signature. Thanks for setting us straight on this! Diane Voss, City Clerk P. O. Box all Ames, Iowa 50010 (515) 239-5105 Tracy Warner/COA To Diane R Voss/COA@COA 02/06/2008 09:44 AM cc bcc Subject Fw: LOC Wal-Mart SC 4256 Ames IA BFA Proj 2735 Diane, Eric is going to write the letter today and have John sign it. Can this be on the Feb. 12th City Council agenda? I will let Ross & Wal-Mart know when I hear which Council meeting for them to plan for. Thanks! Hope you are staying warm & dry. Tracy L. Warner, Municipal Engineer wt A, Y..; y City Hall, Public Works Department Engineering Division 515 Clark Avenue Desk: (515) 239-5163 FAX: (515) 239-5404 Email: twarner(o-)city.ames.ia.us ----- Forwarded by Tracy Warner/COA on 02/06/2008 09:43 AM----- Ross Henson <rhenson@bfaeng.com> To Tracy Warner<twarner@city.ames.ia.us> 11 02/06/2008 09:27 AM ' cc Crystal Uphoff<Crystal.Uphoff@wal-mart.com>, Michael Allan-Design <Michael.Allan@wal-mart.com>, "Keith King, Design Manager(Keith.King@wal-mart.com)" <Keith.King@Wal-Mart.com>, Raymond Frankenberg <Frankenberg@bfaeng.com> Subject LOC Wal-Mart SC 4256 Ames IA BFA Proj 2735 February 6, 2008 Ms. Tracy Warner City of Ames RE: Wal-Mart Letter of Credit Ames IA BFA Proj 2735 Tracy, Thanks for getting back with me on the LOC. As I understand you to say below, the LOC may be reduced to $24, 000. This would be a reduction of $916, 500. Are there any forms or written request we need to submit to get this done? I would like to get this on the next City Council Agenda if possible. Please let me know what I need to do. Thanks again. Sincerely, Ross Henson, AIA Project Manager for BFA, Inc. 103 Elm Street Washington, MO 63090 Tel. - (636) 239-4751 Fax - (636) 239-1646 THE ENCLOSED ELECTRONIC FILE IS TRANSMITTED FOR INFORMATIONAL PURPOSES ONLY. IT IS UNDERSTOOD THAT BFA, INC. IS NOT RESPONSIBLE FOR THE CONTENTS, USE, LOSS OF, ANY DATA CONTAINED ON THE ELECTRONIC FILE WHILE IN YOUR USE. -----Original Message----- From: Tracy Warner [mailto:twarner@city.ames.ia.us] Sent: Wednesday, February 06, 2008 8:28 AM To: Ross Henson Cc: Eric Cowles; Diane R Voss; Corey Mellies Subject: Super WalMart (Ames, IA) LOC Ross, I have more information now about the partial release for the Super WalMart LOC for the Ames, IA project. The following items still need to be included in the LOC: COSESCO = $9500.00 Electric Facility Improvements = $9500.00 Traffic (Duff Avenue signage & pavement markings) _ $5000.00 These items total $24, 000. Please let me know if you have any further questions. (Embedded image moved to file: pic08910.gif) Tracy L. Warner, Municipal Engineer (Embedded image moved to file: pic09536.gif) City Hall, Public Works Department Engineering Division 515 Clark Avenue Desk: (515) 239-5163 FAX: (515) 239-5404 Email: twarner@city.ames.ia.us Tracy Warner/COA To Diane R Voss/COA@COA 02/22/2008 03:37 PM cc bcc Subject Fw: Letter of Credit Wal-Mart SC 4256-00 Ames IA BFA Proj 03-2735 Diane, Ross Henson is the main contact that we have had for the Wal-Mart project. Sometimes email is the quickest way to get in contact with him since he travels to various Wal-Mart sites in different states. Let me know if you need anything else. Have a great weekend. Tracy L. Warner, Municipal Engineer City Hall, Public Works Department Engineering Division 515 Clark Avenue Desk: (515) 239-5163 FAX: (515) 239-5404 Email:twarner .city.ames.ia.us -----Forwarded by Tracy Warner/COA on 02/22/2008 03:36 PM----- Ross Henson <rhenson@bfaeng.com> To "'Tracy Warner, Municipal Engineer 01/14/2008 02:24 PM (twarner@city.ames.ia.us)"'<twarner@city.ames.ia.us> cc Keith King-CONST<Keith.King@wal-mart.com>, Michael Allan-Design<Michael.Allan@wal-mart.com>, Raymond Frankenberg<Frankenberg@bfaeng.com> Subject Letter of Credit Wal-Mart SC 4256-00 Ames IA BFA Proj 03-2735 January 14, 2008 Ms. Tracy Warner City of Ames RE: Letter of Credit for Public Improvements Wal-Mart Supercenter 4256-00 Ames IA BFA Project 03-2735 S r Tracy, In following up to our phone call last week, did you find out any additional information on the Letter of Credit and whether it could be released or reduced? Thanks. Sincerely, Ross Henson, AIA Project Manager for BFA, Inc. 103 Elm Street Washington, MO 63090 Tel. - (636) 239-4751 Fax - (636) 239-1646 THE ENCLOSED ELECTRONIC FILE IS TRANSMITTED FOR INFORMATIONAL PURPOSES ONLY. IT IS UNDERSTOOD THAT BFA, INC. IS NOT RESPONSIBLE FOR THE CONTENTS, USE, LOSS OF, ANY DATA CONTAINED ON THE ELECTRONIC FILE WHILE IN YOUR USE. [attachment "winmail.dat" deleted by Tracy Warner/COA] c , Ross Henson To "DVoss@city.ames.ia.us"<DVoss@city.ames.ia.us> ..' . <rhenson@bfaeng.com> cc "Keith King, Design Manager Keith.Kin wal-mart.com ' 02/25/2008 02:23 PM <Keith.King@Wal-M art.com>, Michael Allan-Design bcc <Michael.Allan@wal-mart.com>, Raymond Frankenberg Subject FW: LOC Wal-Mart Supercenter 4256-00 Ames IA BFA Proj 2735 February 25, 2008 Ms. Diane Voss, City Clerk City of Ames RE: Wal-Mart's LOC Diane, As per my contacts with Wal-Mart, an amendment will be issued today and you should receive it tomorrow. Thank you. Sincerely, Ross Henson, AIA Project Manager for BFA, Inc. 103 Elm Street Washington, MO 63090 Tel. - (636) 239-4751 Fax - (636) 239-1646 "One of the most important things in communication is hearing what isn't being said. " - Author Unknown THE ENCLOSED ELECTRONIC FILE IS TRANSMITTED FOR INFORMATIONAL PURPOSES ONLY. IT IS UNDERSTOOD THAT BFA, INC. IS NOT RESPONSIBLE FOR THE CONTENTS, USE, LOSS OF, ANY DATA CONTAINED ON THE ELECTRONIC FILE WHILE IN YOUR USE. -----Original Message----- From: Crystal Uphoff [mailto:Crystal.Uphoff@wal-mart.com] Sent: Monday, February 25, 2008 2 :18 PM To: Ross Henson; Keith King - CONST Cc: Michael Allan - Design; Raymond Frankenberg Subject: RE: LOC Wal-Mart Supercenter 4256-00 Ames IA BFA Proj 2735 I did an amendment to reduce the letter of credit. It will be issued today and they should received it tomorrow. Thanks. Crystal Uphoff Financial Security Analyst 479-204-0337 479-204-9536 (fax) crystal.uphoff@wal-mart.com -----Original Message----- From: Ross Henson [mailto:rhenson@bfaeng.com] Sent: Monday, February 25, 2008 2:07 PM To: Keith King - CONST Cc: Crystal Uphoff; Michael Allan - Design; Raymond Frankenberg Subject: LOC Wal-Mart Supercenter 4256-00 Ames IA BFA Proj 2735 February 25, 2008 Mr. Keith King Wal-Mart Stores, Inc. RE: LOC Wal-Mart Supercenter 4256-00 Ames IA BFA Project 2735 Keith, I received the email below from the City Clerk requesting a new LOC ($24, 000) so that they can release the old LOC. Do I need to get the local attorney to prepare this information? Thanks. Sincerely, Ross Henson, AIA Project Manager for BFA, Inc. 103 Elm Street Washington, MO 63090 Tel. - (636) 239-4751 Fax - (636) 239-1646 "One of the most important things in communication is hearing what isn't being said. " - Author Unknown THE ENCLOSED ELECTRONIC FILE IS TRANSMITTED FOR INFORMATIONAL PURPOSES ONLY. IT IS UNDERSTOOD THAT BFA, INC. IS NOT RESPONSIBLE FOR THE CONTENTS, USE, LOSS OF, ANY DATA CONTAINED ON THE ELECTRONIC FILE WHILE IN YOUR USE. -----Original Message----- From: Diane R Voss [mailto:DVoss@city.ames.ia.us] Sent: Monday, February 25, 2008 1:34 PM To: Ross Henson Subject: Wal-Mart LOC Mr. Henson: The Ames City Council, at its meeting held February 12, 2008, approved partial completion of public improvements and lessened the LOC for Wal-Mart, lst Addition, to $24, 000 for the remaining work (that includes electric facility improvements, traffic signage, pavement markings on South Duff Avenue and the Construction Site Erosion and Sediment Control Ordinance Bond) . Please provide a new LOC in the amount of $24, 000 so that the previously filed one may be released. Thank you for your assistance. Diane Voss, City Clerk/Records Manager P. O. BOX 811 Ames, Iowa 50010 (515) 239-5105 ----------------------------------------- This email and any files transmitted with it are confidential and intended solely for the individual or entity to whom they are addressed. If you have received this email in error destroy it immediately. ********************************************************************** Wal-Mart Confidential ********************************************************************** Diane R Voss/COA To rhenson@bfaeng.com 02/25/2008 01:34 PM cc bcc Diane R Voss/COA Subject Wal-Mart LOC Mr. Henson: The Ames City Council, at its meeting held February 12, 2008, approved partial completion of public improvements and lessened the LOC for Wal-Mart, 1 st Addition, to$24,000 for the remaining work(that includes electric facility improvements, traffic signage, pavement markings on South Duff Avenue and the Construction Site Erosion and Sediment Control Ordinance Bond). Please provide a new LOC in the amount of$24,000 so that the previously filed one may be released. Thank you for your assistance. Diane Voss, City Clerk/Records Manager P. O. Box 811 Ames, Iowa 50010 (515)239-5105 Eric Cowles/COA To Diane R Voss/COA@COA 06/04/2008 03:25 PM cc bcc Subject Re: LOC Expiration[i Diane, We are waiting on the Notice of Discontinuation for their ConSESCO permit. We have been in contact with Oakview and they are working with Jake Moore on getting that turned in to us. Once we have that we can release the LOC. I will check with Jake tomorrow morning on the status, but I would anticipate not having to renew. Eric D. Cowles, E.I. City of Ames Public Works Construction Supervisor 515 Clark Avenue Ames, Iowa 50010 Ph: 515-239-5277 Fax: 515-239-5404 Cell: 515-203-0791 DC: 191*100*32500 Diane R Voss/COA Diane R Voss/COA 06/04,12008 02:05 PM To Eric Cowles/COA@COA cc Subject LOC Expiration Eric: Wal-Mart's LOC expires on August 30. This LOC was lessened to$24,000 last February. Do we need an extension? Diane Voss, City Clerk/Records Manager P. O. Box 811 Ames, Iowa 50010 (515) 239-5105 J f LOC; Eric Cowles/COA To Diane R Voss/COA@COA 06/05/2008 01:28 PM cc bcc Subject Fw: LOC Expiration 1 P Diane, Here is the update. Hopefully they can get the paperwork in. I will put a reminder on my calendar for July 1 to get back with them and determine what direction to head. Eric D. Cowles, E.I. City of Ames Public Works Construction Supervisor 515 Clark Avenue Ames, Iowa 50010 Ph: 515-239-5277 Fax: 515-239-5404 Cell: 515-203-0791 DC: 191*100*32500 -----Forwarded by Eric Cowles/COA on 06/05/2008 01:28 PM----- Jake Moore/COA 06/05/2008 08:37 AM To Eric Cowles/COA@COA cc Subject Re: Fw: LOC Expiration[i Eric, I spoke with Steve Haith (402-203-2973) who is with Oakview Construction. He said the engineer is going to look at the site ealy next week to decide if they are going to discontinue the permit. I informed Steve that I need to receive a copy of the NOD when it is submitted to the DNR. I will check back with Steve Haith next week. Thanks, Jake Moore Eric Cowles/COA To Diane R Voss/COA@COA 07/01/2008 07:20 AM cc Tracy Warner/COA@COA,Jake Moore/COA@COA bcc Subject Fw:Wal Mart NOD Diane, We have not received the DNR Notice of Discontinuation for the Wal Mart site. r Since we do not have this we can not release the LOC so it will need to be renewed. If you have questions let me know. C �7 S Thanks Eric D. Cowles, E.I. City of Ames Public Works Fyn Construction Supervisor , 515 Clark Avenue _G - Ames, Iowa 50010 �L Ph: 515-239-5277 _ r Fax: 515-239-5404 Cell: 515-203-0791 0cj'0'0 DC: 191*100*32500 I ----- Forwarded by Eric Cowles/COA on 07/01/2008 07:17 AM ----- Jake Moore/COA 07/01/2008 07:05 AM To Eric Cowles/COA@COA cc Subject Re:Wal Mart NOD[ No, I have not received a copy of the NOD yet. Eric Cowles/COA Eric Cowles/COA 07/01/2008 06:47 AM To Jake Moore/COA@COA cc Subject Wal Mart NOD Jake, Did we get a copy the NOD? If not I will have Diane Voss begin the process of renewing their Letter of Credit for the site. Let me know. Thanks. r NOTICE OF DISCONTINUATION OF A STORM WATER DISCHARGE COVERED UNDER IOWA NPDES GENERAL PERMIT NO.2 FOR CONSTRUCTION ACTIVITIES Name of the owner or facility to which the storm water discharge general permit coverage was issued. A-h, C'adc List the complete permit authorization number for the discharge. This number is provided on the bottom of the authorization sheet. IA- List the date the construction site reached final stabilization. zccz The following certification must be signed in accordance with the signatory requirements of the general permit(see back side). I certify under penalty of law that disturbed soils at the identified facility have been finally stabilized and temporary erosion and sediment control measures have been removed or will be removed at an appropriate time. I understand that by submitting this Notice of Discontinuation,I am no longer authorized to discharge storm water associated with industrial activity for construction activities by Iowa Department of Natural Resources NPDES General Permit No.2 and that discharging pollutants from storm water associated with industrial activity to waters of the United States is unlawful under the Clean Water Act where the discharge is not authorized by an NPDES permit. I further certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system,or those persons directly responsible for gathering the information,the information submitted is,to the best of my knowledge and belief,true,accurate,and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for known violations. ►rt 5' ( s yyl, f�i CY IFS C Name(print) 'n ticeGk0c c U �� Title �7 eom �j � �i Signature f r Date Return to: Storm Water Coordinator Department of Natural Resources 502 E.9th Street Des Moines,IA 50319-0034 (over) WAL= MARTO WAL-MART STORES,INC. 2001 SE 10th STREET BENTONVILLE,AR 72716-0550 479-204-3314 7/22/2008 FedEx Receipt#8656 3 770 2200 Storm Water Coordinator Iowa DNR 502 E. 9th Street Des Moines,IA 50319-0034 RE: Notice of Termination(NOT) Wal-Mart Store#4256-0 Ames,IA Storm Water General Permit Number:IA-11110-10905 To Whom It May Concern: Submittal of Wal-Mart Stores, Inc. Notice of Termination (NOT) associated with IASDEC Stormwater General Permit Number IA-1 1 1 10-1 0905 for your review and consideration. If you have any questions or need further information,please do not hesitate to contact me at 479-204-0772 or by E-mail at Moriah.Snoxhill@wal-mart.com. Thank you for your time. Sincerely, Moriah Snoxhill Stormwater Coordinator Wal-Mart Stormwater Coordinator 9635 Sam Walton Development Complex 2001 SE loth Street Bentonville,Arkansas 72716-0550 Attachments(1) cc: W-M Construction Manager W-M Design Manager JW RETAIN THIS COPY FOR YOUR RECORDS,. i{tt C} a o f Off � o s=d a IJ. ❑ e r $ { 3 g$ err $ x� ❑�. .�.� t� a � a� ANS [�}} irg SS a Iff ❑ fit .� �co $ �AliI f g s; F j I Qaa z : ,aE '° : wag $� c Ifj S€ €y o$� m . = Li ii q us LLWjT 1e oI Afa ❑ s � o ❑ ft1 ru x a r� rrn +_0 ^ N ""! m 4 4 r C a a 0 eE Sxs � � rii � S o } ee•€ 1. `a � N 1•f Eric Cowles/COA To Diane R Voss/COA@COA 07/28/2008 06:36 AM cc bcc Subject Re: Fw:Closure of Erosion Control Permit and Release of Letter of Credit Wal-Mart SC 4256 Ames IA BFA Proj 2735EJ I will get the letter put together this week and have John sign it and get it to you. Thanks. Eric D. Cowles, E.I. City of Ames Public Works Construction Supervisor 515 Clark Avenue Ames, Iowa 50010 Ph: 515-239-5277 Fax: 515-239-5404 Cell: 515-203-0791 DC: 191*100*32500 Diane R Voss/COA Diane R Voss/COA 07/23/2008 10:59 AM To Eric Cowles/COA@COA cc Subject Fw: Closure of Erosion Control Permit and Release of Letter of Credit Wal-Mart SC 4256 Ames IA BFA Proj 2735 Should I put the release for this on the Council's Agenda for August 12? 1 would need a letter of completion from you. Please advise! Thanks! Diane Voss, City Clerk/Records Manager P. O. Box 811 Ames, Iowa 50010 (515) 239-5105 -----Forwarded by Diane R Voss/COA on 07/23/2008 10:56 AM----- Ross Henson «.` . <rhenson@bfaeng.com> To "jmoore@city.ames.ia.us"<jmoore@city.ames.ia.us> 07/23/2008 08:16 AM cc Corey Mellies<cmellies@city.ames.ia.us>, "Keith King (Forward)"<keith.king@wal-mart.com>,"Jim Smith, Construction Manager"<jim.smith@wal-mart.com>, Michael Allan-Design<Michael.Allan@wal-mart.com>,Andres Forero<Andres.Forero@wal-mart.com>, Crystal Uphoff <Crystal.Uphoff@wal-mart.com>,Tim Meyer <tmeyer@oakviewconst.com>, Raymond Frankenberg <Frankenberg@bfaeng.com>, Diane R Voss <DVoss@city.ames.ia.us>,"ecowles@city.ames.ia.us" <ecowles@city.ames.ia.us> Subject Closure of Erosion Control Permit and Release of Letter of Credit Wal-Mart SC 4256 Ames IA BFA Proj 2735 s � 7/23/08 Mr. Jake Moore, Storm Water Inspector City of Ames RE: Notice of Discontinuation (NOD) Submittal Wal-Mart 5upercenter 4256-00 534 5 Duff Ave Ames IA BFA Project 2735 Mr. Moore, Attached please find the NOD submittal to the Iowa Department of Natural Resources for the Wal-Mart 5upercenter Project. I understand that the City requires a copy of this before the Construction Site Erosion and Sediment Control (CO5E5CO) permit can be closed. I also understand that the Letter of Credit being held at the City can be released once the C05E5CO permit is closed. If I need to submit anything else to the City please do not hesitate to contact me. Thanks. Sincerely, Ross Henson, AIA Project Manager for BFA, Inc. 103 Elm Street Washington, MO 63090 Tel. - (636) 239-4751 Fax - (636) 239-1646 THE ENCLOSED ELECTRONIC FILE IS TRANSMITTED FOR INFORMATIONAL PURPOSES ONLY. IT IS UNDERSTOOD THAT BFA, INC. IS NOT RESPONSIBLE FOR THE CONTENTS, USE, LOSS OF,ANY DATA CONTAINED ON THE ELECTRONIC FILE WHILE IN YOUR USE. Diane R Voss/COA To crystal.uphoff@wal-mart.com 08/07/2008 02:55 PM cc bcc Diane R Voss/COA Subject Wal-Mart LOC Ms. Uphoff: Acceptance of completion of Wal-Mart Subdivision, 1st Addition (and release of the security) is on the City Council's August 12 Agenda. If you have further questions or need additional information, please contact me. Thank you. Diane Voss, City Clerk/Records Manager P. O. Box 811 Ames, Iowa 50010 (515)239-5105 Eric Cowles/COA To Diane R Voss/COA@COA 08/07/2008 02:46 PM cc bcc Subject Fw:Ames, IA#4256 Diane, Can you respond to Crystal's note below? Thanks. Eric D. Cowles, E.I. City of Ames Public Works Construction Supervisor 515 Clark Avenue Ames, Iowa 50010 Ph: 515-239-5277 Fax: 515-239-5404 Cell: 515-203-0791 DC: 191*100*32500 -----Forwarded by Eric Cowles/COA on 08/07/2008 02:45 PM----- Jake Moore/COA 08/07/2008 01:13 PM To Eric Cowles/COA@COA cc Subject Fw:Ames, IA#4256 Eric, Forwarding this on to you. I have copy of the paperwork of the NOD that Wal-Mart filed it you need it. Thanks, Jake -----Forwarded by Jake Moore/COA on 08/07/2008 01:10 PM----- "Crystal Uphofr' .�' . <Crystal.Uphoff@wal-man.co To <jmoore@city.ames.ia.us> cc 08/07/2008 11:58 AM Subject Ames, IA#4256 Hi Jake, I was just checking to see if our letter of credit has been released yet. Thanks, Crystal Uphoff, Financial Securities Analyst Phone 479.204.0337 Fax 479.204.9536 crystal.uphoff@wal-mart.com Wal-Mart Stores, Inc. 2001 SE 101h Street Bentonville, AR 72716-0550 Save money. Live better. ******* ** * * **** ** * *** *** ** * This email and any files transmitted with it are confidential and intended solely for the individual or entity to whom they are addressed. If you have received this email in error destroy it immediately. Wal-Mart Confidential 515 Clark Avenue,P. O. Box 811 t PIW— Ames,IA 50010 Evcep"°"°l&'we Phone: 515-239-5105 Fax: 515-239-5142 August 13, 2008 Mr. Ross Henson, AIA BFA,Inc. 103 Elm Street Washington, MO 63090 RE: Wal-Mart Subdivision, I"Addition Receiver's Reference: 4256 Dear Mr. Henson: At their meeting of August 12, 2008, the Ames City Council accepted completion of the public improvements for the above-named Subdivision and released the security being held therefor. Enclosed is the released Amended Letter of Credit No. L5LS-666085 in the amount of$24,000. If you have questions, please call. Thank you. Sincerely, Diane Voss City Clerk /dry Enclosure