2001-04-17 LOC
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April 17, 2001
Your Independent
, Comnmnity Bank
77 Broadway N.E.
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IRREVOCABLE LETTER OF CREDIT NO. 05-01
612'379-881 'j
FAX 612,362-3262
FDIC
,City of Albertville
Attn: Linda Houghton
Box 13 1
Albe11ville, MN 55301
RE: SUBDIVISION IMPROVEMENTS IN THE CEDAR CREEK NORTH 3RD
ADDITION, CITY OF ALBE,RTVILLE AS REGULATED BY THE
DEVELOPERS AGREEMENT
We hereby establish our Irrevocable Letter of Credit #05-01, effective immediately upon
the recording of the Final Plat, in favor of the City of Albertville (the "City") at the
request and for the account of Pilot Land Development Company (the "Developer") in
the amount of Forty One Thousand Dollars and 00/100 ($41,000.00), as such amount is
decreased as provided below, available to you by your sight draft drawn upon us in
connection with the completion of surety for streets and utilities improvements in the
Cedar Creek North 3rd Addition, City of Albertville (the "Improvements") referenced
in the development Agreement between the City of Albertville and Pilot Land
Development Company.
Each draft drawn under this Letter of credit must be accompanied by:
a) The original of the Letter of Credit;
b) A notarized draft executed by the City Administrator, stating the developer is
in default of the Development Agreement, and that the city is entitled to draw
upon the Letter of Credit. Such statement shall set forth the Improvements not
completed, the respect in which the Improvements have 110t been completed
and the amount required to cure such failure.
Each draft drawn under this Letter of Credit must:
1) Be signed on behalf of the City by the City Administrator or hislher designed:
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April 17, 2001
Page 2
LoC #05-01
2) Be in an amount required to cure the default by the developer to complete the
Improvements, which amount shall not exceed $41,000.00
3) Bear on its face the clause: "Draw-n under Letter of Credit 1'~0.05-01, dated
April 17, 2001";
4) Be presented for payment at this office no later than 1 :00 P.M., on
April 17, 2002, at which time this Letter of Credit shall expire.
We hereby agree drafts drawn under and presented in conformity with the terms of
the Letter of Credit will be duly honored upon presentation.
Excepts as otherwise expressly stated, this Letter of credit is subject to the Uniform
customers and Practice for Documentary Credits (1983 Revision) International
Chamber of Commerce Publication No. 400 ( the "Uniform customs"). This Letter of
credit shall be governed by and constructed in accordance with the laws of the State
of Minnesota, including the Uniform Commercial Code as in effect in the State of
Minnesota.
This Letter of Credit is not transferable or assignable and is not issued for the benefit
of any third party claimant.
We shall not be called upon to resolve issues of fact or law between the Beneficiary
and the Developer.
Northeast Bank
I ~~C1-
. T. Mikolich
Executive Vice President and Cashier