2000-07-05 LOC
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July 5, 2000
Your Independent
Comrnunity Bank
IRREVOCABLE LETTER OF CREDIT NO. 30-99
City of Albertville
Attn: Linda Houghton
Box 131
Albertville, MN 55301
RE: SUBDIVISION IMPROVEMENTS IN THE CEDAR CREEK SOUTH 4TH
ADDITION, CITY OF ALBERTVILLE AS REGULATED BY THE DEVELOPERS
AGREEMENT.
We hereby establish our Irrevocable Letter of Credit #30-99, effective immediately upon the
approval 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 Seventy
Five Thousand Dollars and 00/100 ($75,000.00), as such amount is decreased as provided
below, available to you by your sight draft or draft drawn upon us in connection with the
completion of surety for streets, utilities, driveways, sod & yard trees and erosion control
improvements in the Cedar Creek South 4th 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 not 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;
2) Be in an amount required to cure the default by the Developer to complete the
Improvements, which amount shall not exceed $75,000.00.
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As Issued
LoC 30-99
3) Bear on its face the clause: "Dra\vn under Letter of Credit No. 30-99, dated July 5, 2000";
4) Be presented for payment at this office no later than 1 :00 P.M., on July 5, 2001, 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 Customs
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