1996-07-24 LOC Established
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July 24, 1996
IRREVOCABLE LETTER OF CREDIT 21-96
City of Albertville
Attn: Linda Houghton
Box 131
Albertville, MN 55301
RE: SUBDIVISION IMPROVEMENTS IN THE P ARKSIDE 3RD ADDITION CITY
OF ALBERTVILLE AS REGULATED BY DEVELOPERS AGREEMENT
We hereby establish our Irrevocable Letter of Credit 21-96, a 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 Kenco Construction, Inc. (the "Developer") in the amount
of Fifty Thousand Dollars and 00/100 ($50,000.00), as such amount is decreased as provided
below, available to you by your sight draft or drafts drawn upon us in connection with the
completion of grading in the Parkside 3rd Addition City of Albertville (the
"Improvements") in the Development Agreement between the City of Albertville and
Kenco Construction, Inc.
Each draft drawn under this Letter of Credit must be accompanied by :
a) The original of this 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:
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LoC 21-96
1) Be signed on behalf of the City by the City Administrator or his/her designee;
2) Be in an amount required to cure the default by the Developer to complete the
Improvements, which amount shall not exceed $50,000.00.
3) Bear on its face the clause: "Drawn under Letter of Credit No. 21-96, dated
July 24, 1996";
4) Be presented for payment at this office no later than 1:00 P.M., on July 24, 1997, at
which time this Letter of Credit shall expire.
This amount of the Letter of Credit shall be automatically reduced in the amount of One
Hundred Percent (100%) of the estimated cost of the work completed as each portion of
the Improvements is completed and the City Engineer approved in writing such
completion. Each drawing hereunder shall reduce by the amount of such drawings the
amount available under this Letter of Credit.
We hereby agree that drafts drawn under and presented in conformity with the terms of
the Letter of Credit will be duly honored upon presentation.
Except 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 construed 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
&L
R.G. akerman, Executive Vice President
RGO:nca