1997-07-24 LOC Establish
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. Northea5t
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July 24, 1997
AMENDMENT
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 AND
CENTER OAKS ADDITION CITY OF ALBERTVILLE AS REGULATED BY
DEVELOPERS AND GRADING AGREEMENTS
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 Pilot Land Development Company (the "Developer") formally known as Kenco
Construction, Inc. 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, Center Oaks
Addition City of Albertville (the "Improvements") in the Development Agreement between the
City of Albertville and Pilot Land Development Company and Center Oaks Partnership.
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 am~unt 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, 1998, 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. 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
Gail T. Braun, Vice President
and Cashier
GTB:nca