Loading...
2003-07-09 LOC 6512-93 .) A ALLIANCE BANK e ') IRREVOCABLE LETTER OF CREDIT NO. 6512-93 DATE: July 9, 2003 FOR ACCOUNT OF: Contractor Property Developers Company TO BENEFICIARY: City of Albertville 5975 Main Avenue N.E. P.O. Box 9 Albertville, MN 55301 RE: Towne Lakes - 3rd Addition Grading Agreement AMOUNT: $40,000.00 EXPIRATION: November 9, 2003 We hereby establish this as our Irrevocable Letter of Credit in favor of you, your transferee, nominee or assignee, at the request and for the account of Contractor Property Developers Company, a Minnesota Corporation, hereinafter referred to as (the "Applicant"), available by your drafts at sight on up to, but not exceeding Forty Thousand and 00/100 US Dollars ($40,000.00) in U.S. Currency. Your draft must be presented to us on or before November 9, 2003 and be accompanied by: 1. Be signed by an authorized officer of the Beneficiary 2. Bear on its face the clause "Drawn under Alliance Bank Letter of Credit Number 6512-93, dated July 9,2003." 3. A notarized written statement, signed by the drawer of the draft, to the effect that Contractor Property Developers Company, a Minnesota Corporation, has not completed the required improvements as defined in that certain Grading Agreement between the City of Albertville and Contractor Property Developers Company and that amount of such draft is due and owing the drawer in accordance with said Agreement 120 TOWN SQUARE ... 444 CEDAR STREET ... ST. PAUL MN 55101 ... (651)229,0070 ... FAX(651)229-0966 .~ Irrevocable Letter of Credit No. 6512-93 Applicant: Contractor Property Developers Company Beneficiary: City of Albertville Page 2 of2 ~ 4. A copy of Beneficiary's notice to Applicant of its intent to draw upon this Letter of Credit. 5. Be accompanied by this Letter of Credit Number 6512-93. We hereby agree that all drafts under and in compliance with the terms of this Letter of Credit will be duly honored if drawn and presented for payment at our offices located at 120 Town Square, 444 Cedar Street, St. Paul, Minnesota 55101, by 3:00 p.m., Central Standard Time, on or before the expiration date of November 9, 2003. However, this Letter of Credit shall be void as to the portion payable if not presented by the close of business on the expiration date. It is a condition of this Letter of Credit that it shall be automatically extended without amendment for a four (4) month period upon the Expiration Date and upon each anniversary of the Expiration Date, unless at least thirty (30) days prior to the Expiration Date or anniversary thereof, Alliance Bank notifies Beneficiary and Applicant in writing by registered mail that Alliance Bank elects not to so extend this Letter of Credit for any additional period. The Letter of Credit shall be governed in all respects by the laws of the State of Minnesota, including the Uniform Commercial Code in effect in said State. Except as otherwise stated herein, the Letter of Credit is subject to the Uniform Customs and Practices for Documentary Credits (1993 Revision), International chamber of Commerce Publication No. 500, or any subsequent revision thereto. Alliance Bank By: Lf~ Une L. Turbes Its: Vice President