2002-04-05 LOC
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CONSTRUCTION FINANCE, LLC
IRREVOCABLE LETTER OF CREDIT NO. 200163 DATED APRIL 5, 2002
City of Albertville
5975 Main Avenue
PO Box 9
Albertville, MN 55301
Dear Sir or Madam:
We hereby establish our IRREVOCABLE LETTER OF CREDIT, numbered as indicated
above, and effective immediately, in favor of the City of Albertville (the "City") at the
request and for the account of Edina Development Corporation, ("Developer) in the
amount of and not to exceed One Million Two Hundred Ninety Two Thousand Nine
Hundred and 00/100 Dollars ($1,292,900.00), 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 certain improvements (the "improvements") for the subdivision known as
Albert Villas Fourth Addition, as such Improvements are described in the Development
Agreement between the City and the Developer.
Each draft drawn under the LETTER OF CREDIT must be accompanied by:
A. The original of this LETTER OF CREDIT;
B. A notarized statement executed by the City Administrator, stating that the
Developer is in default of the Development Agreement, that the Developer
has failed to complete the Improvements in accordance with the terms 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 had 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 his/her designee;
2. Be in the amount required to cure the default by the Developer to complete the
Improvements, amount shall not exceed $1,292,900.00.
860 Blue Gentian Road, Suite 135
Eagan, MN 55121
Phone (651) 994-4606 . Fax: (651) 994-7076
7830 Main Street, Suite 210
Maple Grove, MN 55369
Phone (763) 420-9130 . Fax: (763) 420-9134
24 Wilson Avenue NE, Suite 205 . PO Box 6056
SI. Cloud, MN 56302-6056
Phone (320) 259-0900 . Fax (320) 259-1907
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3. Bear on its face the clause "DRAWN UNDER LETTER OF CREDIT NO.
200163, Dated AprilS, 2002.
4. Be presented for payment during regular business hours at our Collection
Department, 860 Blue Gentian Road, Suite 135, Eagan, MN 55121, no later
than 2:00 p.m. on AprilS, 2003, at which time this LETTER OF CREDIT
shall expire.
The amount of this LETTER OF CREDIT shall be reduced by the amount of the
estimated cost of the work completed as each portion of the Improvements are completed
and paid for, and the City Engineer approves in writing such reduction. Each drawing
hereunder shall reduce by the amount of such drawing 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 Customs and Practice for Documentary Credits (1993 Revision). International
Chamber of Commerce Publications No. 500 (the "Uniform Customs"). This LETTER
OF CREDIT shall be deemed to be a contract made under the laws of the State of
Minnesota and, as to matters not governed by the Uniform Customs, 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 issued of fact or law between the City and the
Developer.
LAKELAND CONSTRUCTION FINANCE, LLC
By ~#!f QL
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837579
RETURN TO:
CITY OF ALBERTVILLE
5875 MAIN AVE NE
PO BOX 9
ALBERTVILLE MN 55301
03 MAR I 3 PM 12: , 0
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