2002-04-08 LOC Established 06-0241V Northeast
•V Bank
April 8, 2002
Yaurindependent
Community Bank
IRREVOCABLE LETTER OF CREDIT NO. 06-02 77 Broadway N.E.
Minneapolis, MN 55413
612-379-8811
City of Albertville FAX: 612-362-3262
Attn: Linda Goeb Member F.D.I.C.
P.O. Box 9
Albertville, MN 55301
RE: CEDAR CREEK SOUTH 5TH ADDITION
We hereby establish our Irrevocable Letter of Credit No. 06-02, 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")
In the amount of Two Hundred Twenty One Thousand Thirty -Five Dollars and 00/100
($221,035.00), 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 to cover;
landscaping, final paving, utility warranty, driveways and survey corners, and park
dedication fees, per the development agreement in the Cedar Creek South 5th Addition,
City of Albertville (the "Improvements") referenced in the development Agreement
between the City of Albertville and Pilot Land Development Company.
Each draft under this Letter of Credit;
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.
April 8, 2002
Page 2
LoC No. 06-02
Each draft under this Letter of Credit must:
1) Be signed on behalf of the City Administrator or his/her designed;
2) Be in an amount required to cure the default by the Developer to complete
the Improvements, which amount shall not exceed $221,035.00
3) Bear on it's face the clause: "Drawn under Letter of Credit 06-02, dated
April 8, 2002:
4) Be presented for payment at this office no later than 1:00 P.M., on
April 7, 2003.
We hereby agree 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 (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
Gail T. Mikolich
Executive Vice President and Cashier