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1993-10-13 LOC Established ..I.\~ ;;. \ ~I BAN( (((((III1H)))1 NORTHW=ST 701 Central Avenue E. St. Michael. Minnesota 55376 (612) 497-2131 FAX (612) 497-4353 City of Albertville Attn: Linda Houghton Box 131 Albertville, MN 55301 Date: October 13, 1993 Letter of Credit #259705 Expiration Date: October 13, 1994 Dear Ms. Houghton: We hereby establish our IRREVOCABLE standby Letter of Credit in your favor for the account of Braun Development, Inc. available by your drafts drawn at sight on Security Bank Northwest, st. Michael, MN 55376 for any sum or sums not exceeding a total aggregate amount of $116,500.00. Any draw under this Letter of Credit must be accompanied by this original Letter of Credit, a copy of the Hardwood Pond Second Addition Developer Agreement dated October 13, 1993 between Braun Development, Inc. and the City of Albertville in the amount of $116,500.00 and a statement signed by a Certified Official of the City of Albertville stating that Braun Development, Inc. has not performed his obligations as required under that contract and that the amount of the sight draft accompanying the draw request is equal to the amounts owed by The City of Albertville to cover expenses necessary to rectify the failure of Braun Development, Inc. to perform under the contract. Except as otherwise stated herein, the Uniform Customs and Practice (1983 Revision), International Publication No. 400. this credit is subject to for Documentary Credits Chamber of Commerce, The amount of each draft negotiated, with the date of negotiation, must be endorsed hereon by the negotiating bank, and any draft presented to us shall consti tute a warranty of the negotiating bank that such endorsement was effected. All drafts drawn under this credit should bear the clause "Drawn Under Securi ty Bank Northwest, st. Michael, MN Letter of Credit #259705 dated October 13, 1993. OFFICES: Albertvlile: 5882 Main Street Northeast, Albertville, Minnesota 55301, (612) 497-3525. Maple Grove: 13370 Grove Drive, Maple Grove, Minnesota 55369, (612) 420-3039 City of Albertville October 13, 1993 Page 2 All documents required by this Letter may be submitted until its expiration date. Partial drawings are acceptable as are multiple drawings although total draws may not exceed $116,500.00. The term of this letter of credit shall automatically extend one (1) year from the expiration date provided herein unless Security Bank Northwest notifies the City that said term shall not be renewed or extended beyond the date provided herein. Said notification shall be effective only if it is provided to the City in writing at least sixty (60) days prior to the expiration of said irrevocable letter of credit as provided herein. Said extension shall occur annually until said notice of non-renewal/non-extension is timely provided to the City. We hereby agree wi th you and wi th negotiating banks and bankers that all drafts drawn by virtue of this credit, and in accordance with its terms, shall meet with due honor upon presentation and deli very of documents as specified to Security Bank Northwest, St. Michael, MN if negotiated, or if presented at this office together with Letter of Credit on or before October 13, 1994. Sincerely, , , -:~ /j/'- f / / /-:) _ 'f;. Kathryn A. Marquette Asst. Vice President ~ /" (': KAM/ce . .#">./ 1';/ \ -?; BAN< I(((ffll IUJII NORTHW=ST 701 Central Avenue E. St. Michael, Minnesota 55376 (612) 497-2131 FAX (612) 497-4353 City of Albertville Attn: Linda Houghton Box 131 Albertville, MN 55301 Date: October 13, 1993 Letter of Credit #259713 Expiration Date: October 13, 1994 Dear Ms. Houghton: We hereby establish our IRREVOCABLE standby Letter of Credit in your favor for the account of Braun Development, Inc. available by your drafts drawn at sight on Security Bank Northwest, st. Michael, MN 55376 for any sum or sums not exceeding a total aggregate amount of $7,500.00. Any draw under this Letter of Credit must be accompanied by this original Letter of Credit, a copy of the Hardwood Pond Second Addition Developer Agreement dated October 13, 1993 between Braun Development, Inc. and the City of Albertville in the amount of $7,500.00 and a statement signed by a Certified Official of the City of Albertville stating that Braun Development, Inc. has not performed his obligations as required under that contract and that the amount of the sight draft accompanying the draw request is equal to the amounts owed by The City of Albertville to cover expenses necessary to rectify the failure of Braun Development, Inc. to perform under the contract. Except as otherwise stated herein, the Uniform Customs and Practice (1983 Revision), International Publication No. 400. this credit is subject to for Documentary Credits Chamber of Commerce, The amount of each draft negotiated, with the date of negotiation, must be endorsed hereon by the negotiating bank, and any draft presented to us shall consti tute a warranty of the negotiating bank that such endorsement was effected. All drafts drawn under this credit should bear the clause "Drawn Under Securi ty Bank Northwest, st. Michael, MN Letter of Credit #259713 dated October 13, 1993. OFFICES: Albertville: 5882 Main Street Northeast, Albertville, Minnesota 55301, (612) 497 -3525. Maple Grove: 13370 Grove Drive. Maple Grove, Minnesota 55369. (612) 420-3039 . " City of Albertville October 13, 1993 Page 2 All documents required by this Letter may be submitted until its expiration date. Partial drawings are acceptable as are multiple drawings although total draws may not exceed $7,500.00. The term of this letter of credit shall automatically extend one (1) year from the expiration date provided herein unless Security Bank Northwest notifies the City that said term shall not be renewed or extended beyond the date provided herein. Said notification shall be effective only if it is provided to the City in writing at least sixty (60) days prior to the expiration of said irrevocable letter of credit as provided herein. Said extension shall occur annually until said notice of non-renewal/non-extension is timely provided to the City. We hereby agree with you and wi th negotiating banks and bankers that all drafts drawn by virtue of this credit, and in accordance with its terms, shall meet with due honor upon presentation and delivery of documents as specified to Security Bank Northwest, st. Michael, MN if negotiated, or if presented at this office together with Letter of Credit on or before October 13, 1994. Sincerely, /' //.,,///, " Kathryn A. Asst. Vice /~x, ~ r'" Marquette President KAM/ce