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1992-06-01 LOC . City of Albertville P.o. Box 131 Albertville, MN 55301 701 Centrol Avenue E. St. Michoel. Minnesota 55376 (612) 497-2131 FAX (612) 497-4353 Attn: City Administrator Re: Letter of Credit #23341(C) Expiration Date: June I, 1993 Amount: $8,100.00 Issue Date: June I, 1992 Replaces Letter of Credit #23341 issued April 20, 1988 in the amount of $28,600 and revised letter #23341(B) issued October 21, 1991 in the amount of $20,000 Gentlemen: At the request of John F. Darkenwald and George W. Yankoupe, and in accordance with all applicable banking laws and regulations, we authorize the City of Albertville to draw upon Security Bank Northwest, a licensed and qualified banking or savings and loan association in the State of Minnesota, up to an aggregate amount of $8,100.00. It is understood that Security Bank Northwest has agreed to provide this Letter of Credit as a surety to guarantee that all of the terms and conditions relating to the escrow items of the Developers Agreement for Westwind Addition (First Phase) dated April 22, 1988, which is attached hereto and incorporated herein by reference as Exhibit "A" are performed by the Developer pursuant to the terms thereof. This Letter of Credit is intended to be an Irrevocable Letter of Credit signifying to the City of Albertville that the banking or savings and loan association named herein has pledged to the City the payment of up to the aggregate amount set forth herein upon there being any default by the Developer or any of the conditions relating to the escrow items as set forth within the aforesaid referred Developers Agreement. Said aggregate amount shall be available to the city of Albertville upon presentment of a draft or drafts signed by the officially designated officials acting in behalf of the City of Albertville upon presentment of a draft or drafts signed by the officially designated officials acting in behalf of the City of Albertville and accompanied by the City's statement stating that John F. Darkenwald and George W. Yankoupe have defaulted in the performance of anyone or more of its obligations to the City of Albertville and it shall be accompanied by a copy of this Letter of Credit. The draft shall bear on its fact the clause "Drawn Under Letter of Credit No. 23341(C) dated June 1, 1992 and be presented for paYment during the normal business hours of this institution at any time from the date hereof OFFICES: Albertville: 5882 Main Street Northeast, Albertville, Minnesota 55301, (612) 497-3525. Maple Grove: 13370 Grove Drive, Maple Grove, Minnesota 55369, (612) 420-3039 - (e Ie City of Albertville Letter of Credit #23341(C) June 1, 1992 Page 2 until the undertakings within said Developers Agreement are fully complete or the date of expiration of this Letter of Credit or subsequent Letters of Credit issued pursuant to the terms herein, which occurs first. Should the Developer fail to comply with all of the terms and conditions of said Developers Agreement relating to said escrow items, City may draw, if drawn prior to its expiration, the entire aggregate amount of this Letter of Credit. It is our intention and agreement herein that upon the e~iration date of this Letter of Credit that until all of the terms and conditions of said Developers Agreement are fully satisfied, a new and continuing Letter of Credit and subsequent new Letters of credit, as are necessary, will be issued to the City of Albertville in a like amount and under the same terms and conditions (with exception of the expiration date). Should we elect, however, for any reason not to issue such a new Letter of Credit upon expiration of this or a subsequently issued Letter of Credit, we will notify the City of Albertville of that decision thirty (30) days prior to the expiration date thereof. Said notifications shall be sent by registered mail addressed to the City Clerk of the City of Albertville, P.o. Box 131, Albertville, Minnesota 55301. Upon receipt of such notice, the City of Albertville shall be entitled to draw at site, by presentment of a draft or drafts prior to the date of expiration of the Letter of Credit, pursuant to the terms hereof, up to the full aggregate amount as set forth herein. A failure to deliver a notice of intent not to issue a new Letter of Credit pursuant to the terms hereof to the City of Albertville shall be deemed to automatically be a reissuance or extension of this instrument in all terms and conditions for a period of one (1) year. In the event of a withdrawal of all or a portion of the aggregate funds referred to herein, it is understood that the city of Albertville shall use such funds solely for the purpose of meeting the Developer's obligation pursuant to the aforesaid referred Developers Agreement. Any excess funds drawn by the City to meet the Developer's obligations of the said Developers Agreement, shall be returned to this institution after the total fulfillment of the Developer's obligations as set forth in the said Developers Agreement. We further represent to you that all drafts drawn under and in compliance with the terms of this Letter of Credit will be duly honored on or before the expiration date of the first day of June, 1993 or any subsequent expiration date of an automatically renewed or subsequently issued Letter of Credit as referred to herein. We confirm this instrument and any subsequently issued instruments as Irrevocable Letters of Credit and thereby undertake that all drafts drawn or negotiated as above specified will be duly honored by us. We further confirm to you that this instrument is issued in ,lie e Albertville Letters of Credit #23341(C) June 1, 1992 Page 3 accordance with the International Chamber of Commerce Brochure No.400. Your rights under this Letter of Credit are not assignable or otherwise transferable. Sincerely, (~e~-It. ~c"",o;l(t Gerald A. Manville Sr. vice President GAM/ce e ,,; BAN( \'1111I11111 NORTHW=ST / ~ n.lt-'t - ~. "J.. S \ 0 <:>c \. {\ rr(j~ocp fJ-vcl,\ \ I 701 Central Avenue E. St. Michael. Minnesota 55376 (612) 497-2131 FAX (612) 497-4353 City of Albertville P.o. Box 131 Albertville, MN 55301 Attn: City Administrator Re: Letter of Credit #23341(C) Expiration Date: June 1, 1993 Issue Date: June 1, 1992 Replaces Letter of Credit #23341 issued April 20, 1988 in the amount of $28,600 and revised letter #23341(B) issued October 21, 1991 in the amount of $20,000 Amount: $8,100.00 Gentlemen: At the request of John F. Darkenwald and George W. Yankoupe, and in accordance with all applicable banking laws and regulations, we authorize the city of Albertville to draw upon Security Bank Northwest, a licensed and qualified banking or savings and loan association in the state of Minnesota, up to an aggregate amount of $8,100.00. It is understood that Security Bank Northwest has agreed to provide this Letter of Credit as a surety to guarantee that all of the terms and conditions relating to the escrow items of the Developers Agreement for westwind Addition (First Phase) dated April 22, 1988, which is attached hereto and incorporated herein by reference as Exhibit "A" are performed by the Developer pursuant to the terms thereof. This Letter of Credit is intended to be an Irrevocable Letter of Credit signifying to the City of Albertville that the banking or savings and loan association named herein has pledged to the City the paYment of up to the aggregate amount set forth herein upon there being any default by the Developer or any of the conditions relating to the escrow items as set forth within the aforesaid referred Developers Agreement. Said aggregate amount shall be available to the City of Albertville upon presentment of a draft or drafts signed by the officially designated officials acting in behalf of the city of Albertville upon presentment of a draft or drafts signed by the officially designated officials acting in behalf of the city of Albertville and accompanied by the city's statement stating that John F. Darkenwald and George,W. Yankoupe have defaulted in the performance of anyone or more of its obligations to the city of Albertville and it shall be accompanied by a copy of this Letter of Credit. The draft shall bear on its fact the clause "Drawn Under Letter of Credit No. 23341(C) dated June 1, 1992 and be presented for payment during the normal business hours of this institution at any time from the date hereof OFFICES: Albertville: 5882 Main Street Northeast, Albertville, Minnesota 55301, (612) 497-3525. Maple Grove: 13370 Grove Drive, Maple Grove. Minnesota 55369, (612) 420-3039 e e City of Albertville Letter of Credit #23341(C) June 1, 1992 Page 2 until the undertakings within said Developers Agreement are fully complete or the date of expiration of this Letter of Creditor subsequent Letters of Credit issued pursuant to the terms herein, which occurs first. Should the Developer fail to comply with all of the terms and conditions of said Developers Agreement relating to said escrow items, City may draw, if drawn prior to its expiration, the entire aggregate amount of this Letter of Credit. It is our intention and agreement herein that upon the expiration date of this Letter of Credit that until all of the terms and conditions of said Developers Agreement are fully satisfied, a new and continuing Letter of Credit and subsequent new Letters of Credit, as are necessary, will be issued to the City of Albertville in a like amount and under the same terms and conditions (with exception of the expiration date). Should we elect, however, for any reason not to issue such a new Letter of Credit upon expiration of this or a subsequently issued Letter of Credit, we will notify the City of Albertville of that decision thirty (30) days prior to the expiration date thereof. Said notifications shall be sent. by registered mail addressed to the city Clerk of the city of . Albertville, P.o. Box 131, Albertville, Minnesota 55301. Upon receipt of such notice, the City of Albertville shall be entitled to draw at site, by presentment of a draft or drafts prior to the date of expiration of the Letter of Credit, pursuant to the terms hereof, up to the full aggregate amount as set forth herein. A failure to deliver a notice of intent not to issue a new Letter of Credit pursuant to the terms hereof to the City of Albertville shall be deemed to automatically be a reissuance or extension of this instrument in all terms and conditions for a period of one (1) year. In the event of a withdrawal of all or a portion of the aggregate funds referred to herein, it is understood that the city of Albertville shall use such funds solely for the purpose of meeting the Developer's obligation pursuant to the aforesaid referred Developers Agreement. Any excess funds drawn by the city to meet the Developer's obligations of the said Developers Agreement, shall be returned to this institution after the total fulfillment of the Developer's obligations as set forth in the said Developers Agreement. We further represent to you that all drafts drawn under and in compliance with the terms of this Letter of Credit will be duly honored on or before the expiration date of the first day of June, 1993 or any subsequent expiration date of an automatically renewed or subsequently issued Letter of Credit as referred to herein. We confirm this instrument and any subsequently issued instruments as Irrevocable Letters of Credit and thereby undertake that all drafts drawn or negotiated as above specified will be duly honored by us. We further conf irm to you that this instrument is issued in e e Albertville Letters of Credit #23341(C) June 1, 1992 Page 3 accordance with the International Chamber of Commerce Brochure No.400. Your rights under this Letter of Credit are not assignable or otherwise transferable. Sincerely, \J 0 \D Gerald A. Manville Sr. Vice President GAM/ce . e ? BAN( \'lIlIlIllll NORTHW=ST - ~ f7 J- t- " \0.tJ'~ ,_." 'Jf\S~~O~O?~ fll( ~0 , l 0 -r~ . \ 701 Central Avenue E. St. Michael. Minnesota 55376 (612)497-2131 FAX (612) 497-4353 City of Albertville P.o. Box 131 Albertville, MN 55301 . \ Attn: City Administrator Re: Letter of Credit #23341(C) Expiration Date: June 1, 1993 Amount: $8,100.00 Issue Date: June l, 1992 Replaces Letter of Credit #23341 issued April 20, 1988 in the amount of $28,600 and revised letter #23341(B) issued October 21, 1991 in the amount of $20,000 Gentlemen: At the request of John F. Darkenwald and George w. Yankoupe, and in accordance with all applicable banking laws and regulations, we authorize the city of Albertville to draw upon Security Bank Northwest, a licensed and qualified banking or savings and loan association in the state of Minnesota, up to an aggregate amount of $8,100.00. It is understood that Security Bank Northwest has agreed to provide this Letter of Credit as a surety to guarantee that all of the terms and conditions relating to the escrow items of the Developers Agreement for Westwind Addition (First Phase) dated April 22, 1988, which is attached hereto and incorporated herein by reference as Exhibit "A" are performed by the Developer pursuant to the terms thereof. This Letter of Credit is intended to be an Irrevocable Letter of Credit signifying to the City of Albertville that the banking or savings and loan association named herein has pledged to the City the paYment of up to the aggregate amount set forth herein upon there being any default by the Developer or any of the conditions relating to the escrow items as set forth within the aforesaid referred Developers Agreement. Said aggregate amount shall be available to the City of Albertville upon presentment of a draft or drafts signed by the officially designated officials acting in behalf of the city of Albertville upon presentment of a draft or drafts signed by the officially designated officials acting in behalf of the city of Albertville and accompanied by the city's statement stating that John F. Darkenwald and George ,We Yankoupe have defaulted in the performance of anyone or more of its obligations to the city of Albertville and it shall be accompanied by a copy of this Letter of Credit. The draft shall bear on its fact the clause "Drawn Under Letter of Credit No. 23341(C) dated June 1, 1992 and be presented for paYment during the normal business hours of this institution at any time from the date hereof OFFICES: Albertville: 5882 Main Street Northeast. Albertville, Minnesota 55301, (612) 497-35250 Maple Grove: 13370 Grove Drive, Maple Grove, Minnesota 55369, (612) 420-3039 # e e city of Albertville Letter of Credit #23341(C) June 1, 1992 Page 2 until the undertakings within said Developers Agreement are fully complete or the date of expiration of this Letter of Credit or subsequent Letters of Credit issued pursuant to the terms herein, which occurs first. Should the Developer fail to comply with all of the terms and conditions of said Developers Agreement relating to said escrow items, city may draw, if drawn prior to its expiration, the entire aggregate amount of this Letter of Credit. It is our intention and agreement herein that upon the expiration date of this Letter of Credit that until all of the terms and conditions of said Developers Agreement are fully satisfied, a new and continuing Letter of Credit and subsequent new Letters of Credit, as are necessary, will be issued to the City of Albertville in a like amount and under the same terms and conditions (with exception of the expiration date). Should we elect, however, for any reason not to issue such a new Letter of Credit upon expiration of this or a subsequently issued Letter of Credit, we will notify the City of Albertville of that decision thirty (30) days prior to the expiration date thereof. Said notifications shall be sent. by registered mail addressed to the City Clerk of the City of . Albertville, P.o. Box 131, Albertville, Minnesota 55301. Upon receipt of such notice, the City of Albertville shall be entitled to draw at site, by presentment of a draft or drafts prior to the date of expiration of the Letter of Credit, pursuant to the terms hereof, up to the full aggregate amount as set forth herein. A failure to deliver a notice of intent not to issue a new Letter of Credit pursuant to the terms hereof to the City of Albertville shall be deemed to automatically be a reissuance or extension of this instrument in all terms and conditions for a period of one (1) year. In the event of a withdrawal of all or a portion of the aggregate funds referred to herein, it is understood that the City of Albertville shall use such funds solely for the purpose of meeting the Developer's obligation pursuant to the aforesaid referred Developers Agreement. Any excess funds drawn by the City to meet the Developer's obligations of the said Developers Agreement, shall be returned to this institution after the total fulfillment of the Developer's obligations as set forth in the said Developers Agreement. ~; We further represent to you that all drafts drawn under and in compliance with the terms of this Letter of Credit will be duly honored on or before the expiration date of the first day of June, 1993 or any subsequent expiration date of an automatically renewed or subsequently issued Letter of Credit as referred to herein. We confirm this instrument and any subsequently issued instruments as Irrevocable Letters of Credit and thereby undertake that all drafts drawn or negotiated as above specified will be duly honored by us. We further conf irm to you that this instrument is issued in # e e Albertville Letters of Credit #23341(C) June 1, 1992 Page 3 accordance with the International Chamber of Commerce Brochure No.400. Your rights under this Letter of Credit are not assignable or otherwise transferable. Sincerely, \J 0 \<D Gerald A. Manville Sr. Vice President GAM/ce