HomeMy WebLinkAbout2005-04-22 Lake Elmo Bank LOC #436LAKE ELMO BANK
nranoIriox OF SERVICE
To: City of oak Park Heights
14168 oak Park Blvd. North
Oak Park Heights, MN 55082
Gentlemen/Madam:
IRREVOCABLE LETTER OF
CREDIT NUMBER 436
Date: April 22, 2005
We hereby establish our Irrevocable Letter of Credit in your favor at the request of and
for the account of Fox Hollow East,_LLC (hereinafter called: "Principal " ), in the aggregate
amount of Four Hundred Eff one Thousand. one Hundred Six 'Three and 00 /100
($45 1, 163.00) available upon surrender o this Letter of Credit to us accompanied. by _our .s ht
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draft(s) drawn on us and the following documents:
1 } A certificate signed by an officer of City of oak Park He stating that there.
exists a basis for presentation of a draw under the Develo er's A reement. 1
T ze
certificate shall also state:
a. the nature of the basis for presentation of the draw;
b. that Principal has received notice of the basis for presentation in
accordance with the Developer's Agreement, but has not cured the basis
for presentation;
c. the amount to be paid to Cif flak. Park ,He��hts;
d. the amount to be retained as security under the Letter of Credit.
All drafts so drawn must be marked " Drawn Under Irrevocable Letter of Credit Number
436."
The above-mentioned Letter of Credit is non - transferable and non - assignable.
We engage with you that all drafts drawn under and in compliance with the terms of this
Irrevocable Letter of Credit will be duly honored if presented during regular business hours at our
main office located at 11465 3 9th Street North, Lake Elmo, Minnesota 55042, before 3 :00 P.m,
CST on or before .April 22, 2006. This Letter of Credit scheduled to expire on A ril 22 2006
will be automatically renewed for 12 months unless the Citv . of calk Park Heights is notified in
writing Lo days prior to the scheduled expiration.
Fetter of Credit 436
April 22, 2005
Page Two
Communications relative to this Irrevocable Letter of Credit should be addressed to the
address specified above and to the attention of "Financial Officer ", mentioning specifically our
Irrevocable Fetter of Credit No, 436.
This Letter of Credit shall be governed by and construed in accordance with the laws of
the State of Minnesota, including the Uniform Commercial Code in effect in said state.
Except as otherwise stated herein, this Irrevocable Letter of Credit is subject to the
Uniform Customs and Practice for Documentary Credits (1 993 revision), International Chamber
of Commerce Publication No. 500.
LAKE ELMO BANK
B (
Its; Dean W. Anderson, vice President
Letter of Credit -- Auto Renewal v 0 4105