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LAKE <br /> COMMUNITY Better Together. <br /> BANK Continuous Banking Since 1905 <br /> IRREVOCABLE LETTER OF CREDIT <br /> No.54296 <br /> Date:October 4,20.16 <br /> TO: City of Orono <br /> 2750 Kelley Parkway <br /> Orono,Minnesota 55356 <br /> Dear Sir or Madam: <br /> We hereby issue, for the account of Crystal Cifl;LLC and in your favor,our Irrevocable Letter of Credit in <br /> the amount of$400,347.00,available to you by you7r draft drawn on sight on the undersigned bank. <br /> The draft must: <br /> a) Bear the clause, 'Drawn under Letter of Credit No. 54296, dated October 4, 2016, of Lake Community <br /> Bank". <br /> b)Be accompanied by an affidavit signed by the Mayor or City Administrator of the City of Orono certifying <br /> that Crystal Cliff LLC is in default of the Development Contract with the City of Orono and that five(5)business days <br /> prior written notice has been given by the City to the Developer with respect to the existence of such default,and such <br /> default has not been cured. <br /> c) Be presented for payment at 1964 West Wayzata Boulevard,Long Lake,Minnesota 55356 on or before <br /> 4:00 p.m.on November 30,2017. <br /> This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45) <br /> days prior to the next annual renewal date(which shall be November 30 of each year),the Bank delivers written notice <br /> to the Orono City Administrator that it intends to modify the terms of,or cancel,this Letter of Credit.Written notice is <br /> effective if sent by certified mail,postage prepaid,and deposited in the U.S.Mail,at least forty-five(45)days prior to <br /> the next annual renewal date addressed as follows: Orono City Administrator,Orono City Hall,2750 Kelley Parkway, <br /> Orono, Minnesota 55356, and is actually received by the City Administrator at least thirty (30) days prior to the <br /> renewal date. <br /> This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, <br /> amplified, or limited by reference to any document,'instrument, or agreement, whether or not referred to herein. This <br /> Letter of Credit is not assignable.This is not a Notation Letter of Credit.More than one draw may be made under this <br /> Letter of Credit. <br /> This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for <br /> Documentary Credits, International Chamber of Commerce Publication No. 600. This agreement shall be construed <br /> and interpreted under Minnesota Law. <br /> We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored <br /> upon presentation. <br /> I' <br /> Loea <br /> NOWER <br /> www.Icbankmn.com a 1964 West Wayzata Boulevard, Long Lake, MN 55356 0 (P) 952.473.7347 FDIC <br />