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HomeMy WebLinkAboutLOCIrrevocable Standby Letter Of Credit Number: IS000042107U Issue Date: May 21, 2018 BENEFICIARY APPLICANT CITY OF ORONO 2750 KELLEY PARKWAY ORONO, MINNESOTA 55356 LETTER OF CREDIT ISSUE AMOUNT LADIES AND GENTLEMEN: Wells Fargo Hank, N.A. U.S. Trade Services St.u]dbv betters of Credit 794 I),')\ is StiVet, :?n(t I�l�xir San 1,0:111rlr(), C'.l 94577-69— F'h�mc: l(8OO) 776-3802 0I)tio n shl(•-n(1Nyw Nvcllsfargo�.con-1 DAMES R JUNDT 42486 N 109TH PLACE SCOTTSDALE, ARIZONA 85262 USD 1,009,327.50 EXPIRY DATE NOVEMBER 30, 2018 WE HEREBY ISSUE, FOR THE ACCOUNT OF JAMES R JUNDT AND IN YOUR FAVOR, OUR IRREVOCABLE LETTER OF CREDIT IN THE AMOUNT OF $1,009,327.50, AVAILABLE TO YOU BY YOUR DRAFT DRAWN AT SIGHT ON THE UNDERSIGNED BANK. THE DRAFT MUST: A) BEAR THE CLAUSE, "DRAWN UNDER LETTER OF CREDIT NO. IS000042107U DATED MAY 21, 2018 OF WELLS FARGO BANK, N.A.; B) BE ACCOMPANIED BY AN AFFIDAVIT SIGNED BY THE MAYOR OR CITY ADMINISTRATOR OF THE CITY OF ORONO CERTIFYING THAT JAMES R JUNDT IS IN DEFAULT OF THE DEVELOPMENT CONTRACT WITH THE CITY OF ORONO AND THAT FIVE (5) BUSINESS DAYS PRIOR WRITTEN NOTICE HAS BEEN GIVEN BY THE CITY TO THE DEVELOPER WITH RESPECT TO THE EXISTENCE OF SUCH DEFAULT, AND SUCH DEFAULT HAS NOT BEEN CURED. C) BE PRESENTED FOR PAYMENT AT WELLS FARGO BANK, N.A. 794 DAVIS STREET, 2ND FLOOR SAN LEANDRO, CA 94577-6922 ON OR BEFORE 4:00 P.M. ON NOVEMBER 30, 2018. THIS LETTER OF CREDIT SHALL AUTOMATICALLY RENEW FOR SUCCESSIVE ONE-YEAR TERMS UNLESS, AT LEAST FORTY-FIVE (45) CALENDAR DAYS PRIOR TO THE NEXT ANNUAL RENEWAL DATE WHICH SHALL BE NOVEMBER 30 OF EACH YEAR, THE BANK DELIVERS WRITTEN NOTICE TO THE CITY OF ORONO ADMINISTRATOR THAT IT INTENDS TO MODIFY THE TERMS OF, OR CANCEL, THIS LETTER OF CREDIT. WRITTEN NOTICE IS EFFECTIVE IF SENT BY CERTIFIED MAIL, POSTAGE PREPAID, AND DEPOSITED IN THE U.S. MAIL, AT LEAST FORTY-FIVE (45) DAYS PRIOR TO THE NEXT ANNUAL RENEWAL DATE ADDRESSED AS FOLLOWS: CITY OF ORONO ADMINISTRATOR, ORONO CITY HALL, 2750 KELLEY PARKWAY, ORONO,Together we'll go far -�r .T Page 1 of 2 Each page of this document is an integral part of this Irrevocable Standby Letter of Credit Number IS000042107U MINNESOTA 55356, AND IS ACTUALLY RECEIVED BY THE CITY ADMINISTRATOR AT LEAST THIRTY (30) DAYS PRIOR TO THE RENEWAL DATE. THIS LETTER OF CREDIT SETS FORTH IN FULL OUR UNDERSTANDING WHICH SHALL NOT IN ANY WAY BE MODIFIED, AMENDED, AMPLIFIED, OR LIMITED BY REFERENCE TO ANY DOCUMENT, INSTRUMENT, OR AGREEMENT, WHETHER OR NOT REFERRED TO HEREIN. THIS LETTER OF CREDIT IS NOT ASSIGNABLE. THIS IS NOT A NOTATION LETTER OF CREDIT, MORE THAN ONE DRAW MAY BE MADE UNDER THIS LETTER OF CREDIT. THIS LETTER OF CREDIT SHALL BE GOVERNED BY THE MOST RECENT REVISION OF THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS, INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 600. THIS AGREEMENT SHALL BE CONSTRUED AND INTERPRETED UNDER MINNESOTA LAW. WE HEREBY AGREE THAT A DRAFT DRAWN UNDER AND IN COMPLIANCE WITH THIS LETTER OF CREDIT SHALL BE DULY HONORED UPON PRESENTATION. Very Truly Yours, WELLS FARGO BANK, N.A. v.y By: Authorized Signature The original of the Letter of Credit contains an embossed seal over the Authorized Signature. Please direct any written correspondence or inquiries regarding this Letter of Credit, always quoting our reference number, to Wells Fargo Bank, National Association, Attn: U.S. Standby Trade Services at either 794 Davis Street, 2nd Floor MAC A0283-023, San Leandro, CA 94577-6922 or 401 N. Research Pkwy, 1 st Floor MAC D4004-017, WINSTON-SALEM, NC 27101-4157 Phone inquiries regarding this credit should be directed to our Standby Customer Connection Professionals 1-800-776-3862 Option 2 1-800-776-3862 Option 2 (Hours of Operation: 8:00 a.m. PT to 5:00 p.m. PT) (Hours of Operation: 8:00 a.m. EST to 5:00 p.m. EST) Together we'll go far Page 2 of 2 Each page of this multipage document is an integral part of this Irrevocable Standby Letter of Credit Number IS000042107U