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I <br /> <br />Duluth -West <br /> <br />First Bank (N.A.)- Dululh-Wesl <br /> <br /> 2000 West Superior Street <br /> I Duluth, Minnesota 55B06 '% ~t~ · <br /> <br />' <br /> <br /> ~he: Deemer, Benjamin <br /> <br /> Gentlemen: <br /> <br />  We hereby establish our inrevoca~le le~er of cre n your favor and <br /> authorize you ~o draw on us up ~o an aggregate ~oun~ of ~17,700.00 <br /> ~vailable by your draf~ at sigh~ accompanied by your written certifica- <br /> tion ~h~ ~he above named developer has failed ~o install ~hose certain <br /> <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />! <br />I <br />I <br />I <br /> <br />required public improvements listed below and that the City has constructed <br />said improvements and that you have incurred a liability or that a situa- <br />tion exists under which in your sole judgment claim may be made for loss, <br />cost or expens~ and that monies represented by your draft are required <br />in your descretion for your protection and for the payment of the cost of <br />construction. The City will notify us twenty (20) days prior to this <br />request for payment that the funds are in fact due and payable. <br /> <br />We engage with you that all drafts drawn under and in compliance with the <br />terms of this credit will be duly honored by us as specified if presented <br />at this office. Upon receipt from you of such notice, you draw on us <br />hereunder by means of your draft on us at sight for the full amount of this <br />letter of credit accompanied by your written certification that you have <br />not been released from liability and that the proceeds of your draft will <br />be applied by you to satisfy any loss, cost, claim or expense which may be <br />incurred by you, if any, as a result of the construction of those certain <br />improvements listed below. <br /> <br />Your acceptance of this credit will constitute your agreement'to repay to <br />us any funds paid by us to you hereunder and not used by yoQ in satisfac- <br />tion of or reimbursement of any loss, cost, claim or expense bf any nature <br />whatsoever incurred by you on account of such undertakings or agreements <br />of indemnity as aforesaid. <br /> <br />This irrevocable letter of credit is given for the following improvement <br />in accordance with Minnesota Statute 462.358: <br /> <br />Completion of Streets and boulevard seeding in Pondvale Estates <br /> <br />Except so far as otherwise expressly stated, this credit is subject to the <br />uniform customs and practices for commercial documentary credits fixed by <br />the International Chamber of Commerce at the date of this letLer. The term: <br />of this letter shall be for one year and shall be automatically renewed for <br />a period of one year, unless cancelled. Cancellation can only occur by <br />giving 30 days written notice prior to the expiration of any one year <br /> <br /> <br />