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Letter of Credit -. . Department of Finance & Administration fOffice of City Clerk Lieu Ann Nicola, City Clerk 300 West Ash Street, Suite 206 P.O. Box 736 Salina, Kansas 67402-0736 Salina P~)edq4-gqz., TELEPHONE (785) 309-5735 FAX (785) 309-5738 TDD (785) 309-5747 e-mail: lieuann. nicola@salina.org Website: www.ci.salina.ks.us ~ . l August 13, 2003 Mr. Larry Fief Bank of Tescott P.O. Box 2537 Salina, KS 67402-2537 RE: Letter of Credit No. 9A Dear Mr. Fief: Please consider this letter your release from the Irrevocable Letter of Credit issued for Golden Eagle Estates Public Improvements in the amount of $84,656.02. The Engineering and General Services Department of the City of Salina has determined that Golden Eagle Estates has met the requirements needed to release this letter of credit. If you have any questions, please contact me. Sincerely, Lieu Ann Nicola City Clerk Enclosure: Original Irrevocable Letter of Credit cc: Brad Johnson, Civil Engineer .. . '-. .. IRREVOCABLE LETTER OF CREDIT Date: F'ph )S. 1 qq4 No. 9A Advising bank reference no. Advising bank: The Bank of Tescott 600 S. Santa Fe Salina, KS 67401 To beneficiary: For account of: Golden Eagle Estates Public Improvements Amount: $ 84,65fi.07. City of Salina 300 W. Ash Salina, KS 67401 Expiration date: Feb. 7.5. 1999 Gentlemen: We hereby establish our irrevocable letter of credit in your favor available by payment for your drafts drawn at sight on and accompanied by a statement signed by an authorized representative of the City of Salina certifying that the amount of the draft presented therewith constitutes a penalty for nonpayment of special assessments covering the installation of the following described improvements in the City of Salina, Kansas: (Project No. 94-892 Said special assessments having been properties listed by legal description: Lots Thirty-two (32) and Thirty-three (33), Block (4), Block Six (6), Golden Eagle Estates, to Special Conditions: levied against the following described One (1) through Nineteen (19), and Lots Five (5), and Lots One (1) through Four the City of Salina, Saline County, Kansas. Partial drawings are permitted. This original letter of credit must be presented with any drafts drawn hereunder and the amount available shall be reduced by the amount of any drafts drawn not exceeding in the aggregate a total of $ R4 fiSfi n? Notwithstanding the expiration date noted above, it is understood that this letter of credit shall be automatically renewed for additional two-year periods unless we notify you in writing at least sixty (60) days prior to the then relevant expiration date that it will not be renewed at which time you may draw up to the full amount of the credit available at that time. Upon development (issuance of occupancy permits by the City of Salina) of 35 percent of the above-described properties, the City of Salina will, by written instruction, authorize the release of this letter of credit. Drafts drawn hereunder must be marked "Drawn under '['hp Rrmk or 'l'p~rot1- Authorizing Institution Letter of Credit No. 9A , dated F'eb )5. 1 gg4 " Advising bank's notification The Bank of Tescott 600 S. Santa Fe Salina, KS 67401 We hereby engage with you that all drafts drawn under and in comnliance with the terms of this credit will be ditly honored if drawn and presented for payment at this office on or before the expiration date of this credit. Sincerely yours, Place, date, name and signature of the advising bank. .. Nicola, Lieu Ann From: Sent: To: Subject: Johnson, Bradley Wednesday, August 13, 2003 8:05 AM Nicola, Lieu Ann RE: Golden Eagle Estates Project No. 94-892 Not a problem Lieu Ann. You can release. Over 90% developed with C.O.'s. Please let me know if you need anything else. Thanks. Brad -----Original Message----- From: Nicola, Lieu Ann Sent: Monday, August 11, 20032:56 PM To: Johnson, Bradley Subject: Golden Eagle Estates Project No. 94-892 The letter of credit for the Golden Eagle Estates Public Improvements Project (94-892) has never been released. Can I do so? Lieu Ann Nicola, City Clerk City of Salina 1