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HomeMy WebLinkAboutMEP2003-00008 - MEP Letters / Memos - 12/17/2004 bank. a `33 - oO - G � Five Star Service Giuraotad U.S.BANK NATIONAL ASSOCIATION INTERNATIONAL DEPARTMENT 1420 FIFTH AVENUE,9TH FLOOR SEATTLE,WA 98101 U.S.A. PHONE:206-344-2398 FAX :206-344-5365 IRREVOCABLE STANDBY LETTER OF CREDIT DECEMBER 17,2004 -------------------------------------------------------------------------------------------------------------------------------- BENEFICIARY: APPLICANT: MASON COUNTY PORT ORCHARD SAND&GRAVEL CO. DEPARTMENT OF DEVELOPMENT PO BOX 130 PLANNING DIVISION AUBURN,WA 98273 PO BOX 279 SHELTON,WA 98584 RICK MRZA 360427-9670 EXT.577 ------------------------------------------- LETTER OF CREDIT NUMBER: SLCSSEA01990 ------------------------------------------ EXPIRY DATE: DECEMBER 17,2005 AT:OUR COUNTERS PRESENTLY LOCATED AT 1420 FIFTH AVENUE,9TH FLOOR, INTERNATIONAL DEPARTMENT,SEATTLE,WA,98101 ON OR BEFORE 5:00 P.M. ------------------------------------------- AMOUNT US$20,000.00 NOT EXCEEDING TWENTY THOUSAND AND NO/100 U.S.DOLLARS WE HEREBY ISSUE THIS IRREVOCABLE STANDBY LETTER OF CREDIT AVAILABLE BY YOUR DRAFT(S)DRAWN AT SIGHT ON U.S.BANK NATIONAL ASSOCIATION AND ACCOMPANIED BY THE FOLLOWING DOCUMENTS: 1. BENEFICIARY'S SIGNED CERTIFICATION STATING AS FOLLOWS: "WE CERTIFY THAT THE APPLICANT IS IN DEFAULT OF THEIR OBLIGATIONS TO MASON COUNTY IN REGARDS TO THEIR MASON COUNTY CONDITIONAL EVIROMENTAL PERMIT NO. MEP2003-00008 KNOWN AS McEWAN PRAIRIE SURFACE MINE." 2. THE ORIGINAL OF THIS LETTER OF CREDIT,INCLUDING ANY AMENDMENTS. ADDITIONAL CONDITIONS: 1. IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE AUTOMATICALLY EXTENDED,WITHOUT AMENDMENT,FOR AN ADDITIONAL PERIOD OF ONE YEAR FROM THE PRESENT EXPIRATION DATE OR EACH FUTURE EXPIRATION DATE,UNLESS WE HAVE NOTIFIED YOU IN WRITING NOT LESS THAN SIXTY(60)DAYS BEFORE SUCH EXPIRATION DATE,THAT WE ELECT NOT TO RENEW THIS LETTER OF CREDIT.ALL WRITTEN NOTIFICATION SHALL BE SENT VIA COURIER. UPON RECEIPT BY YOU OF SUCH NOTICE YOU MAY DRAW HEREUNDER BY YOUR DRAFT AT SIGHT,DRAWN ON US,ACCOMPANIED BY THIS PAGE 1 FORMS AN INTEGRAL PART OF LETTER OF CREDIT NO. SLCSSEA01990 bank. 7 ' Five Star Savior Guaranteed C�) YOUR SIGNED STATEMENT CERTIFYING THAT ACCOUNTEE'S LIABILITY TO YOU HAS NOT BEEN DISCHARGED. DRAFTS DRAWN UNDER THIS CREDIT MUST BEAR THE CLAUSE. "D RAWN UNDER U.S. BANK NATIONAL ASSOCIATION IRREVOCABLE STANDBY LETTER OF CREDIT NO. SLCSSEA01990." WE HEREBY ENGAGE WITH YOU THAT DRAFT(S)DRAWN AND/OR DOCUMENTS PRESENTED UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS IRREVOCABLE STANDBY LETTER OF CREDIT WILL BE DULY HONORED UPON PRESENTATION TO US U.S.BANK NATIONAL ASSOCIATION INTERNATIONAL BANKING DIVISION -VAUTHI&ZED SIGNATURE Janet Joireman Letter of Credit Officer THIS PAGE 2 FORMS AN INTEGRAL PART OF LETTER OF CREDIT NO. SLCSSEA01990