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20220923105208857Hiawatha National Bank 2212 Crest View Dr PO Box 147 Hudson WI 54016 Phone715-377-9919 IRREVOCABLE STANDBY LETTER OF CREDIT Amount: $270,257.00 No. 1 To: Administrator Date:8/04/22 Riley -Purgatory -Bluff Creek Watershed District 18681 Lake Drive East Chanhassen, MN 55317 WE HEREBY AUTHORIZE YOU TO VALUE ON Hiawatha National Bank DRAFTS AT SIGHT FOR ANY SUM OR SUMS NOT EXCEEDING A TOTAL OF Two hundred seventy thousand two hundred fifty seven dollars $270,257.00 FOR THE ACCOUNT OF MVK Capital /Dario Klasic This Letter of Credit shall be valid until 08/04/23 and shall be automatically extended for successive one- year periods on the expiry date and each anniversary thereof, and not otherwise modified, unless at least thirty (30) days prior to any such expiry date or anniversary thereof, or effective date of modification, we notify you in writing by certified mail, return receipt, delivered to Riley -Purgatory -Bluff Creek Watershed District, 18681 Lake Drive East, Chanhassen, MN 55317, Attn: administrator, and to Riley - Purgatory -Bluff Creek Watershed District c/o Smith Partners, 250 Marquette Avenue South, Suite 250, Minneapolis, MN 55401, that we intend to cancel or modify this Letter of Credit. Until the effective date of cancellation or modification, and thereafter as the modified Letter of Credit may provide, you may draw hereunder by your drafts, drawn at sight on us and accompanied by a statement signed by your administrator or one of your officers or attorneys in fact to the effect that Dario Klasic has failed to execute the work set forth and/or authorized in Riley -Purgatory -Bluff Creek Watershed District permit no. 2022-046 in compliance with the specifications, requirements or conditions of the permit and District rules as of that date. Further, the draft shall state the amount of the requested draw written in both English words and Arabic numbers, which shall not exceed the face amount hereof, as set forth above. Except as otherwise expressly stated, this letter of credit is subject to the International Standby Practices, International Chamber of Commerce Publication No. 590, and as to matters not governed thereby shall be construed and enforced in accordance with the laws of the State of Minnesota. The drafts drawn under this letter of credit are to be endorsed hereunder and must bear the clause: "Drawn under the Hiawatha National Bank # Ol date 08/04/22" We hereby agree with the drawers, endorsers and bona fide holders of drags drawn under and in compliance with the terms of this letter of credit that the same shall be duly honored on presentation if drawn and negotiated on or before 08/04/23 or the successive one-year anniversary of that date or as otherwise modified in accordance with the amendment provision above. This Letter of Credit is Hiawatha National Bank individual obligation and not contingent on any reimbursement thereto. RPBCWD TEMPLATE-LOC 1 of 2 02-IS RPBCWD TEMPLATE-LOC 2 of 2 02-15