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HomeMy WebLinkAboutRESOLUTION - 43-96 - 8/13/1996 - LOC AMEND EXPIRATION DATERESOLUTION NO. 43-96 A RESOLUTION AMENDING THE EXPIRATION DATE OF IRREVOCABLE LETTER OF CREDIT NO. 00373154 (ACCEPTED BY RES. NO. 76-84, AMENDED BY RES. NO. 50-91, RES. NO. 65-93 AND RES.64-95) FROM FIRST CHICAGO BANK IN THE AMOUNT OF $10,000.00 TO INSURE FAITHFUL PERFORMANCE BY GRANTEE, CONTINENTAL CABLEVISICN OF NORTHERN COOK COUNTY EXPIRING March 22, 1997 NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and Dupage, State of Illinois: Section 1: That the President and Board of Trustees do hereby authorize the acceptance of an amen-:Inent to the expiration date of Irrevocable Letter of Credit No. 00373154 from First Chicago Bank, in the amount of $10,000.00 previously accepted by Resolution No. 76-84 and amended by Resolution No. 50-91, Resolution No. 65-93 and Resolution No. 64-95 to insure the faithful perfomnence by grantee, Continental Cablevision of Northern Cook County, of all provisions of the franchise agreement. Said Letter of Credit expiring March 22,1997. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 5 NAYS: 0 ABSENT: 0 PASSED this 13th day of August , 1996. APPROVED this 13th day of Aueust , 1996. James P. Petri Village President Pro tem WUNOW Patricia S. Smith Village Clerk OFIRSPCHICAGO TPADE FINANCE The First National Bank of Chicago ONE NORTH DEARBG . - 9TH FLOOR, MAIL SUITE 0812 CHICAGO, ILLINOIS 60670-0812 U.S.A. Telex: TRT 190201 FNBC UT Swift Address: FNBCUS44 ITT 4330253 FNBCUI FAX: (312) 407-1065 TEL: (312) 407-3843 STANDBY CREDIT DATE: JULY 22, 1996 MAIL APPLICANT CONTINENTAL CABLE VISION OF NORTHERN ILLINOIS C/O CONTINENTAL CABLEVISION , INC THE PILOT HOUSE — LEWIS WHARF BOSTON, MA 02110 BENEFICIARY AMOUNT VILLAGE OF' ELK GROVE US t 10,000.00 ELK. GROVE, IL 60007 TEN THOUSAND AND 00/100 U.S. DOLLARS EXPIRY MARCH 22, 1997 AT OUR COUNTERS GENTLEMEN: WE HEREBY ESTABLISH IN YOUR FAVOR OUR IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER 00.373154 WHICH IS AVAILABLE FOR NEGOTIATION OF YOU DRAFTS AT SIGHT, DRAWN ON US, BEARING THE CLAUSE "DRAWN UNDER THE FIRST NATIONAL BANK OF CHICAGO, CHICAGO, ILLINOIS, CREDIT NUMBER 00373154," AND ACCOMPANIED BY: "YOUR SIGNED STATEMENT CERTIFYING THAT THE AMOUNT OF YOUR DRAFT REPRESENTS THE AMOUNT DUE THE VILLAGE 01= ELK GROVE PURSUANT TO VILLAGE OF ELK GROVE, ILLINOIS ORDINANCE NO. 70--84, WHEREIN IT IS STATED )'HAT THIS LETTER OF CREDIT SHALL BE USED TO INSURE THE FAITHFUL PERFORMANCE BY THE GRANTEE_ (AMERICAN CA13LESYSTEMS OF ILLINOIS) OF ALL PROVISIONS OF THE FRANCHISE AND THIS ORDINANCE; AND COMPLIANCE WITH ALL PERMITS AND DIRECTIONS OF' THE BOARD, OF THE VILLAGE HAVING JURISDICTION OVER ITS ACTS OR DEFAULTS UNDER THE FRANCHISE OR THIS ORDINANCE, AND THE PAYMENT BY THE GRANTEE OF ANY PENALTIES, CLAIMS, LIENS AND TAXES DUE THE VILLAGE, THE AGENCY, OR OTHER GOVERNMENTAL ENTITIES WHICH ARISE BY REASON OF THE CONSTRUCTION, OPERATION OR MAINTENANCE OF THE SYSTEM AND MUST ALSO INDICATE THAT YOU HAVE MADE A DEMAND ON CONTINENTAL CABLEVISION OF NORTHERN ILLINOIS FOR PAYMENT BUT HAVE NOT RECEIVED SUCH PAYMENT FROM CONTINENTAL CABLEVISION OF NORTHERN ILLINOIS, ITS SUBSIDIARIES OR ANY OTHER SOURCE. IN THE EVENT THAT APPLICANT DOES NOT REIIUEST AND AUTHORIZE THIS LETTER OF CREDIT EXTENSION, EITHER FROM ITS CURRENT OR ANY FUTURE EXPIRY DATE, OR IN THE EVENT THAT WE DECLINE TO FURTHER EXTEND THE CREDIT, YOU MAY DRAW ON THE CREDIT UP 'TO ITS THEN AVAILABLE BALANCE BY YOUR SIGHT DRAFT DATED NOT EARLIER THAN 60 DAYS PRIOR TO THE THEN CURRENT EXPIRY DATE ACCOMPANIED BY: (CONTINUED) PAGE 1 ORIGINAL ® FIRST CHICAGO The First National Bank of Chicago OUR FIEF 01373154 TRADE FINANCE ONE NORTH DEARBC - 9TH FLOOR, MAIL SUITE 0812 CHICAGO, ILLINOIS 60670-0812 U.S.A. Telex: TRT 190201 FNBC UT Swift Address: FNBCUS44 ITT 4330253 FNBCUI FAX: (312) 407-1065 TEL: (312) 407-3843 DATE: JULY 22, 1996 "YOUR SIGNED STATEMENT THAT YOU HAVE NOT RECEIVED AN AMENDMENT EXTENDING THIS CREDIT'S EXPIRY DATE FOR AN ADDITIONAL PERIOD AND THAT THE AMOUNT OF YOUR DRAWING REPRESENTS THE THEN REMAINING OBLIGATION OF CONTINENTAL CABLEVISION OF NORTHERN ILLINOIS WHICH YOU UNDERTAKE TO HOLD AS SEGREGATED CASH COLLATERAL TO AP'PLICANT'S OBLIGATION OUTSTANDING AS OF THE DATE OF YOUR DRAWING." WE' ENGAGE WITH YOU THAT DRAFTS DRAWN UNDER AND IN CONFORMITY WITH THE TERMS OF THIS CREDIT WILL BE DULY HONORED ON PRESENTATION IF PRESENTED ON OR BEFORE THE EXPIRY DATE. THE ORIGINAL LETTER OF CREDIT MUST ACCOMPANY THE DOCUMENTS REQUIRED UNDER THIS CREDIT. THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1993 REVISION), INTERNATIONAL CHAMBER OF COMMERCE —PUBLICATION 5oO. PLEASE ADDRESS ALL CORRESPONDENCE REGARDING THIS LETTER OF CREDIT TO THE ATTENTION OF OUR LETTER OF CREDIT UNIT, TRADE SERVICE GROUP, MENTIONING OUR REFERENCE NUMBER AS IT APPEARS ABOVE. VERY TRULY YOURS P'REFARE�/AIJTHORIZ D SIGNER cu1Q1 4, 66 _S 2 AUTHORIZED SIGNER ORIGINAL