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HomeMy WebLinkAboutRESOLUTION - 96-86 - 12/16/1986 - LOC ACCEPTED RESOLUTION NO. 96-86 A RESOLUTION ACCEPTING AN IRREVOCABLE LETTER OF CREDIT NO. IMPDC1008/862595G FROM BANK OF MONTREAL EXPIRING JANUARY 31, 1989 IN THE AMOUNT OF $307, 144.00 TO GUARANTEE INSTALLATION OF PUBLIC IMPROVEMENTS MARK STREET PROJECT LOTS 2 & 3 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 Irrevocable Letter of Credit Number IMPDC1008/862595G from Bank of Montreal in the amount of $307, 144.00 to guarantee completion of public improvements of Mark Street Project Lots 2 and 3 in accordance with approved plans and specifications dated August 27, 1986 prepared by Machris Engineering, 2500 West Higgins Road, Hoffman Estates, Illinois 60195. Said letter of credit expiring January 31, 1989. Section 2: That this Resolution shall be in full force and effect from and after it passage and approval according to law. PASSED this 16th day of December 1986. APPROVED this 16th day of December 1986. Charles J. Zettek Village President ATTEST Patricia S. Smith Village Clerk REV,6/85 FORM X530 mIMPDC1008/ The First Canadian Bank 8 6 2 5 9 5 G Bankof Montreal No. New York Branch October 22, 1986 430 Perk Avenue, New York.NY 70022 N.Y. 536 Letter of Credit %6�EJVED E. G. V. Village of Elk Grove Village 901 wellington Avenue OCT 2 7 1986 Elk Grove Village, Illinois 60007 NWNLtHING DEPT, RE: MARK STREET PROJECT Gentlemen: We hereby issue in your favor our Irrevocable Letter of Credit NO: IMPDC1008/862595G for account of Trammell Crow Company for the amount of US $307 , 144 .00 (Three Hundred Seven Thousand One Hundred Forty Four and 00/100 U.S. Dollars) available upon presentation of your draft at sight on Bank of Montreal 430 Park Avenue New York, N.Y. 10022 accompanied by the original credit and the hereinafter described certificate . Each such draft must state on its face "drawn under Letter of Credit N0: IMPDC1008/862595G dated October 22, 1986 of the Bank of Montreal. " This Letter of Credit is issued for the purpose of securing and paying for the installation of certain public improvements in the above referenced project as provided in certain engineering plans dated August 27, 1986 prepared by Machris Engineering, 2500 West Higgins Road, Hoffman Estates , Illinois 60195. This Irrevocable Letter of Credit shall expire on January 31 , 1989. Demands on this Letter of Credit shall be made by presenting the issuer with the sight draft provided for above accompanied by the certificate of the Village Manager of the Village of Elk Grove Village certifying either : ( 1 ) "that Bank of Montreal letter of credit No . IMPDC1008/862595G dated October 22, 1986 will expire within thirty ( 30) days and has not been renewed ; or ( 2 ) That the improvements referenced in Bank of Montreal letter of credit No. IMPDC1008/862595G dated October 22, 1986 have not been completed in accordance with the agreements between Mark Street II Limited Partnership and the Village , " and said improvements shall be in default for a period of 60 days after written notice thereof by the Village to the owner. (This document consists of 2 pages) REV.6/85 FORM 8,530 IMPDC1008/ The First Canadian Bank 8 6 2 5 9 5 6 Bank of Montreal No New York Branch 430 Park Avenue, New York NY 10022 October 22 , 1986 N.Y. 536 Letter of Credit (Continuation of page 1) The undersigned agrees that this Letter of Credit shall not be reduced or discharged except upon receipt of a certificate of the Village Manager of the Village of Elk Grove Village certifying that this letter of credit may be reduced and the amount by which this letter of credit may be reduced. The outstanding balance of this letter of credit shall be the face amount of this letter of credit less the amount of any drafts paid hereunder. We hereby engage with you that all demands for payment made in conformity with the terms of this Irrevocable Letter of Credit will be duly honored on presentation to us prior to expiration of this letter of credit. This letter of credit is non-transferable and non- assignable. This letter of credit shall be governed by the laws of the State of Illinois and is subject to all provisions of the 1983 revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce, Publication Number 400, which are not inconsistent or in conflict with the terms hereof. (`!! BANK OF MONTREAL \­J) pa rt L.t`�71L� Authorized Signature P. 131 PleaseRetethat—ard4iaienei: 3er1gaage }:arbeers rodded t:c y ,,,-A FEV.9196 '_� 17:10.4 F.ID[,J F.G FORM 9530 N.Y. 536 The First Canadlen Sank I MP D C/1 0 0 8 Bank of Montreal "° --tt2ttt� - Now York Aran°h 430 Park Avenue, New York NY 10022 Letter of Credit g6613 , A®�1 November 25, 1986 Village of Elk Grove Village 901 Wellington Avenue Elk Grove Village, Illinois 60007 Re: Marls Street Project Letter of Credit No: IMPOC1008/862595G Gentlemen: We amend the above referenced Letter of Credit, issued in your favour or. October 22, 1986 for the account of Tratmiell Crow Company, H&nilton Lakes, One Pierce Place, Itasca, Illinois 60143-2661 as follows: It is now a condition of this Letter of Credit that sixty days prior to the expiration date, we shall notify that the Letter of Credit will expire. Unless you receive this notice sixty days prior, the Letter of Credit cannot expire. All other terms and conditions remain unchanged. This amendment is to be attached to the original credit instrument, and boom es ar. integral Dart thereof. Unless otherwise expressly stated herein, this Credit is subject to the UCP 1983 revision publication No. 400 and by the laws of the state of Illinois. OF Y171ri= CountersignedL-1�horized SignatorK�