Loading...
HomeMy WebLinkAboutRESOLUTION - 17-97 - 3/25/1997 - LOC/REDEV. AGRMT/EG TOWN CENTERRESOLUTION NO. 17-97 A RESOLUTION ACCEPTING AN IRREVOCABLE LETTER OF CREDIT NO. 570004194-201 FROM THE FIRST MIDWEST BANK, NATIONAL ASSOCIATION EXPIRING JULY 31, 1998 IN THE AMOUNT OF $100,000.00 PAYMENT FOR LIQUIDATED DAMAGES IN ACCORDANCE WITH THE REDEVELOPMENT AGREEMENT/ELK GROVE TOWN CENTER L.L.C. (HAMILTON PARTNERS RETAIL DIVISION #1) 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 Irrevocable Letter of Credit No. 570004194-201 from First Midwest Bank, National Association in the amount of $100,000.00 the payment for liquidated damages in accordance with the Redevelopment Agreement, (Res. No. 14-97) together with any amendments thereto approved by the Village and/or reimbursement to the Village of expenses or other costs as set forth in the Redevelopment Agreement. Said Letter of Credit expiring July 31, 1998. Section 2. That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 25th day of March , 1997. APPROVED this 25th day of March , 1997. Dennis J. Gallitano Village President ATTEST: Patricia S. Smith Village Clerk .4 h First Midwest IRREVOCABLE LETTER OF CREDIT March 17, 1997 Village of Elk Grove Village 901 Wellington Avenue Elk Grove Village, IL 60007-3499 Gentlemen: First Midwest Bank, N.A. 945 Lakeview Parkea. Suite 170 Vernon Hills, Illinois 60061 We hereby open our Irrevocable Standby Letter of Credit in your favor available by your draft on us at sight, signed by the Village Administrator, Village of Elk Grove Village, bearing the clause "Drawn under First Midwest Bank, National Association Letter of Credit No. 570004194- 201 effective March 17, 1997 for the account of Hamilton Partners Retail Division #1, Inc. up to an aggregate amount of One Hundred Thousand and no/100 ($100,000.00) U.S. DOLLARS and accompanied by the following documents: 1. This original Letter Credit. 2. A statement in duplicate signed by the Village Administrator, Village of Elk Grove Village, reading as follows: "Hamilton Partners Retail Division #1, Inc., has failed to comply with the Redevelopment Agreement entered into by and between the Village of Elk Grove Village and Hamilton Partners Retail Division #1, Inc., on or about March 11, 1997. The funds claimed under this Letter of Credit are for the payment of liquidated damages in accordance with the Redevelopment Agreement referred to above, together with any amendments thereto approved by the Village and/or reimbursement to the Village of expenses or other costs as set forth in the Redevelopment Agreement. " This Letter of Credit will expire at the close of the regular business day on July 31, 1998, and such drafts must be presented for payment and received by us on or before such date. First Midwest Bank, National Association ("Bank") will provide the Village of Elk Grove Village with thirty (30) days prior written notice, by certified mail, return receipt, of the termination of the Letter of Credit. This Letter of Credit shall not expire except upon giving such thirty (30) days notice. Once notice is given, this Letter of Credit shall remain in force not less than an additional thirty (30) days after the date of such notice. Notwithstanding the expiry date Irrevocable Letter of Credit 570004194-201 March 17, 1997 Page 2 provisions set forth hereinabove, if the Village of Elk Grove Village notifies Bank that a violation of the Redevelopment Agreement exists, then this Letter of Credit shall remain in force not less than an additional forty-five (45) days after the date of such notice. We hereby agree with you that all drafts drawn under and in compliance with the terms of this credit shall be duly honored in presentation. To the extent not inconsistent with the terms hereof, this Letter of Credit shall be governed by and construed in accordance with the Uniform Customs and Practice for Documentary Credits (1993 Revision) International Chamber of Commerce Publications No. 500 (the "Uniform Customs"). This Letter of Credit shall, as to matters not governed by the Uniform Customs, be governed by and construed in accordance with the laws of the State of Illinois (excluding its conflict of laws rules). FIRST MIDWEST BANK, NATIONAL ASSOCIATION z4nC B Glaunert ITS: Documentation Review Specialist COUNTERSIGNED: coves. BY: Conni Norman ITS: Documentation Review Specialist — First Midwest `VI'" March 17, 1997 Village of Elk Grove Village 901 Wellington Avenue Elk Grove Village, Illinois 60007-3499 Gentlemen: I irs1 :Midwest Bank, N. N. 945 Lake%io% ParkN%a1 Suile 1711 N ernnn Hills. Illinois 611161 Our Letter of Credit No. 570004194-201 in the current amount of One Hundred Thousand and 00/100 ($100,000.00) U.S. Dollars originally dated March 17, 1997 and issued in your favor at the request of Hamilton Partners Retail Division #1, is amended to delete in it entirety the second indented paragraph on page one and insert in lieu thereof the following: 2. A statement in duplicate signed by the Village Administrator, Village of Elk Grove Village, reading as follows: "Elk Grove Town Center L.L.C., has failed to comply with the Redevelopment Agreement entered into by and between the Village of Elk Grove Village and Elk Grove Town Center L.L.C. on or about March 11, 1997. The funds claimed under this Letter of Credit are for the payment of liquidated damages in accordance with the Redevelopment Agreement referred to above, together with any amendments thereto approved by the Village and/or reimbursement to the Village of expenses or other costs as set forth in the Redevelopment Agreement. " All other terms and conditions remain unchanged. This letter is to be attached to and become an integral part of the original credit instrument. FIRST MIDWEST BANK, NATIONAL ASSOCIATION Glaunert ITS: Documentation Review Specialist cc: Hamilton Partners Retail Division #1 Kenneth J. Kadleck COUNTERSIGNED: Cxr,,.- ►J _ BY: Conni Norman ITS: Documentation Review Specialist