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HomeMy WebLinkAboutRESOLUTION - 28-93 - 5/25/1993 - LOC/SUPER KMARTRESOLUTION NO. 28-93 A RESOLUTION ACCEPTING AN IRREVOCABLE STRAIGHT LETTER OF CREDIT NO. 00318466 FROM THE FIRST NATIONAL BANK OF CHICAGO EXPIRING JUNE 17, 1994 IN THE AMOUNT OF $400,000.00 TO GUARANTEE CONSTRUCTION OF PUBLIC IMPROVEMENTS AT SUPER KMART SHOPPING CENTER (BIESTERFIELD/MEACHAM) 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 Straight Letter of Credit No. 00318466 from First National Bank of Chicago in the amount of $400,000.00 to guarantee construction of public improvements for Super KMart Shopping Center, Biesterfield and Meacham Roads, in accordance with engineering plans and specifications with revisions dated March 22, 1993, prepared by Cowhey, Gudmundson, Leder, Ltd., approved on March 25, 1993. Said Letter of Credit expiring June 17, 1994. Section 2. That this Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this 25th day of May , 1993. APPROVED this 25th day of May , 1993. Dennis J Gallitano Village President ATTEST: Patricia S. Smith Village Clerk By: Ann I. Head Deputy Village Clerk FIRST CHICAGO The First National Bank of Chicagc VILLAGE OF ELK GROVE 901 WELLINGTON AVENUE ELK GROVE, IL 60007 LADIES AND GENTLEMEN: TRADE FINANCE ONE NORTH DEAR[ IN - 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 VILLAGE COMPLETION GUARANTY LETTER OF CREDIT NO DATE: AMOUNT: COMPLET1019 DATE: EXPIRATION DATE: 00318466 MARCH 25, 1993 $400, 000. 00 MARCH 19, 1994 JUNE '17, 1994 WE HEREBY ESTABLISH OUR IRREVOCABLE STRAIGHT LETTER OF CREDIT IN YOUR FAVOR FOR THE ACCOUNT OF KMART CORPORATION, A MICHIGAN CORPORATION (HEREINAFTER THE "DEVELOPER"), IN THE AGGREGATE AMOUNT OF $400,000.00, U.S. CURRENCY, AVAILABLE BY YOUR DRAFT DRAWN ON SIGHT AND MARKED "DRAWN UNDER LETTER OF CREDIT NO. 00318466 DATED MARCH 25, 1993•" THESE MONIES ARE TO GUARANTEE THE COMPLETION OF PUBLIC IMPROVENTS FOR THE FOLLOWING PROJECT: SUPER KMART CENTER DESCRIBED IN THE ENGINEERING PLANS AND SPECIFICATIONS WITH REVISIONS DATED MARCH 22, 1993, PREPARED BY COWHEY, GUDMUNDSON, LEDER LTD., APPROVED ON MARCH 25, 1993 AND AGREEMENTS .INCLUDING ANY AMENDMENTS THEREOF) ON THE PROPERTY LEGALLY DESCRIBED IN EXHIBIT A (ATTACHED HERETO AND MADE PART THEREOF). MONIES MAY BE DRAWN ON SIGHT BY THE VILLAGE OF ELK GROVE WHEN ACCOMPANIED BY THE FOLLOWING DOCUMENT: A SIGNED STATEMENT BY THE VILLAGE MANAGER ON ANY OTHER DULY AUTHORIZED OFFICIAL OF THE VILLAGE (SIGNED AS SUCH) CERTIFYING THAT "A PORTION OF THE SITE IMPROVEMENTS HAS NOT BEEN SATISFACTORILY COMPLETED IN ACCORDANCE WITH THE APPROVED FLANS AND SPECIFICATIONS WITH REVISIONS DATED MARCH 22, 1993 PREPARED BY COWHEY, GUDMUNDSON, LEDER LTD., APPROVED ON MARCH 25, 1993 AND AGREEMENTS (INCLUDING ANY AMENDMENTS THEREOF) FOR THE FOLLOWING PROJECT: SUPER KMART CENTER." THE IMPROVEMENTS IN THE ABOVE DESCRIBED PROJECT CONSIST OF THE FOLLOWING: X-WATERMAIN AND APPURTENANCES X -SANITARY SEWER AND APPURTENANCES X -STORM SEWER AND APPURTENANCES X -ROADWAY (CURB Yc GUTTER, PAVEMENT) X -SIDEWALK -STREET LIGHTS X -PARKWAY (TREES, ETC.) X -TRAFFIC CONTROL (SIGNALS, SIGNS, MARKINGS) -PONDS (DETENTION/RETENTION) THESE IMPROVEMENTS ITEMIZED ABOVE SHALL BE COMPLETED ON OR BEFORE MARCH 19, 1994. IF SAID IMPROVEMENTS HAVE NOT BEEN PROPERLY INSTALLED AND SATISFACTORILY COMPLETED ON OR BEFORE THAT DATE AS REASONABLY DETERMINED BY THE VILLAGE ENGINEER, THEN THE VILLAGE OF ELK GROVE VILLAGE (THE "VILLAGE") IS HEREBY GRANTED AUTHORITY TO DRAW UPON THIS IRREVOCABLE LETTER OF CREDIT FOR THE PURPOSE OF COMPLETING FULLY SAID IMPROVEMENTS IN ACCORDANCE WITH THE PROVISIONS HEREIN AND ABOVE SET FORTH. (CONTINUED) P6P61N1kt _ FIRST CHICAGO TRADE FINANCE The First National Bank of Chicago ONE NORTH DEARB N - 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 OUR REF NO: 00?I84th DATE: MARCH 2F, 1993 THE PRINCIPLE AMOUNT OF THIS IRREVOCABLE LETTER OF CREDIT SHALL NOT BE REDUCED FOR ANY PUBLIC IMPROVEMENTS INSTALLED OR COMPLETED UNLESS SUCH REDUCTION IS APPROVED BY THE VILLAGE ENGINEER IN WRITING WITH SUPPORTING WAIVERS, LIENS AND AF171DAVITS FROM CONTRACTORS OR SUBCONTRACTORS FURNISHING MATERIAL OR PERFORMING WORK TO COMPLETE THESE IMPROVEMENTS. AND THEN ONLY IN THE EXACT AMOUNT OF SUCH PAYMENTS LESS 10% FOR INTERIM MAINTENANCE. THIS REMAINING AMOUNT SHALL NEVER BE REDUCED TO AN AMOUNT LESS THAN 110% OF THE ESTIMATED COSTS TO COMPLETE THE REMAINING PUBLIC IMPROVEMENTS PLUS 10% OF THE COST OF THE COMPLETED PUBLIC IMPROVEMENTS AS A GUARANTEE FOR MAINTENANCE PURPOSES. THE VILLAGE MAY SUBMIT ITS SIGHT DRAFTS AS HEREIN ABOVE PROVIDED WITHOUT THE CONSENT OF ANY OTHER PARTY. PARTIAL DRAWINGS ARE PERMITTED UNDER THIS IRREVOCABLE LETTER OF CREDIT. SAID DRAFTS MAY BE SUBMITTED FOR PAYMENT FOR A NINETY (90) DAY PERIOD FOLLOWING THE COMPLETION DATE OF THIS IRREVOCABLE LETTER OF CREDIT AND SAID DRAFT SHALL BE DULY HONORED UPON PRESENTATION DURING THE NINETY DAY (90) DAYS IN ACCORDANCE WITH THE TERMS AND PROVISIONS HEREIN CONTAINED. IF, WITHIN THIRTY (30) DAYS OF THE DATE OF ANY DEMAND (MADE IN CONFORMITY WITH THIS IRREVOCABLE LETTER OF CREDIT) PRESENTED, WE FAIL TO HONOR SAME, WE AGREE TO PAY ALL ATTORNEY FEES, COURT COSTS AND OTHER REASONABLE EXPENSES INCURRED BY THE VILLAGE OF ELIC GROVE VILLAGE IN ENFORCING THE TERMS OF THIS IRREVOCABLE LETTER OF CREDIT. THE AMOUNT OF EACH DRAFT MUST BE ENDORSED ON THE REVERSE SIDE OF THE ORIGINAL IRREVOCABLE LETTER OF CREDIT BY THE VILLAGE ENGINEER, AND ATTESTED BY THE CLERK, AND A STATEMENT THAT THE LETTER OF CREDIT HAS BEEN SO ENDORSED MUST BE SUBMITTED WITH THE DEMAND FOR PAYMENT. THIS IRREVOCABLE LETTER OF CREDIT SHALL BE UTILIZED TO SECURE THE INSTALLATION OF ALL IMPROVEMENTS REQUIRED UNDER THE MUNICIPAL CODE OF THE VILLAGE OF ELK GROVE VILLAGE AND SPECIFIED ON THE ENGINEERING DRAWINGS AND IN THE SPECIFICATIONS AND AGREEMENTS. THIS IRREVOCABLE LETTER OF CREDIT SHALL NOT OPERATE AS A LIMITATION UPON THE OBLIGATION OF THE DEVELOPER TO PROPERLY COMPLETELY INSTALL ALL IMPROVEMENT'S REQUIRED BY THE VILLAGE OF ELK GROVE VILLAGE. IT IS A CONDITION OF THIS IRREVOCABLE LETTER OF CREDIT THAT IT SHALL BE AUTOMATICALLY EXTENDED FOR ONE YEAR FROM THE PRESENT EXPIRATION DATE HEREOF UNLESS THIRTY (30) DAYS PRIOR TO SUCH EXPIRATION DATE THE VILLAGE MANAGER SHALL NOTIFY THE UNDERSIGNED IN WRITING, CERTIFIED MAIL, RETURN RECEIPT REQUESTED, THAT HE OR SHE, BASED UPON THE ADVICE AND SUPPORTING DOCUMENTATION FROM THE VILLAGE ENGINEER THAT HE OR SHE DOES ELECT NOT TO ARBITRARILY REQUEST RENEWAL OF THIS IRREVOCABLE LETTER OF CREDIT FOR SUCH ADDITIONAL ONE (1) YEAR PERIOD WITHOUT DUE CAUSE. IN ANY EVENT, THIS LETTER OF CREDIT WILL NOT BE VALID BEYOND (CONTINUED) PAGE 2 ORIGINAL FIRST CHICAGO The First National Bank of Chicago OUR REF NO: 0031846b TRADE FINANCE ONE NORTH DEARE :N - 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) 407-3643 DATE: MARCH 25, 19`)3 JUNE 17, 1995 PROVIDED THAT THE EXPIRATION NOTIFICATION FROM THE FIRST NATIONAL BAN;: OF CHICAGO IS FORWARDED TO THE VILLAGE MANAGER AT LEAST 90 DAYS PRIOR TO JUNE 17, 1995 AS REQUIRED BY THE LETTER OF CREDIT CONDITIONS. THE UNDERSIGNED SHALL NOTIFY THE VILLAGE MANAGER, BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, AT LEAST NINETY (90) DAYS PRIOR TO SAID EXPIRATION DATE THAT SAID IRREVOCABLE LETTER OF CREDIT IS ABOUT TO EXPIRE. IT IS EXPRESSLY AGREED BY THE UNDERSIGNED THAT THE EXPIRATION DATE SHALL BE AUTOMATICALLY EXTENDED AS SHALL BE REQUIRED TO COMPLY WITH THIS NOTICE PROVISION AND THE REQUIREMENTS STATED PREVIOUSLY. THIS IRREVOCABLE LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1983 REVISION), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION 400 EXCEPT AS HEREIN ABOVE MODIFIED. WE HEREBY AGREE WITH THE DRAWERS, INDORSERS, AND BONA FIDE HOLDERS OF DRAFTS DRAWN IN COMPLIANCE WITH THE TERMS OF THIS CREDIT THAT THEY SHALL BE HONORED ON PRES"ENTATION. 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 THE /FIRST NATIONAL BANK OF CHICAGO BY W. MAR( KLA (OPERATIONS OFFICER) BY: PETR OBERDING (ASA�T. VICE PRESIDENT) PAGE 3 ORIGINAL F0RSr CHICAGO TRADE FINANCE The First National Bank of Chicago ONE NORTH DEARB N - 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 EXHIBIT A THAT PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 41 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WEST LINE OF THE EAST 830.00 FEET (AS MEASURED ON THE SOUTH LINE) OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 25, 1150.00 FEET NORTH (AS MEASURED ON SAID WEST LINE OF THE EAST 830.00 FEET) OF THE SOUTH LINE OF SAID SECTION 25; THENCE SOUTH ON THE WEST LINE OF SAID EAST 830.00 FEET, 1150.00 FEET TO THE SOUTH LINE OF SAID SECTION; THENCE EAST ON THE SOUTH LINE OF SAID SECTION 25, 830.00 FEET TO THE EAST LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 25; THENCE NORTH ON SAID EAST LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER, 1400.00 FEET; THENCE WEST AT RIGHT ANGLES TO THE LAST DESCRIBED LINE 380.00 FEET; THENCE SOUTHWESTERLY TO THE POINT OF BEGINNING (EXCEPTING THAT PART DEDICATED FOR BIESTERFIELD ROAD AND MEACHAM ROAD) IN COOK COUNTY, ILLINOIS. BEING ALSO DESCRIBED AS FOLLOWS: THAT PART OF' THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 41 NORTH RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN: BEGINNING AT A POINT IN THE WEST LINE OF THE EAST 830.00 FEET (AS MEASURED ON THE SOUTH LINE) OF THE WEST HALF OF THE S'OUTHWES'T QUARTER OF SAID SECTION 25, 1150.00 FEET NORTH (AS MEASURED ON SAID WEST LINE OF THE EAST 830.00 FEET) OF THE SOUTH LINE OF SAID SECTION 25; THENCE SOUTH OD10215111 EAST ALONG THE WEST LINE OF SATE) EAST 830.00 FEET, 1099.95 FEET TO THE NORTHERLY LINE OF BIESTERFIELD ROAD; THENCE NORTH 87'291119" EAST ALONG THE NORTHERLY LINE OF BIESTERFIELD ROAD, A DISTANCE OF 769.95 FEET TO A POINT ON THE WEST LINE OF MEACHAM ROAD; THENCE NORTH 00102'51" WEST ALONG THE WEST LINE OF MEACHAM ROAD, A DISTANCE OF 1352.53 FEET; THENCE SOUTH 89157109"WEST, DISTANCE OF 320.00 FEET; THENCE SOUTH 57' 30' 37" WEST, A DISTANCE OF 532.32 FEET TO THE POINT OF BEGINNING. ORIGINAL _