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HomeMy WebLinkAboutRESOLUTION - 17-86 - 2/25/1986 - LOC ACCEPTED/PARKVIEW HEIGHTS SUBRESOLUTION NO. 17-86 A RESOLUTION ACCEPTING AN IRREVOCABLE LETTER OF CREDIT FROM U.S. SHELTER, INC., IN THE AMOUNT OF $132,573.10 TO GUARANTEE MAINTENANCE OF COMPLETED PUBLIC IMPROVEMENTS FOR PARKVIEW HEIGHTS SUBDIVISION EXPIRING OCTOBER 24, 1987 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 from U. S. Shelter, Inc. in the amount of $132,573.10 to guarantee maintenance of completed public improvements for Parkview Heights Subdivision as follows: Watermain and Appurtenances, Sanitary Sewer and Appurtenances, Storm Sewer and Appurtenances, Roadway (Curb & Gutter, Pavement), Side- walk, Street Lights, Parkway (Trees, etc.), Traffic Control (Signals, Signs, Markings), Ponds (Detention/Retention), Excavation (Soil Erosion Control, Stockpile) and Other as described in the "as -built" Engineering plans dated September 21, 1978 prepared by Elk Grove Engineering Company, 860 Lively Boulevard, Elk Grove Village, Illinois. Said letter of credit expiring October 24, 1987. 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 APPROVED this 25th day of February 1986. day of February 1986. Charles J. Zettek Village President ATTEST: Patricia S. Smith by Ilafern R. Snick Village Clerk Deputy Clerk TALMANHONE TheTalman Home Federal Savings and Loan Association of Illinois IRREVOCABLE LETTER OF CREDIT October 25, 1985 Village of Elk Grove Village Amount: $132,573.10 901 Wellington Avenue Project: Parkview Heights Elk Grove Village, Illinois 60007 Expiry: October 24, 1987 Gentlemen: We hereby establish our Irrevocable Straight Letter of Credit in your favor for the account of U. S. Shelter, Inc., 400 Park Boulevard West, Itasca, Illinois 60143, hereafter called the "Developer," in the aggregate amount of One Hundred Thirty Two Thousand, Five Hundred Seventy Three and 10/100ths Dollars ($132,573.10) lawful U. S. Currency, available by your draft drawn on sight and marked "Drawn under Irrevocable Letter of Credit dated October 25, 1985. These monies are to guarantee the maintenance of completed public im- provements for the following project: Parkview Heights Subdivision (the "Project") described in the as -built Engineering plans with revisions dated September 21, 1978 prepared by Elk Grove Engineering Company, 860 Lively Boulevard, Elk Grove Village, Illinois, and approved by the Village Engineer." Monies may be drawn on sight by the Village of Elk Grove Village when accom- anied by the following documents: 1. A signed statement by the Village Manager or any other duly authorized official of the Village of Elk Grove Village certifying that any portion of the site improvements has failed due to de- fects in workmanship and material during said period for the following project: Parkview Heights Subdivision, (the "Project"). 2. A signed statement by the Village Manager or any other duly authorized official of the Village of Elk Grove Village certifying that the Developer has failed to correct defects, if any, in the workmanship and material of the site improvements installed within the Parkview Heights Subdivision and that such notification was served upon the Developer prior to drawings on this Letter of Credit. Main Office: 5501 S. Kedzie Avenue, Chicago, Illinois 60629 (312) 434-3322 The Talman Home Federal Say s and Loan Association of Illinois October 25, 1985 Village of Elk Grove Village Page Two The completed site improvements accepted by the Village in the above de- scribed project consist of: Watermain and Appurtenances Sanitary Sewer and Appurtenances Storm Sewer and Appurtenances Roadway (Curb & Gutter, Pavement) Sidewalk Street Lights Parkway (Trees, etc.) Traffic Control (Signals, Signs; Markings) Ponds (Detention/Retention) Excavation (Soil Erosion Control, Stockpile) Other These site improvements itemized above shall be under guarantee to the Village from October 25, 1985 to October 24, 1987. The Village of Elk Grove Village (the "Village") is hereby granted authority to draw upon this Ir- revocable Letter of Credit for the purpose of correcting the site improvement defects in accordance with the provisions herein and above set forth, should the "Developer" fail to expediently correct said defects. Partial drawings are permitted under this Irrevocable Letter of Credit. Said drafts may be submitted for payment immediately following the performance of maintenance work under this Irrevocable Letter of Credit and said draft shall be duly honored upon presentation during the guarantee period. 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 Elk 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. This Irrevocable Letter of Credit shall be utilized to guarantee the maintenance of all improvements initially accepted by the Village of Elk Grove Village as specified on the "as -built" engineering drawings. This Irrevocable Letter of Credit shall not operate as a limitation upon the obli- gations of U. S. Shelter, Inc., the "Developer," to promptly maintain all site improvements as directed by the Village of Elk Grove Village. 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. The Talman Home Federal SaA s and Loan Association of Illinois October 25, 1985 Village of Elk Grove Village Page Three This Irrevocable Letter of Credit is subject to the "Uniform Customs and Practice fox Documentary Credit, the International Chamber of Commerce Publi- cation #290, most recent revision," 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 presentation. Date: / "/?, /J f TALMAN HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF ILLINOIS Ey: !\),42 Robert H. J nes, Executive Vice President The Developer hereby acknowledges the absolute right of the Village of Elk Grove Village to draw on this Irrevocable Credit subject to the conditions herein set forth and waives any right to enjoin the Village from so proceeding. U. S. SHELTER, INC. Date: By: Jofn M. Sore on, President