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HomeMy WebLinkAboutRESOLUTION - 76-84 - 11/13/1984 - LOC/AMERICAN CABLESYSTEMS OF IL i RESOLUTION N0. 76-84 A RESOLUTION ACCEPTING A LETTER OF CREDIT IN THE AMOUNT OF $10,000.00 FROM THE FIRST NATIONAL BANK OF CHICAGO TO INSURE THE FAITHFUL PERFOR- MANCE BY GRANTEE, AMERICAN CABLESYSTEMS OF ILLINOIS OF ALL PROVISIONS OF THE FRANCHISE AS SET FORTH IN ORDINANCE NO. 1448 AND RESOLUTION NO. 46-81 AS AMENDED BY RESOLUTION NO. 70-84 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 Village President and Board of Trustees do hereby authorize the acceptance of a Letter of Credit No. 305810 from The First Nation- al Bank of Chicago in the amount of $10,000.00, pursuant to the provisions of Ordinance No. 1448 adopted by the Village Board on April 14, 1981, wherein said Ordinance requires said Letter of Credit shall be used to insure the faithful performance of the grantee, American Cablesystems of Illinois, of all provisions of the franchise and of this ordinance, and compliance with all permits and directions of the Board of the Village, and the payment by the Grantee of any penalties, claims, liens and taxes due the Village, the Agency, or other governmental entities which arise by reason of the construction, operation of maintenance of said system. Said Letter of Credit expiring October 22, 1989. Section 2: That this resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this 13th day of November 1984. APPROVED this 13th day of November 1984. Charles J. Zettek Village President ATTEST: Patricia S. Smith Village Clerk ® FIRST CHICAGO TRADE SERVICES GROUP The First National Bank of ChlcagcS ° 023E lei � tttlll���lllccc)))aaalll CHICAGO, IL-...,)IS E 0 U.S.A. Swift Address: FNBCUS44 C ! 2 S 1984 Ce ddress: NATIONAL CHICAGO Telex number: 2-53801 VILLAGE MANAGER'S OFFICE October 22, 1984 IRREVOCABLE STANDBY CREDIT NUMBER 305810 APPLICANT AMERICAN CABLESYSTEMS OF ILLINOIS 1575 Rohlwing Road Rolling Meadows, Illinois 60008 BENEFICIARY AMOUNT VILLAGE OF ELK GROVE US$ 10,000 . 00 ELK GROVE, ILLINOIS Ten Thousand And 00/100 US Dollars EXPIRY 10-22-89 OUR COUNTER October 22, 1989 DEAR SIR(S) , We hereby establish in your favor our Irrevocable Standby Letter of Credit Number 305810 which is available for negotiation of your drafts at sight, drawn on us, bearing the clause "DRAWN UNDER THE FIRST NATIONAL BANK OF CHICAGO, CHICAGO, ILLINOIS, CREDIT NUMBER 305810 , " and accompanied by: "Your signed statement certifying that the amount of your draft represents the amount due the Village of Elk Grove pursuant to Village of Elk Grove , Illinois Ordinance No. 70-84, wherein it is stated that this letter of credit shall be used to insure the faithful performance by the Grantee (American Cablesystems 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 American Cablesystems of Illinois for payment but have not received such payment from American Cablesystems of Illinois, its subsidiaries or any other source . " It is understood that this letter of credit may be extended for an additional five (5) year period of validity by an amendment hereto, and an additional period of validity from the date of such extension to an ultimate expiration date of April 14, 1996, by an amendment hereto, upon our receipt of the applicant 's request and authorization to effect such extensions and the said extension will be advised to you by means of our customary amendment advice . page 1 of 2 ily ORI&NAL ® FIRST CHICAGO TRADE SERVICES GROUP The First National Bank of C`--sago F 123E CHICAGO, IL....,AS E J U.S.A. Swift Address: FNBCUS44 Cable address: NATIONAL CHICAGO Telex number: 2-53801 No. 305810 In the event that applicant does not request 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: "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 American Cablesystems of Illinois which you undertake to hold as segregated cash collateral to applicant 's obligation outstanding as of the date of your drawing . " We hereby engage with drawers and/or bonafide holders that drafts drawn in conformity with the terms of this Letter of Credit will be duly honored on presentation. This Letter of Credit is subject to the terms and conditions of the "Uniform Customs and Practice for Documentary Credits (1983 Revision) The International Chamber of Commerce Publication No. 400" . THE FIRST NAT NAL BANK OF CHICAGO AUTHORIZED SIGNATURE 9157Y page 2 of 2 ORtiGINAL