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R-08-99 Authorizing Release of Letter of Credit for Timberline Units II & III Subdivision, Phases 1-3RESOLUTION NO. -(F 6 /v/ RESOLUTION AUTHORIZING RELEASE OF LETTER OF CREDIT FOR TIMBERLINE UNITS II & III SUBDIVISION, PHASES 1 -3 WHEREAS pursuant to the Subdivision Regulations, an owner or developer of a subdivision is required to deposit certain security or evidence thereof with the Village of Lemont to guarantee the installation of such improvements; and WHEREAS in the matter of Timberline Units II & III Subdivision, Phases 1 -3, located off 127th Street and Timberline Drive in Lemont, Illinois, Irrevocable Letter of Credit #1993001 in the amount of $1,168,750.00, Irrevocable Letter of Credit #1993005 in the amount of $1,228,125.00 and Irrevocable Letter of Credit #1994005 in the amount of $444,435.00, Financial Federal Trust & Savings Bank, were deposited with the Village of Lemont; and WHEREAS Donald F. Stelter of Financial Properties, Inc., formerly known as F.I.D.C., has made application for release of Irrevocable Letter of Credit #1993001, Letter of Credit #1993005 and Letter of Credit #1994005; and WHEREAS the Village Engineer has inspected the public improvements and has found them to have been satisfactorily installed; and WHEREAS a 5% maintenance letter of credit in the amount of $142,065.50 has been submitted to guarantee the installation of the public improvements for a period of one (1) year. NOW, '173EREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Lemont that: SECTION 1: Site work covered under Letter of Credit #1993001, Letter of Credit 41993005 and Letter of Credit 41994005 has been satisfactorily completed. SECTION 2: The Irrevocable Letter of Credit #1993001, Letter of Credit #1993005 and #1994005 is hereby released. PASSED AND APPROVED BY 111L PRESIDENT AND BOARD OF TRUSTEES OF '1HI VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DuPAGE, ILLINOIS, on this Z2-r" day of -e-1}A....../11,/ , 1999. Barbara Buschman Keith Latz Connie Markiewicz Rick Rimbo Ralph Schobert Mary Studebaker Approved by me this ,,J1 Attest: AYES NAYS PASSED ABSENT Mai CHARLENE M. SMOL EN, Village Clerk , 1999. Le 1 +1„..1-11 am.RLE NE M. SMOLLVill Planning Department Village of Lemont 418 Main Street Lemont, Il 60439 (630)257 -1595 age Clerk rk A. KWASNESKI, Village President PASSED AND APPROVED BY 1HE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DU PAGE, ILLINOIS, on this 26th day of October 1998. Barbara Buschman Keith Latz Connie Markiewicz Rick Rimbo Ralph Schobert Mary Studebaker AYES NAYS PASSED ABSENT / CHARLENE M. SM /l ,0iic,'s LLEN, Village Clerk Approved by me this 26th day of October , 1998. Attest: .2 : • RICHARD A. KWASNESKI, Village President //lifirAK ENE M. SMOLL ,� illage Clerk Prepared by: Planning Department Village of Lemont 418 Main Street Lemont, I160439 doc.id.timberl.rel FINANCIAL FEDERAL Trust & Savings Bank 21110 S. Western Ave., Olympia Fields, IL 60461 IRREVOCABLE LETTER OF CREDIT IRREVOCABLE DOCUMENTARY CREDIT NUMBER: 199803 FOR: TIMBERLINE II & III ONE YEAR MAINTENANCE OF PUBLIC IMPROVEMENTS ISSUE DATE: SEPTEMBER 28, 1998 APPLICANT: FINANCIAL PROPERTIES, INC. 16406 S. LATHROP AVENUE HARVEY, IL 60426 BENEFICIARY: VILLAGE OF LEMONT 418 MAIN STREET LEMONT, IL 60439 AMOUNT: $142,065.50 EXPIRATION: OCTOBER 1, 1999 Gentlemen: We hereby establish in your favor our Irrevocable Letter of Credit Number 199803 which is available for payment of your drafts at sight, drawn on Financial Federal Trust and Savings Bank, Olympia Fields, Illinois, bearing the clause "DRAWN UNDER FINANCIAL FEDERAL TRUST AND SAVINGS BANK, CREDIT NUMBER 199803 " accompanied by: A statement of one purporting to be the Village Administrator and one purporting to be the Village Engineer or one purporting to be a duly authorized official of the Village of Lemont, certifying that Financial Properties, Inc. has failed to maintain the public improvements depicted and described in the engineering plans approved by the Village Engineer for the TIMBERLINE II & III PHASE 3 subdivision. In that event, you may draw hereunder against your sight draft(s) on us, bearing the number of this Letter of Credit. Partial drawings are allowed. We hereby engage and agree with you and with all endorsees and bona fide holders of all drafts drawn under and in compliance with the terms of this credit that your drawings in conformity with the terms of this Letter of Credit will be duly honored on presentation. This documentary credit is subject to the "Uniform Customs and Practice for Documentary Credits" (1974 revision) International Chamber of Commerce (Publication No. 290). FINANCIAL FEDERAL TRUST AND SAVINGS BANK By F. Morgan Gasior, President ATTEST: anette M. Funchion, Sr. Vice President FINANCIAL PROPERTIES 16406 S. Lathrop Ave., Harvey, IL 60426 (708) 331 -1100, Fax (708) 614 -5999 August 25, 1998 Ms. Joanna S. Littrell, Village Engineer Village of Lemont 418 Main Street Lemont, Illinois 60439 -3788 Sent Via Fax No. (630) 257 -1598 Re: Timberline Subdivision Dear Ms. Littrell: This letter is to advise you that we have completed all of the punch list items provided by the Village in regard to the above subdivision. We would like to final out the subdivision and obtain a release of our bond. Please contact me at your earliest convenience so that we can finalize this matter. Very truly / yours, J i/ Kimberly M. Kash Associate General Counsel cc: Mr. Rick Sokolinski, Project Manager z7-v8 5g' vaLlt * acospi-- 50&,toiyz>,. Acmikko 11 gr liPP ' addle" . 11:.1' um II��P!11M I I rilimni. WAIIIII� mull „�w. Mi' ni= 111111 x111111 nnw II in . pm �I - X11 �� HUM rii ��; .. ,r, �, ,�UIU/111i1:= i',- 1l1111111111Z! 1 11 111111 w; - O i Ui PC B DIST. 113 LEMONT SCHOOL PARK DISTRICT PL T LENTS I