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R-76-98 Accepting reduced letter of credit for Abbey Oaks subdivisionRESOLUTION NO. R - 71a -9i- RESOLUTION ACCEPTING REDUCED LETTER OF CREDIT FOR ABBEY OAKS SUBDIVISION WHEREAS the letters of credit for Abbey Oaks Subdivision Phases I, II and III recently expired and were replaced with substitute Letter of Credit No. 98 -596; and WHEREAS this letter of credit is less than the amount of the original letters of credit; and WHEREAS the original letter of credit totaled to $1,405,107.90, while the new letter of credit is in the amount of $395,189.48; and WHEREAS the Village Engineer has reviewed the new letter of credit and believes that the costs of completing all remaining public improvements will be covered; and WHEREAS if the reduced letter of credit is not accepted by the Village Board, public improvements which are not completed will not be guaranteed by security. NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Lemont that: SECTION 1: Letters of Credit No. 4311 and 4321 in the amount of $1,405,107.90 are replaced by Letter of Credit No. 98 -596 in the amount of $395,189.48 PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DU PAGE, ILLINOIS, on this 10th _day of August 1998. Barbara Buschman Keith Latz Connie Markiewicz Rick Rimbo Ralph Schobert Mary Studebaker AYES NAYS PASSED ABSENT V 1/ v' CHARLENE M. SMOLLEN, Village Clerk Approved by me this 10th day of August 1998. Attest: RALPH A. SCHOBERT, Mayor Pro -Tem RLENE M. SMOLL , Village Clerk Issue Date: Credit number: Applicant: Beneficiary: STATE BANK OF COUNTRYSIDE IRREVOCABLE LETTER OF CREDIT July 3, 1998 98 -596 Pat Cronin Construction Co., Inc. Village of Lemont 418 Main Street Lemont, IL 60439 Amount: $395,189.48 Expiration: July 3, 1999 Gentlemen and Ladies: We hereby establish in your favor, our Irrevocable Letter of Credit no. 98 -596 which is available for payment of your drafts at sight, drawn on State Bank of Countryside, Countryside, Illinois, bearing the clause "DRAWN UNDER STATE BANK OF COUNTRYSIDE, COUNTRYSIDE, ILLINOIS, CREDIT NUMBER 98 -596" and accompanied by: A Statement of one purporting to be the Village Administrator and one purporting to be the Engineer or one purporting to be a duly authorized official of the Village of Lemont certifying that Pat Cronin Construction Co., Inc. has failed to perform all duties and obligations assumed by them in the development of a planned unit development to be known as Abbey Oaks Subdivision, including but not limited to all subdivision improvements required by the Village Engineer and a Lemont Subdivision Ordinance and Ordinance approved said subdivision known as Ordinance no. dated It is a condition of this Letter of Credit that it shall be automatically extended for additional periods of one (1) year unless at least 30 calendar days prior to the then relevant expiration date, we have advised you in writing that we elect not to so extend. In that event, you may draw hereunder on or prior to the relevant expiration date, up to the full amount then available 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 will all endorsers and bonafide holders of all drafts drawn under and in compliance with the terms of this credit that • 6734 Joliet Road Countryside, IL 60525 (708) 485 -3100 (708) 485 -3106 - fax • 6053 W. 79th Street Burbank, IL 60459 (708) 599-9860 (708) 599 -9884 - fax • 16 W 445 S. Frontage Rd. Burr Ridge, IL 60521 (630) 655 -3113 (630) 655 -3159 - fax MEMBER FEDERAL DEPOSIT INSURANCE CORPORATION • 16250 S. LaGrange Road Orland Park, IL 60462 (708) 873-1485 (708) 873 -1508 - fax Irrevocable Letter of Credit no. 98 -596 July 3, 1998 Page Two your drawings in conformity with the terms of the Letter of Credit will be duly honored upon presentation. This documentary credit is subject to the "Uniform Customs and Practice for Documentary Credits" (1974 revision) International Chamber of Commerce (publication no. 290). O- COUNTRYSIDE ice President