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CCR1989146COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #146-89 APPROVAL OF SUBDIVIDER'S AGREEMENT AND LETTER OF CREDIT (Dorothy Vesbach) WHEREAS, the Subdivider's Agreement has been submitted for the Dorothy Vesbach property, and WHEREAS, the Finance Committee has recommended approval. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby approve the Subdivider's Agreement as attached, subject to the approval of the City Attorney. DATED THIS DAY OF , 1989. FINANCE COMMITTEE Ald. Edwin P. Dumke Ald. Daniel J. Hilt Ald. Harold L. Sanders ATTEST : City Clerk IRREVOCABLE STANDBY LETTER OF CREDIT State Bank Hales Corners 10708 W. Janesville Rd. Hales Corners. WI 53130 INAYE u1D ADDRESS OF ISSUING BANK1 AMOUNT $65,500.00 TO City of Muskego Muskego, WI 53150 NO. 8905 WE HEREBY AUTHORIZE YOU TO DRAW ON US FOR THE ACCOUNT OF UP TO AN AGGREGATE AMOUNT OF $65,500.00 AVAILABLE BY YOUR ORAFTlSl AT SIGHT TO BE ACCOMPANIED BY We hereby issue this Irrevocable Standby Letter of Credit in your favor (the beneficiary's) which is available by beneficiary's draft(s) at sight drawn on State Bank Hales Corners, Hales Corners, Wisconsin, Each draft and accompanying documents must state "Drawn under State Bank Hales Corners, Hales Corners, Wisconsin, Letter of Credit No. 8905 'Ibis Standby Letter of Credit is to provide security to the City of Muskego for the performance of Dorothy Vesbach, obligations to complete the construction of all improve- ments required by subdividers agreement between Dorothy Vesbach and the City of Muskego property reference currently known as Vesbach Property Development-Woods Road. Drafts are to be accompanied by a statement by the Mayor of the City of Muskego stating 6 hat Dorothy Vesbach has failed to complete the construction of all improvements in cordance with said agreement. Said agreement shall- forth the estimated amnt necessary for the City of Muskego to complete such improvements Special Conditions: It is hereby agreed by all parties hereto that the reference to "Agreement" is for identification purposes only and such reference shall not be construed in any manner to require State Bank Hales Corners, Hales Corners Wisconsin, to inquire into its terms SPECIAL INSTRUCTIONS: ALL BANKING CHARGES OTHER THAN ISSUING BANKS ARE FOR BENEFICIARY'S ACCOUNT PARTIAL DRAWINGS PERMITTED NOT PERMITTED. ALL DRAFTS MUST BE MARKED "DRAWN UNDER LElTER OF CREDIT OF State Bank Hales Corners IMAM€ Of lSyllNC B4NKI May 17 90 . 19- Stock No. 11244 and obligations. The total amount of the Irrevocable Standby Letter of Credit, shall be reduced as per the City of Muskego’s inspection and approved as work is completed. We hereby agree with you that drafts drawn under and in compliance with the terms of the above mentioned drawee bank on or before May 17, 1990. however, State Rank Hales Corners, Hales Corners, Wisconsin, shall give written notice This Standby Letter of Credit will terminate on the 17th day of May, 1990, ?rovided to the beneficiary of its intention to terminate this Standby Letter of Credit at least ninty (90) days prior to said 17th day of May, 1990. After said date, this Letter of Creditcan only terminate upon ninty (90) days written notice to the beneficiary. ?his ckedit is subject to the Uniform Customs and Practice for Documentary Credits (1983 Revision) International Chamber of Commerce Publications 400. i I the Irrevocable Standby Letter of Credit No. 8905 will be duly honored and ?resented to li lhls agrement. made this day of , 1989. by and between Dorbthy Veslrach , the "Developer", end the CIIY OF MUSKEGO, a e. nlunlclpal cotporatlotl of the State of wjscotrslll, located 111 Waukesha Courlty, hereinafter called tlte "City" -2- SECIIOII XIV _-_- - rINAllCIAL -~ GUAlMlIIEE ," - Prior to exwlrtlotl of thls cotltract by the city, Lhe kveloper sltatl file wtllt the Ctty a letter of tredlt, setttnq furllr tetnts and cullditlolrs alrlwoved by the City Attorney In the atltuutlt of I BS a guatantee that the l,eqult,ed Irrlprovewents wtll be completed by the Developer and his subcontractors no later tllall we (I) year from the dale of the recording of the flnal Certlfied Survey Hap, or Llle date of llle ayt.eencnt, whichever date comes Ilrst, and as a further guarantee that all obllcatlulls to the subco~~tractors for work on the develop- nent oro satlsfied. 0 -4- Uorothy Vesbacll -5-