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HomeMy WebLinkAbout0000 Catkin Drive - Landscaping - 4/9/1999 (4)FIRST SAVINGS Vermont National Bank OF NEW HAMPSHIRE August 2, 1999 AMENDMENT FOR IRREVOCABLE LETTER OF CREDIT #99-2104 MBL Associates, LLC City of South Burlington 575 Dorset St. South Burlington, VT 05403 Gentlemen: We hereby amend our original Letter of Credit #99-2104 in your favor as follows: 1. Increase existing Letter of Credit from $373,458.00 to $21,168.00. All other terms and conditions remain the same as in the original Letter Of Credit dated April 6, 1999. Very truly yours, VERMONT NATIONAL BANK r A" 6), - By: S elly Hain, Manager P.O. Box 804 • Brattleboro, VT 05302-0804 • 802.257.7151 Phone CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 July 26, 1999 Michael A. Gingras, V.P. Vermont National Bank P.O. Box 804 Brattleboro, Vermont 05302 Re: Irrevocable Letter of Credit #99-2104 MBL Associates, LLC Dear Mr. Gingras: Please be advised that the City of South Burlington hereby authorizes the reduction in the above referenced letter of credit from $373,458 to $21,168. Please forward anew letter of credit for the amount of $21,168. If you have any questions, please give me a call. Sincer j.Belair, Administrative Officer RJB/mcp L&115 440 SHUNPIKE RD. • WILLISTON, VT 05495 (802)864-0037 Dorset Farms, South Burlington i l tee UNIT UNIT PRICE TOTAL Clearin & Grubbing Erosion Control L.S. $1,700.00 $1,700.00 Stri &Stock ile Topsoil L.S. L.S. $1,600.00 $10,360.00 $1,600.00 $10,360.00 Rou h Grading "Sanita Sewer L.S. $27,790.00 $27,790.00 "Sewer Services " 2714 L.F. 22 EA. $19.50 $560.00 $52,923.00 $12,320.00 Sewer Services Sanita Sewer Manholes 12 EA_ 13 EA. $495.00 $1,850.00 $5,940.00 4" P. E. Storm Drain 1240 L.F. $28.00 $24,050.00 $34,720.00 18" SDR Storm Drain 360 L.F. $21.00 $7,560.00 15" SDR Storm Drain 960 L.F. $18.50 $17,760.00 36" Dia. Catch Basins 11 EA. $1,380.00 $15,180.00 8" Dia. Catch Basins 7 EA. $1,510.00 $10,570.00 ,8" Dia. Storm Manholes 4 EA. $1,750.00 $7,000.00 Underdrain " 5150 L.F. $7.15 $36,822.50 Footin Drain Services " 34 EA. $495.00 $16,830.00 Underdrain Cleanouts 6 EA. $135.00 $810.00 8" D. I. Water Main " 2630 L.F. $18.80 $49,444.00 Gate Valves H drants wNalves 5 EA. $545.00 $2,725.00 3/4" Water Services 5 EA. 56 EA. $1,900.00 $480.00 $9,500.00 $26,880.00 Stabilization Fabric 10440 S.Y. $0.55 $5,742.00 ,7" Plant Mix Gravel 7310 C.Y. $7.75 $56,652.50 T e II As halt 1 " T 8640 S.Y. $4.45 $38,448.00 III As halt 'Concrete Sidewalk 8640 S.Y. 2540 L.F. $2.45 $13.00 $21,168.00 Concrete Curbs 5250 L.F. $8.50 $33,020.00 $44,625.00 Topsoil, Seed within R.O.W. 2560 L.F. $2.75 $7,040.00 Total Estimated Cost $579,180.00 GZ3 Vermont National Bank City of South Burlington 575 Dorset St. South Burlington, Vermont 05403 Re: MBL Associates, LLC Dear Sir/Madam: April 6, 1999 Irrevocable Letter of Credit #99-2104 We hereby authorize you to draw on Vermont National Bank, for the account of MBL Associates, LLC of South Burlington, Vermont to an aggregate amount of Three Hundred Seventy-three Thousand Four Hundred Fifty-eight Dollars and 25/100ths. ($373,458.25) U.S. Currency, available by your sight draft. This Letter of Credit is valid until April 6, 2001. All drafts must bear the following clause: "Drawn as per contract between MBL Associates, LLC and City of South Burlington under Vermont National Bank Letter of Credit #99-2104" for road improvements to Catkin Drive, South Burlington, VT. The drafts presented for payment under this Letter of Credit must be accompanied by a letter from an authorized agent of City of South Burlington (Municipality) stating that the Municipality has given, MBL Associates, LLC (Developer) written notice of default of its performance requirements under an agreement between the Municipality and the Developer, and that said notice was delivered to the Developer at least 60 days in advance of the draft(s). Documents must be delivered to the Vermont National Bank. P.O. Box 1308, Burlington, Vermont 05402; drafts must be drawn and negotiated no later than April 6, 2001. Unless otherwise expressly stated, this credit is subject to the Uniform Customs & Practices for Commercial Documentary credits fixed by the International Chamber of Commerce (1993 Revision), ICC Publication No. 500, and is governed by the Uniform Commercial Code of Vermont, as from time to time amended. P.O. Box 804, Brattleboro, VT 05302 802.257.7151 � Printed on recycled Paper Page 2 City of South Burlington 575 Dorset St. South Burlington, Vermont 05403 #99-2104 We hereby agree with the drawers and bona fide holders of drafts under and in compliance with the terms of this credit that such drafts will be duly honored on due presentation of the drawee. Vermont National Bank Michael Al Gingras Vice President ST-jMDTVT S T®N LETTER O F C RE D T T AGREEMENT THIS AGREEMENT, executed in triplipate between of IL ��� ✓' L. S'c�. i� i eS hereinafter referred tQ as "DEVELOPER", of hereinafter referred to as Bank', and o c>- ) /� % -, , hereinafter referred to as " TCIPALITY". W I T N E S S E T H: WHEREAS, Developer has received final subdivision approval from the MUNICIPALITY'S Planning Commission for the development of a subdivision consisting of — lots with related improvements, in a development to be known as " i - � ", as depicted on and in accordance with the specifications as set forth on Sheet of on the final plat plan entitled �." Su �i its �< / /z� dated - prepared by as recoraeci in BOOK pages the Land Records of the City of South Burlington; 'W-d .RE'AS, DEVELOPER is rog„aired by said approval, at sts own expense, to complete the construction of the development site in accordance with the plan approved by the Planning Commission; and WHEREAS, the parties to this Agreement wish to establish a mecha.iism to secure the obligations of the DEVELOPER for the work as net forth above; and WHEREAS, the BANK executes this Agreement solely in the capacity of issuer oA a Letter of Credit hereinafter specified; NOW, THEREFORE, the parties hereby covenant and agree as follows: 1. DEVELOPER will, at its own expense, complete the following construction as depicted and In accordance with the specifications set forth in said final plat and related documents: 6 e- 2. The Developer shall complete the improvements set forth in Paragraph 1 no later than 1 3. DEVELOPER shall replace or repair any defective or improper work or materials which may be recognized within one year after completion of the improvements set forth in Paragraph 1. For the purpose of this Agreement "completion" shall be deemed to have occurred when the MUNICIPALITY has inspected and approved the construction of all the improvements required by this Agreement and issued written notice to the DEVELOPER that the construction is complete. 4. For the guarantee of DEVELOPER's performance of all requirements hereunder set forth, DEVELOPER has caused the BANK to issue its Irrevocable Letter of Credit in favor of the MUNICIPALITY, the original of which is attached to the MUNICIPALITX's copy of this Agreement, and a copy of which is attached to the DEVELOPER's copy of this Agreement. During the term of this Agreement- DEVELOPER shall cause the attached Letter of Credit to be renewed at least thirty (30) days before the maturity date thereof. Failure of DEVELOPER to deliver evidence of such renewal to MUNICIPALITY thirty (30) days prior to the date of expiration of said Letter of Credit shall constitute a default of the terms of this Agreement. 5. Said irrevocable Letter of Credit provides that the drafts drawn under said credit, must be accompanied by a written statement signed by a duly authorized agent of the .-''UNTCIPALITY, that in the judgemer.v ::f the MUNICIPALITY, the DEVELOPER is in default under t+ he terms of this Agreement, and that the funds to be drawn by the draft are in payment for, or in anticipation of payment for material&, labor and services required for completion of the improvements identified in Paragraph 1. Payment of each draft will be made at sight when presented to the BANK by the MUNICIPALITY, the payment I.imited only by the aggregate amounts presented in relationship to the maximum amount of the Letter of Credit. If DEVELOPER ;'tall be in default of the Agreement for seven (7) days because of its failure to provide evidence of renewal of the Letter of Credit, required in paragraph 4 above, the MUNICIPALITY shall notify DEVELOPER by certified mail of said default. DEVELOPER shall then within three (3) business days provide MUNICIPALITY with evidence of said renewal of Letter of Credit or MUNICIPALITY may notify BANK of such default and request payment under said Letter of Credit. 6. The DEVELOPER and MUNICIPALITY hereby agree that the sum of ($�5? S 6. 5 ) shall be sufficient to secure DEVELOPER's obligations under this Agreement but shall not relieve DEVELOPER from the obligation to pay any additional costs, if actual costs exceed the above -stated cost. 7. The MUNICIPALITY will promptly submit to the DEVELOPER a copy of any draft it submits to the BANK. The consent of the DEVELOPER to payment of said draft byy BANK to the MUNICIPALITY under said Leer of Credit shall not be required. 2 8.'Th.e MUNICIPALITY shall not file with the BANK a Statement of Default until ten (10) days after notice has been sent to the DEVELOPER, by certified mail, setting forth its intention to do so. 9. All funds drawn, on the BANK by the MUNICIPALITY pursuant to the Letter of Credit shall be used solely by the MUNICIPALITY for the purpose of completing construction of the improvements identified in Paragraph 1. Any work contracted for by the MUNICIPALITY pursuant hereto shall be let on a contractual basis, or on a time and material basis, or shall be performed by the Mb'NICIPA..LIITY's own work force and equipment, or shall be accomplished in such other manner as in the judgement of the MUNICIPALITY shall accomplish the work more expeditiously and economically. 10. If payments are drawn on the BANK by the MUNICIPALITY pursuant to said Letter of Credit, and it shall later develop that a portion of the monies drawn are in excess of the MUNICIPALITY'S needs, any such excess amount shall be refunded by the MUNICIPALITY to the BANK, to be credited by said BANK to the DEVELOPER. 11. This Agreement and said Letter of Credit shall terminate and shall. be of no force and effect upon completion of the one year warranty period as described in the above Paragraph 3. If the MJIti1t.;IPAI,ITY has not deliverea any written notice to the DEVELOPER of any defective or improper work or materials in the construction of the improvements within the twelve (12) month period, or if notice has been given and the defective work or materials have been corrected by the DEVELOPER, the MUNICIPALITY shall forthwith notify the BANK in writing that the Letter of Credit may be canceled, and shall return the original Letter of Credit to the BANK, and both the DEVELOPER and the BANK shall be released from all obligations herei.,ndcr and under said Letter of Credit. 12. Upon request of DEVELOPER, but only at the sole discretion of the MUNICIPALITY, the IMU'NICIPALITY may agree to reduce the amount of said Letter of Credit required hereunder if the MUNICIPALITY believes that the full amount of said Letter of Credit is no longer necessary to protect its interest, and shall. notify the BANK in writing of such reduction in the amount of the Letter of Credit. 13. The BANK may not modify the Letter of Credit without first receiving written consent of the MUNICIPALITY. 14. DEVELOPER hereby agrees to indemnify and hold BANK harmless from all claims, causes of action or liability of any kind arising out of this Agreement or the issuance by BANK of this Letter of Credit, including attorney's fees, as long as BANK follows the terms and conditions outlined in said Letter. of Credit. 3 15. This Agreement shall be binding on all parties hereto and their respective heirs, executors, administrators, successors and assigns. zll__� ted at G 55l -% Vermont, this day of � , 199 . IN THE PRESENCE F: By: Duly Authorized Agent (DEVELOPER) ated at , T , 199 IN PRE ENCE OF: Vermont, this day of Duly A, orized �'Agent (BANK) Daft d at, Vermont, this day ofl Jr IN PRESENC- OF: By: — - Duly Authorized Agent (MUNICIPALITY) 4