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HomeMy WebLinkAbout0000 Catkin Drive - Infrastructure - 11/19/1997VNB Vermont National Bank February 5, 1998 AMENDMENT FOR IRREVOCABLE LETTER OF CREDIT NO. 97: 2000 City of South Burlington 575 Dorset St. South Burlington, Vt. 05403 Dear Sir or Madam: We hereby amend our original letter of Credit #97-2000 in your, favor as follows: 1: Reduce the Letter of Credit amount from $307,509.00 to $211, 448.00 with an expiration date of November 25, 1998. All other terms and conditions remain the same as in the original Letter of Credit dated November 25, 1997. Sincerely yours, VERMONT NATIONAL BANK BY4u �ti _ Monica inn, Assis t Vice President P.O. Box 804, Brattleboro, VT 05302 802.257.7151 �P—t,d—.encI,deap,. Vermont National Bank December 23, 1997 AMENDMENT FOR IRREVOCABLE LETTER OF CREDIT Letter of Credit No. 97-2000 MBL Associates City of South Burlington 575 Dorset St. So. Burlington, VT 05403 Dear Sir or Madam: We hereby amend our original Letter of Credit #97-2000 in your favor as follows: 1. Reduce the Letter of Credit amount from $641,613.00 to $307,509.00 with an expiration date of November 25, 1998. All other terms and conditions remain the same as in the original Letter of Credit dated November 25, 1997. Sincerely yours, VERMONT NATIONAL BANK BY: n r oni a Zinn, A st. Vice Pres. P P.O. Box 804, Brattleboro, VT 05302 802.257.7151 O� P—I'd — ... d'd P'P" Vermont National Bank November 25, 1997 Irrevocable Letter of Credit #97-2000 City of South Burlington Attn: Dick Ward 575 Dorset Street So. Burlington, VT 05403 Dear Sir: We hereby establish in your favor an Irrevocable Letter of Credit for the account of MBL Associates of Burlington, Vermont up to an aggregate amount of Six Hundred Forty -One Thousand Six Hundred Thirteen Dollars and no cents ($641,613.00), effective immediately. This Letter of Credit will expire November 25, 1998. Payment under this Letter of Credit will be made to you upon presentation of the following documents: 1. Sight Draft drawn on the Vermont National Bank for the amount of payment claimed, bearing the clause "Drawn under Vermont National Bank Letter of Credit #97-2000". 2. Evidence that The City of South Burlington has given MBL Associates 30 days notice via Certified Mail of their intent to draw on the Letter of Credit because MBL Associates has defaulted on the Subdivision Letter of Credit Agreement dated November 19, 1997. Unless otherwise expressly stated, this Letter of 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. We hereby agree with the drawers, endorsers and bona fide holders of drafts, in compliance with the terms of this Letter of Credit that such drafts will be honored upon due presentation at Vermont National Bank. ,_� /dmj Sincerely, Michael A. Gv Vice President P.O. Box 1308, 150 Bank Street, Burlington, VT 05402-1308 802-863-89M 802-863-8933 fax 4 Printed on recycled paper SUBDIVISION LETTER OF CREDIT AGREEMENT THIS AGREEMENT,, executed in triplicate between Gerald Milot , of MBL Associates hereinafter referred to as "DEVELOPER", Michael Gingras of Vermont National Bank hereinafter referred to as 'Bank", and City of So. Burlington hereinafter referred to as "MUNICIPALITY". W I T N E S S E T H: WHEREAS, Developer has received final subdivision approval from the MUNLCIPALITY'S Planning Commission for the development of a subdivision consisting of 161 lots and 60 condominium units with related improvements, in a development to be known as "Dorset Farms", as depicted on and in accordance with the specifications as set forth on Sheet of on the final plat plan entitled Dorset Farms dated 8/29/97 prepared by Lamoureux Stone and O'Leary as recorded in Book pages of the Land Records of the City of South Burlington, WHEREAS, DEVELOPER in required by said approval, at its 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 mechanism to secure the obligations of the DEVELOPER for the work an not forth above; and WHEREAS, the BANK executes this Agreement solely in the capacity of issuer of 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: All site improvements - phase 1 (See Attached) 2. The Developer shall complete the improvements set forth in Paragraph 1 no later than, 10/31/98 NOV 18 '97 15:48 CITY OF S BURLINGTON P. 2/4 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 MUNICIPALITY'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 KJNICIPALITY, that in the judgement of the MUNICIPALITY, the DEVELOPER .is in default under the terms of this Agreement, and that the funds to be drawn by the draft are in payment for, or in anticipation of payment for materials, 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 limited only by the aggregate amounts presented in relationship to the maximum amount of the Letter of Credit. If DEVELOPER shall 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 MUNI IPALITY hereby agree that the sum of (S Ul , 6r3_ } 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 by BANK to the MUNICIPALITY under said Letter of Credit shall not be required. NOV 18 '97 15:50 CITY OF 5 BURLINGTON P.3/4 8. The 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 MUNICIPALITY'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 MUNICIPALITY has not delivered 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 hereunder and under said Letter of Credit. 12. Upon request of DEVELOPER, but only at the• sole discretion of the MUNICIPALITY, the MUNICIPALITY 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 SUBDIVISION LETTER OF CREDIT AGREEMENT THIS AGREEMENT,, executed in triplicate between Gerald Milot , of MBL Associates hereinafter referred to as "DEVELOPER", Michael Gingras of Vermont National Bank hereinafter referred to as 'Bank", and City of So. Burlington hereinafter referred to as "MUNICIPALITY". W I T N E S S E T H: WHEREAS, Developer has received final subdivision approval from the MUNLCIPALITY'S Planning Commission for the development of a subdivision consisting of 161 lots and 60 condominium units with related improvements, in a development to be known as "Dorset Farms", as depicted on and in accordance with the specifications as set forth on Sheet of on the final plat plan entitled Dorset Farms dated 8/29/97 prepared by Lamoureux Stone and O'Leary as recorded in Book pages of the Land Records of the City of South Burlington, WHEREAS, DEVELOPER in required by said approval, at its 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 mechanism to secure the obligations of the DEVELOPER for the work an not forth above; and WHEREAS, the BANK executes this Agreement solely in the capacity of issuer of 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: Phase 1 Landscaping and street trees 2. The Developer shall complete the improvements set forth in Paragraph 1 no later than, 10/31/98 T- -- -.1 '-11I Qr ':) 6URLINGTQN R.414 - This shall be theirsre�spectiverheirst execu oralnding on ad�ainl tratlor� rt3es hereto and assigns. , successors and Dated at m '{� l✓``'� 499. Vermont, this 1/9 day of IN T79 PRES NCE OF: J OILf` By: L Duly Authorized Agent (DEVELOPER) Date at �a f� "� Y Vermont, this a of 1 IN PRESENCE OF: Dated at �, /,�'�(c/��j�/� fit. 1991_, By: Vermont, this day of IN P'ESEN E OF- By: 4 Yl Duly Authorized Agent (MUNICIPALITY) PHASE ONE IMPROVEMENTS Midland Avenue STA 0+00 to STA 11+10 Catkin Drive STA 0+00 to STA 10+35 Floral Drive(Street F) STA 0+00 to STA 3+00 Floral Drive(Street D) STA 0+00 to STA 25+08 Includes: Dorset Street Improvements/turn lane and bike path. Provides service to: Lots 59, 95-148, and 158 Condo Units A-H (16 units)