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Home My WebLink AboutLetter of Credit/Omni Glass And Paint .t> )I. JPMorganChase 0 JPMorgan Chase Bank, N.A. c/o JPMorgan Treasury Services Global Trade Services 10420 Highland Manor Drive Tampa, FL 33610 MAY 18, 2007 OUR L/C NO.: CTCS-330771 STANDBY LETTER OF CREDIT NO. CTCS-330771 BENEFICIARY: CITY OF OSHKOSH 215 CHURCH AVENUE OSHKOSH, WI 54902 LADIES AND GENTLEMEN: AT THE REQUEST OF: APPLICANT: OMNI GLASS AND PAINT, INC. 2010 DICKINSO~ AVENUE OSHKOSH, WI 54904 ATTN: CARRIE JOHNSON WE HEREBY ISSUE IN YOUR FAVOR OUR IRREVOCABLE CREDIT NO. CTCS-330771 FOR THE ACCOUNT OF OMNI GLASS AND PAINT, INC. FOR AN AMOUNT OR AMOUNTS NOT TO EXCEED IN THE AGGREGATE U.S. $23,258.00 (TWENTY THREE THOUSAND TWO HUNDRED FIFTY EIGHT AND 00/100 U.S. DOLLARS) AVAILABLE BY YOUR DRAFTS AT SIGHT ON JPMORGAN CHASE BANK, N.A., CHICAGO, IL EFFECTIVE IMMEDIATELY AND EXPIRING AT OUR OFFICE ON DECEMBER 31, 2010. FUNDS UNDER THIS CREDIT ARE AVAILABLE AGAINST YOUR DRAFT (S) MARKED IIDRAWN UNDER JPMORGAN CHASE BANK, N.A. LETTER OF CREDIT NO. CTCS-330771" ACCOMPANIED BY THE FOLLOWING: 1) BENEFICIARY'S DATED STATEMENT ON COMPANY LETTERHEAD SIGNED BY AN AUTHORIZED OFFICIAL OF CITY OF OSHKOSH (SIGNED AS SUCH) READING AS FOLLOWS: "OUR DRAFT REPRESENTS AN AMOUNT DUE US AS OMNI GLASS AND PAINT, INC. HAS FAILED TO PAY THE INVC?ICE(S) DUE FOR MONITORING AND INSPECTING THE CONSTRUCTION OF PUBLIC INFRASTRUCTURES BY OMNI GLASS AND PAINT, INC. AND NON-PERFORMANCE OF WORK TO BE PERFORMED. WE HEREBY DEMAND PAYMENT OF U.S.$ UNDER JPMORGAN CHASE BANK, N.A. LETTER OF CREDIT NO. CTCS- 180759 Emelia 50S. Page 1 of 2 -~ JPMorganChase 0 JPMorgan Chase Bank, N.A. c/o JPMorgan Treasury Services Global Trade Services 10420 Highland Manor Drive Tampa, FL 33610 MAY 18, 2007 OUR L/C NO.: CTCS-330771 330771.11 2) COPY OF COMMERCIAL INVOICE(S) MARKED "PAST DUE AND UNPAID.II WE HEREBY ENGAGE WITH YOU THAT DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS CREDIT WILL BE DULY HONORED UPON PRESENTATION AT OUR COUNTERS AT 300 SOUTH RIVERSIDE PLAZA, MAIL CODE IL1- 0236, STANDBY LETTER OF CREDIT UNIT, CHICAGO, IL 60606-0236 ON OR BEFORE THE EXPIRATION DATE HEREOF. THE ORIGINAL LETTER OF CREDIT MUST ACCOMPANY THE DOCUMENTS PRESENTED UNDER THIS LETTER OF CREDIT. THIS LETTER OF CREDIT MAY BE CANCELLED PRIOR TO EXPIRATION PROVIDED THE ORIGINAL LETTER OF CREDIT (AND AMENDMENTS, IF ANY) ARE RETURNED TO JPMORGAN CHASE BANK, N. A., AT OUR ADDRESS AS INDICATED HEREIN, WITH A STATEMENT SIGNED BY THE BENEFICIARY STATING THAT THE ATTACHED LETTER OF CREDIT IS NO LONGER REQUIRED AND IS BEING RETURNED TO THE ISSUING BANK FOR CANCELLATION. THIS LETTER OF CREDIT IS GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, AND, EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, TO THE INTERNATIONAL STANDBY PRACTICES, ICC PUBLICATION NO. 590 (THE IIISP9811), AND IN THE EVENT OF ANY CONFLICT, THE LAWS OF THE STATE OF NEW YORK WILL CONTROL, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS. PLEASE ADDRESS ALL CORRESPONDENCE REGARDING THIS LETTER OF CREDIT TO THE ATTENTION OF THE STANDBY LETTER OF CREDIT UNIT, 300 S. RIVERSIDE PLAZA, MAIL CODE IL1-0236, CHICAGO, IL 60606-0236, INCLUDING THE LETTER OF CREDIT NUMBER MENTIONED ABOVE. FOR TELEPHONE ASSISTANCE, PLEASE CONTACT THE STANDBY CLIENT SERVICE UNIT AT 1-800-634-1969, SELECT OPTION 1, AND HAVE THIS LETTER OF CREDIT NUMBER AVAILABLE. dO-dJi )n WlJ:z AUTHORIZED SIGNATURE 180759 Emelia 50sa Page 2 of 2 . ~. JPMorganChase 0 JPMorgan Chase Bank, N.A. c/o JPMorgan Treasury Services Global Trade Services 10420 Highland Manor Drive Tampa, FL 33610 JON 12, 2007 OUR L/C NO.: CTCS-330771 AMENDMENT NO.: 1 TO: CITY OF OSHKOSH 215 CHURCH AVENUE OSHKOSH, WI 54902 APPLICANT: OMNI GLASS AND PAINT, INC. 2010 DICKSON AVENUE OSHKOSH, WI 54901 ATTN:CARRIE JOHNSON IN ACCORDANCE WITH INSTRUCTIONS RECEIVED, THE ABOVE REFERENCED STANDBY LETTER OF CREDIT HAS BEEN AMENDED AS FOLLOWS: RECEIVER'S REFERENCE: NONREF FOURTH PARAGRAPH OF PAGE 2 OF OUR STANDBY LETTER OF CREDIT IS DELETED AND REPLACED WITH: THIS LETTER OF CREDIT IS GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF WISCONSIN, AND, EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, TO THE INTERNATIONAL STANDBY PRACTICES, ICC PUBLICATION NO. 590 (THE "ISP98"), AND IN THE EVENT OF ANY CONFLICT, THE LAWS OF THE STATE OF WISCONSIN WILL CONTROL, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS. ALL OTHER TERMS AND CONDITIONS OF THE CREDIT REMAIN UNCHANGED. ()1~);; ~ AUTHORIZED SIGNATURE 181145 Emelia 50sa Page 1 of I ,s:.-.:""~ ~. JPMorganChase 0 JPMorgan Chase Bank, N.A. c/o JPMorgan Treasury Services Global Trade Services 10420 Highland Manor Drive Tampa, FL 33610 MAY 18, 2007 OUR L/C NO.: CTCS-330772 STANDBY LETTER OF CREDIT NO. CTCS-330772 BENEFICIARY: CITY OF OSHKOSH 215 CHURCH AVENUE OSHKOSH, WI 54902 LADIES AND GENTLEMEN: AT THE REQUEST OF: APPLICANT: OMNI GLASS AND PAINT, INC. 2010 DICKINSON AVENUE OSHKOSH, WI 54904 ATTN: CARRIE JOHNSON WE HEREBY ISSUE IN YOUR FAVOR OUR IRREVOCABLE CREDIT NO. CTCS-330772 FOR THE ACCOUNT OF OMNI GLASS AND PAINT, INC. FOR AN AMOUNT OR AMOUNTS NOT TO EXCEED IN THE AGGREGATE U.S. $321,200.00 (THREE HUNDRED TWENTY ONE THOUSAND TWO HUNDRED AND 00/100 U.S. DOLLARS) AVAILABLE BY YOUR DRAFTS AT SIGHT ON JPMORGAN CHASE BANK, N.A., CHICAGO, IL EFFECTIVE IMMEDIATELY AND EXPIRING AT OUR OFFICE ON DECEMBER 31, 2010. FUNDS UNDER THIS CREDIT ARE AVAILABLE AGAINST YOUR DRAFT (S) MARKED "DRAWN UNDER JPMORGAN CHASE BANK, N.A. LETTER OF CREDIT NO. CTCS-33077211 ACCOMPANIED BY THE FOLLOWING: 1) BENEFICIARY'S DATED STATEMENT ON COMPANY LETTERHEAD SIGNED BY AN AUTHORIZED OFFICIAL OF CITY OF OSHKOSH (SIGNED AS SUCH) READING AS FOLLOWS: "OUR DRAFT REPRESENTS AN AMOUNT DUE US AS OMNI GLASS AND PAINT, INC. HAS FAILED TO PAY INVOICES DUE FOR NON-PERFORMANCE OF WORK. WE HEREBY DEMAND PAYMENT OF U.S.$ UNDER JPMORGAN CHASE BANK, N.A. LETTER OF CREDIT NO. CTCS-330772.11 180604 Erneli. Sosa Page 1 of 2 ~;,~; JPMorganChase 0 JPMorgan Chase Bank, N.A. c/o JPMorgan Treasury Services Global Trade Services 10420 Highland Manor Drive Tampa, FL 33610 MAY 18, 2007 OUR L/C NO.: CTCS-330772 2) COpy OF COMMERICAL INVOICE(S) MARKED "PAST DUE AND UNPAID.II WE HEREBY ENGAGE WITH YOU THAT DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS CREDIT WILL BE DULY HONORED UPON PRESENTATION AT OUR COUNTERS AT 300 SOUTH RIVERSIDE PLAZA, MAIL CODE IL1- 0236, STANDBY LETTER OF CREDIT UNIT, CHICAGO, IL 60606-0236 ON OR BEFORE THE EXPIRATION DATE HEREOF. THE ORIGINAL LETTER OF CREDIT MUST ACCOMPANY THE DOCUMENTS PRESENTED UNDER THIS LETTER OF CREDIT. THIS LETTER OF CREDIT MAY BE CANCELLED PRIOR TO EXPIRATION PROVIDED THE ORIGINAL LETTER OF CREDIT (AND AMENDMENTS, IF ANY) ARE RETURNED TO JPMORGAN CHASE BANK, N .A., AT OUR ADDRESS AS INDICATED HEREIN, WITH A STATEMENT SIGNED BY THE BENEFICIARY STATING THAT THE ATTACHED LETTER OF CREDIT IS NO LONGER REQUIRED AND IS BEING RETURNED TO THE ISSUING BANK FOR CANCELLATION. THIS LETTER OF CREDIT IS GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, AND, EXCEPT AS OTHERWISE EXPRESSLY STATED _'__'_~""i!"""_'''''''''_~''''''''''''''_'''"'~:<~~~~"t'- HEREIN, TO THE INT~RNATIONAL STANDBY PRACTICES, ICC PUBLICATION NO. 590 (THE "ISP9811), AND IN THE EVENT OF ANY CONFLICT, THE LAWS OF THE STATE OF NEW YORK WILL CONTROL, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS. PLEASE ADDRESS ALL CORRESPONDENCE REGARDING THIS LETTER OF CREDIT TO THE ATTENTION OF THE STANDBY LETTER OF CREDIT UNIT, 300 S.RIVERSIDE PLAZA, MAIL CODE IL1-0236, CHICAGO, IL 60606-0236, INCLUDING THE LETTER OF CREDIT NUMBER MENTIONED ABOVE. FOR TELEPHONE ASSISTANCE, PLEASE CONTACT THE STANDBY CLIENT SERVICE UNIT AT 1-800-634-1969, SELECT OPTION 1, AND HAVE THIS LETTER OF CREDIT NUMBER AVAILABLE. dOJ~ /h ~ AUTHORIZED SIGNATURE 180604 Emelia Sosa Page 2 of 2 ~:<'lt-__ -~ JPMorganChase 0 JPMorgan Chase Bank, N.A. c/o JPMorgan Treasury Services Global Trade Services 10420 Highland Manor Drive Tampa, FL 33610 JON 12, 2007 OUR L/C NO.: CTCS-330772 AMENDMENT NO.: 1 TO: CITY OF OSHKOSH 215 CHURCH AVENUE OSHKOSH, WI 54902 APPLICANT: OMNI GLASS AND PAINT, INC. 2010 DICKSON AVENUE, OSHKOSH, WI 54904 ATTN: CARRIE JOHNSON IN ACCORDANCE WITH INSTRUCTIONS RECEIVED, THE ABOVE REFERENCED STANDBY LETTER OF CREDIT HAS BEEN AMENDED AS FOLLOWS: RECEIVER'S REFERENCE: NONREF FOURTH PARAGRAPH OF PAGE 2 OF OUR STANDBY LETTER OF CREDIT IS DELETED AND REPLACED WITH: THIS LETTER OF CREDIT IS GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF WISCONSIN, AND, EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, TO THE INTERNATIONAL STANDBY PRACTICES, ICC PUBLICATION NO. 590 (THE "ISP98"), AND IN THE EVENT OF ANY CONFLICT, THE LAWS OF THE STATE OF WISCONSIN WILL CONTROL, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS. ALL OTHER TERMS AND CONDITIONS OF THE CREDIT REMAIN UNCHANGED. r;4 . ~ ~~JIlI . AUTHORIZED SIGNATURE 181103 Emelia Sosa Page 1 of 1