Fillable ATTN: Public Works Department Sussex County Council #2 (Sussex County Council)

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ATTN: Public Works Department Sussex County Council #2 (Sussex County Council)

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ATTN: Public Works Department
Sussex County Council
#2 The Circle, P.O. Box 589
Georgetown, DE 19947
RE: WARRANTY
IRREVOCABLE COMMERICAL LETTER OF CREDIT NO. ________________
AGREEMENT NO. __________________
___________________________________________(NAME OF SUBDIVISION)
private roads and the associated drainage construction, water supply facilities,
wastewater or sanitary sewer facilities, forested or landscaped buffer strips or
any other improvements deemed necessary by the Sussex County Engineering
Department, Sussex County Council, and/or Sussex County Planning and Zoning
Commission.
Councilmembers:
We hereby establish our Irrevocable Commercial Letter of Credit in favor of Sussex
County Council, #2 The Circle, Georgetown, Delaware, as beneficiary at the request of,
and for the account of ____________________________________ (DEVELOPER) for
an amount or amounts not to exceed ______________________________________
(DOLLARS).
This letter of credit is subject to the following terms and conditions:
1. Effective Date: ________________________
2. Expiration Date: _______________________
3. This credit is to be available by sight draft being presented to
_____________________(BANK) at its main office at
______________________________(ADDRESS). All drafts so drawn must
bear the clause “Drawn under _______________________________(BANK)
letter of credit number ________________ dated ___________________.
4. The Developer is responsible to complete the construction work as defined by
the plans and the project including any amenities to a point of acceptance by the
Sussex County Engineer covering the materials, construction, construction
administration and construction inspection for private roads and the associated
drainage improvements, water supply facilities, wastewater or sanitary sewer
facilities, forested or landscaped buffer strips or any other improvements deemed
necessary by the Sussex County Engineering Department, Sussex County
Council, and/or Sussex County Planning and Zoning Commission and to remedy
any defects or issues of said construction work discovered by Sussex County
prior to Final Acceptance, and the irrevocable letter of credit in favor of Sussex
County Council, Sussex County, Delaware, pertaining thereto.
5. The sight draft must be signed by an authorized representative of the Sussex
County Council stating, “ ____________________________ (DEVELOPER) has
failed to complete the construction work as defined by the plans and the project
including any amenities to a point of acceptance by the Sussex County Engineer
with _______________ (AGREEMENT NO.)____________________________
_______________________________ (NAME OF SUBDIVISION) covering the
materials, construction, construction administration and construction inspection
for private roads and the associated drainage improvements, water supply
facilities, wastewater or sanitary sewer facilities, forested or landscaped buffer
strips or any other improvements deemed necessary by the Sussex County
2
Engineering Department, Sussex County Council, and/or Sussex County
Planning and Zoning Commission or failed to remedy any defects or issues
discovered by the County prior to Final Acceptance and the irrevocable letter of
credit in favor of Sussex County Council, Sussex County, Delaware, pertaining
thereto. Demand is hereby made in the amount of the enclosed draft.”
6. Except as otherwise stated herein, no modifications or revocations may be made
by the undersigned to the irrevocable credit created hereby, without the express
written approval of the Sussex County Council.
7. Drafts drawn in favor of Sussex County Council shall not relieve the Developer of
any other liability it may have for the satisfactory completion of the aforesaid
work.
8. Except insofar as otherwise expressly stated, this Credit is to be governed and
construed in accordance with Delaware law, and to the extent not inconsistent
therewith, the “Uniform Customs and Practices for Documentary Credits (2007
revision) International Chamber of Commerce, Publication No. 600.”
Very truly yours,
____________________________ __________________________________
Witness Bank
3
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ATTN: Public Works Department Sussex County Council 2 (Sussex County Council)

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Completed 18 July 2020

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