R90-176R SO ,UT O / ?A
A RESOLUTION OF THE CITY OF BOYNTON
BEACH, FLORIDA, APPROVING THE ACCEPTANCE
OF THE FIRST AMENDMENT TO THE MINDY HILL
SURETY AGREEMENT FOR THE "BLUM PLAT",
AND THE RELATED LETTER OF CREDIT.
WHEREAS, HILL was unable to obtain the Letter of Credit
in compliance with the conditions of the Agreement as
~reviously approved by the City Commission on May 15, 1990;
.nd
WHEREAS, the First Amendment and Letter
~ttached hereto reflect the changes modifying the
~greement to provide for a letter of credit which
)btain and which is acceptable to City Staff and
%ttorney;
of Credit
original
HILL can
the City
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
~HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. That the attached Agreement and letter
)f credit are hereby accepted and approved by the City
lommission.
PASSED ANDADOPTED this
day of /~2~-~, 1990.
CITY
BEACH, FLORIDA
Commissioner
CommissiOner ~
%TTEST:
[C~r_po~ate Seal)
Prepared by:
Lee B. Gordon, Esquire
Boose, Casey, Ciklin, Lubitz,
Martens, McBane & O'Connell
Northbridge Tower I - 18th Floor
515 North Ftagler Drive
West Palm Beach, Florida 33401
RETURN TO:
~ay ~ussman, Esqulre
Josias & Goren, P.A.
3099 East Commercial Boulevard
Suite 200
Ft. Lauderdale, Florida 33309
FIRST AMENDMENT TO THE AGREEMENT BETWEEN CITY OF
BOYNTON BEACH, A MUNICIPAL CORPORATION OF THE
STATE OF FLORIDA AND MINDY HILL PROVIDING FOR THE
SUBSTITUTION OF SURETY FOR THE BLUM PLAT LOCATED
IN PALM BEACH COUNTY, FLORIDA
.THIS FIRST AMENDMENT TO THE AGREEMENT entered into between the
CITY OF BOYNTON BEACH, a municipal corporation of the State of
Florida (hereinafter referred to as "CITY"), through its Board of
Commissioners, and MINDY HILL, an individual (hereinafter
referred to as "HILL").
WI TNE S S E TH:
WHEREAS, CITY and HILL entered into that cer=ain Agreement
Between City of Boynton Beach, A Municipal Corporation Of The
State Of Florida And Mindy Hill Providing ~For The Substitution Of
Surety For The Blum Plat Located In Palm Beach County, Florida
(hereinafter referred to as the HAgreement~), dated September 7,
1990, and recorded October 10, 1990 in Official Record Book 6605,
Page 1327, in the Public Records of Palm Beach County, Florida; and
W~EREAS, because HILL was unable to obtain the LETTER OF
CREDIT in compliance with the conditions of the Agreement, HILL
has requested-that the CITY permit HILL to obtain the LETTER OF
CREDIT upon the terms and conditions as are hereinafter set
forth; and
W~EREAS, CITY is agreeable to permit the modification of the
Agreement upon the terms and conditions as set forth hereinbelow.
NOW, T~EREFORE, in consideration of the mutual terms,
conditions, promises, covenants and payments s~t forth~ CITY and
HILL agree as follows:
1.0 CITY and HILL hereby ratify and confirm as true and correct
the foregoing whereas clauses.
2.0 Paragraph 2.0 of the Agreement is hereby amended to reflect
that the LETTER OF CREDIT (as defined in the Agreement)
shall be initially issued for a one (t) year term, with
automatic one (1) year extensions thereafter. Notwithstanding
the foregoing, the issuing bank may cancel the LETTER OF
CREDIT at the expiration of the initial term or any subsequent
renewal term provided that CITY and HILL are furnished with
at least sixty (60) days prior written notice of issuing bank's
intention to cancel. In such event, HILL shall have up to
fifteen (15) calender days from the date of such cancellation
2
notice within which to provide CITY with a substitute letter
of credit upon the same terms and conditions as the one
being cancelled. If HILL fails to provide a substitute
letter of credit within the said fifteen (15) calendar day
period, CITY may, at its option, draw upon the entire LETTER
3.0
this
OF CREDIT, for which HILL consents t-hereto. HILL hereby
specifically waives any right to object to such draw by CITY
notwithstanding the then current status of the construction
of the IMPROVEMENTS (as defined
acknowledges and agrees that CITY shall have
option to immediately draw upon the entire
LETTER OF CREDIT following the expiration of
fifteen (15) calendar day period.
Except as specifically modified herein,
otherwise remain unmodified and in full
signing by and through
execute same by CITY on
in the Agreement). HILL
the right and
amount of the
the aforesaid
the Agreement shall
force and-effect.
IN WITNESS WHEREOF, the parties hereto have made and executed
First Amendment on the respective dates under each signature.
THE CITY OF BOYNTON BEACH, through its Board of Commissioners
its Chairman and Secretary authorized to
the ~ day of ~///~w=-~, 1990.
"CITY"
CITY OF BOYNTON BEACH
Witnes?
BOAR~O? COMI~IS~IONERS
By:
GENE MOO~E
Atte:
Attorney
Approved As To Legal Form By City
For The City Of Boynton Beach, Florida
/
Josias & Gor~, P.A.
3099 East Commercial Boulevard
Suite 200
Fort Lauderdale, Florida 33309
305-771-4500
Witness
"HILL"
MINDY HILL
Date:
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and County aforesaid to take acknow-
ledgements, personally appeared ~A¥0R GENE MOORE , as Chairman
of the Board of Commissioners of the City of Boynton Beach,
Florida, to me known to be the person described in and who
executed the foregoing instrument and he acknowledged before me
that he executed the same.
WITNESS my hand and official seal in the State and County
last aforesaid this 27th day of . NOVEMBER , 1990.
My Commission Expi~'d~,
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in .the State and County aforesaid to take acknow-
ledgements, personally appeared SUZANNE M. K~USE , as City Clerk,
of the Board of Commissioners of the City of Boynton Beach
Florida, to me known to be the person described in and who
executed the foregoing instrument and he acknowledged ~sfo~e me
that he executed the same. ,,- ~\~
WITNESS my hand and official seal in the State-:;~\ ~o~:
last aforesaid, this 27thday of N0VE~EK 1990~
//
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and County aforesaid to take acknow-
ledgements, personally appeared JAMES A. CHEROF, as City Attorney
of the City of Boynton Beach, Florida, to me known to be the person
described in and who executed the foregoing instrument and he
acknowledged before me that he executed the same.
WITNESS my hand¢ and. official,~ seal in the State and County
last aforesaid this,~.'~day of
· ~ ~ '.~-~,~,'-¢'~ , 1990.
5
STATE OF FLORIDA
COUNTY OF PAL~ BEACH
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and C~unty aforesaid to take acknow-
ledgements, personally appeared MINDY HILL, to me known to be the
person described i~. and who executed the foregoing instrument and
she acknowledged before me ~hat she executed the same.
WITNESS my hand ,aDd official seal in the State and County
last aforesaid this /~day of ~t3~/~ , 1990.
My Commission Expires:
6
RECORD VERIFIED
~ALM REACH COUNTY, FLA
JOHN B. DUNKLE
CLERK CIRCUJ T COURt
city oX
Boyn on Beach
100 E. '3B/ntort BeacI~ Boulevard
'p.O. Box310
Boyncon Beach, Florid~ 33425-0310
Oty Ha!l: (407' 734-8111
F:xTt': (4071738- 7459
December 10, 1990
Boose, Caseyr Ciklin, Lubitz
Northbridge Tower I 18th Floor
515 North Flagler Drive
West Palm Beach, FL 33401
RE: Return of $1.60 and a copy of
to the Agreement mabe between
Beach and Mind.y Hill
the First Amendmen~
The City of Boynton
To Whom It May Concern~
Attached please find a copy of the above mentioned agreement
which was recorded in Palm Beach County on November 30, 1990.
Also attached is $1.60 which was returned no us ~or overpayment
from the recording department.
I~ you have any questions, please do non hesitate to contac~
me.
Sincerely,_
CITY OF BOYNTON BEACH
mas
attachments
Peggy ~nite Boulle
Deputy City Clerk