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R00-179RESOLUTION NO. R00-/~'~' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND ACCEPTING A LE1-FER OF CREDIT SUBMITTED FOR THE PROJECT KNOWN AS BAY VISTA, AND ISSUED BY COMERICA BANK, (NO. 562451-04) IN TIlE AMOUNT OF $338,580.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff, does hereby accept the above referenced Letter of Credit (No. 562451-04) from Comerica Bank, in the amount of $338,580.00, as surety for the construction of the potable water and sanitary sewer systems for the project known as Bay Vista. NOW, THEREFORE, BE I'T RESOLVED BY THE C'rTY COMMTSSTON OF THE CZI'Y OF BOYNTON BEACH, FLORI'DA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida hereby approves and accepts a Letter of Credit (No. 562451-04) from Comerica Bank, in the amount of $338,580.00, as surety for the construction of the potable water and sanitary sewer systems for the project known as Bay Vista. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this /~ day of December. 2000. CITY O FLORIDA Commissioner /~C~C~m mifs~on er~ TELEX: 3772134 MNB INTL DET SWIFT: MNBD US 33 FAX : (313) 222-9324 IRREVOCABLE STANDBY LETTER OF CREDIT NO. 562451-04 Letter of Credit Division COMERICA BANK ONE DETROIT CENTER 500 WOODWARD AVENUE 24TM FLOOR, MC 3341 DETROIT, MI 48226-3341 (~ DATE OF ISSUE: NOVEMBER 30, 2000 BENEFICIARY: CITY OF BOYNTON BEACH DEPARTMENT OF DEVELOPMENT 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA 33425 ~rE HEREBY OPEN OUR CLEAN IRREVOCABLE STANDBY LETTER OF CREDITNO. 562451-00 IN YOUR FAVOR, FOR ACCOUNT OF ALTMAN DEVELOPMENT CORPORATION. 2201 CORPORATE BOULEVARD, N.W., SUITE 200, BOCA RATON, FL 33431 FOR THE SUM OF THREE HUNDRED THIRTY EIGHT THOUSAND FIVE HUNDRED EIGHTY DOLLARS CUSD$338,580.00) AVAILABLE BY YOUR DRAFT(S) AT SIGHT ON COMERICA BANK, 500 WOODWARD AVENUE, DETROIT, MICHIGAN 48226-3341. WHEN ACCOMPANIED BY: A WRITTENSTATEMENT.. SIGNED BY ONE PURPORTING TO BE AN AUTHORIZED OFFICIAL OF THE CITY OF BOYN~O~ [, DE ~TI]R ENT~¢~.,i~ DEVELeO~NT, S ~ '~q~NT~ ,~P~ F'REA NQ~RY PUB 'C, ~l~C1 .,04SSTATING THE FOL :" FY xrx~T FUB~S tf~RAWN ER F CP~O. 56 ISSUED BY COMEi~IANK Aig~E I:~E BY ~ASON ~SCANY 7~NTRAc~AS~, LTD~§~A~LuRE T~h:~OMPLETE THE EXCAVATION AND FILLING TO RESTORE Tim SITE SHOULD THE NEED ARISE PER THE REQUIREMENTS FOR TUSCANY INTRACOASTAL, LTD.' S BAY VISTA PROJECT IN BOYNTON BEACH FLORIDA, AS SHOWN ON PLANS PREPARED BY SCHNARS, DATED OCTOBER 212, 2000 UNDER PROJECT NO. 99150." PARTIAL DRAWINGS ARE NOT PERMITTED. IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE DEEMED AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR ONE (t) YEAR PERIODS FROM THE PRESENT OR ANY FUTURE EXPIRATION DATE UNLESS AT LEAST NINETY (90) DAYS PRIOR TO SUCH EXPIRATION DATE YOU ARE NOTIFIED BY REGISTERED LETTER OF OVERNIGHT COURIER SERVICE THAT WE ELECT NOT TO CONSIDER THIS LETTER OF CREDIT RENEWED FOR ANY SUCH PERIOD. THIS LETTER OF CREDIT IS ENFORCEABLE IN A COURT OF COMPETENT JURISDICTION IN PALM BEACH COUNTY, FLORIDA, AND IS TO BE INTERPRETED BY FLORIDA LAW. THE DESIGNATED AGENT WITHIN THE STATEi OF FLORIDA FOR ACCEPTANCE OF PROCESS ON BEHALF OF COMERICA BANK IS OUR OFFICE LOCATED AT 100 N E THIRD AVENUE, SUITE 200, FT. LAUDERDALE, FLORIDA 33301. ALL DRAFTS DRAWN UNDER THIS CREDIT MUST BE MARKED "DRAWN UNDER COMERICA BANK'S LETTER OF CREDIT NO. 562451-04." THIS QRIGINAL LETTER OF CREDIT AND ALL AMENDMENTS THERETO MUST BE SUBMITTED TO US TOGETHER WITH ANY DRAWINGS HEREUNDER FOR OUR ENDORSEMENT OF ANY PAYMENTS EFFECTED BY US XND/OR FOR CANCELLATION CONTINUED ON PAGE 2) TELEX: 3772134 MNB INTL DET SWIFT: MNBD US 33 FAX : (313) 222-9324 Letter ol Credi~ Division COMERICA BANK ONE DETROIT CENTER $00 WOODWARD AVENUE 24TM FLOOR, MC 3341 DETROI3', MI 48226-3341 IRREVOCABLE STANDBY LETTER OF CREDIT NO. 562451-04 NOVEMBER 30, 2000 PAGE 2. WE ENGAGE WITH YOU THAT EACH DRAFT DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS CREDIT WILL BE DULY HONORED ON DELIVERY OF THE DOCUMENTS AS SPECIFIED IF PRESENTED AT THIS OFFICE LOCATED AT ONE DETROIT CENTER, 500 WOODWARD AVENUE, 24TM FLOOR, DETROIT, MICHIGAN 48226-3341 ON OR BEFORE AUGUST 31, 2001 OR ANY AUTOMATICALLY EXTENDED DATE. L