Loading...
R99-160RESOLUTION NO. R99-/~O A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND ACCEPTING A LETTER OF CREDIT SUBMITTED BY D.R. HORTON, INC., (MELEAR P.U.D.), AND ISSUED BY BANK OF AMERICA, (NO. 3704313) IN THE AMOUNT OF $661,1!3.20; APPROVING THE FINAL PLAT KNOWN AS MELAR PiU.D.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff, does hereby approve the Final Plat for Melear P.U.D., and accepts the above referenced Letter of Credit submitted by D.R. Horton, Inc., (Melear .U.D.) and issued by Bank of America in the amount of Six Undred Sixty One Thousand One Hundred Thirteen Dollars and 20/100 ($661,113.20) as surety for construction of the associated water and sewer expenses. NOW, THEREFORE, BE IT RESOLVED BY THE CITy ~HE CITY OF BOYNTON BEACH, FLORIDA, THAT: COI~/RISSION OF Section 1. The City Commission of the City of Boynton 3each, Florida hereby approves the Final Plat for Melear P.U.D., and accepts a Letter of Credit submitted by D.R. Korton, Inc., (Melear P.U.D.) and issued by Bank of America in zhe amount of Six Hundred Sixty One Thousand One Hundred thirteen Dollars and 20/100 ($661,113.20) ($661,113.20) as surety for construction of the associated water and sewer systems. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of December, 1999. CITY/~,F~., EOY~ B~ACH, fLORIDA Vice Mayor/ ~ ( Mayor Pro ~Tem ~ issione~ Commissioner N l-lypoluxo Road Canal L-20 Miner Road MELEAR LOCATION MAP: N.T.S. SHEET 3 ~ SHEET SHEET 6 SHEET 2 KEY MAP: N.T.S. BankofAmerica DATE: OCTOBER 25, 1999 IRREVOCABLE STA/qDB~ LETTER OF CREDIT NT/MBER: 3704313 PAGE: 1 BENEFICIARY CITY OF BOYNTON BEACH 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FL 33435 APPLIC/~NT D.R. MORTON, INC. / CONTINENTAL HOMES MIAmi 1901 ASCENSION BLVD. SUITE t00 ARLINGTON, TX 76006 AMOUNT USD 661,113.20 SIX HUNDRED SIXTY ONE THOUSAND ONE A=JNDRED THIRTEEN /~ND 20/100'S US DOLLARS EXPIRATION OCTOBER 19, 2000 AT OUR COUNTERS GENTLEMEN: WE HEREBY OPEN OUR CLEAN IRREVOCABLE LETTER OF CREDIT NO. 3704313 IN YOUR FAVOR FOR THE ACCOUNT OF D.R. HORTON, INC. / CONTINENTAL HOMES MIAMI FOR A/~ AGGREGATE AMOUNT OF SIX HUNDRED SIXTY ONE THOUSAND ONE HI/NDRED THIRTEEN A1VD 20/100 UNITED STATES DOLLARS ($661,113.20) AVAILABLE BY PAYMENT OF YOUR DRAFT(S) AT SIGHT DRAWN ON OURSELVES WHEN ACCOMPANIED BY THE FOLLOWING DOCUMENT(S): 1. A STATEMENT PURPORTEDLY SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE CITY OF BOYNTON BEACH STATING "THE FUNDS DRAWN UNDER THIS LETTER OF CREDIT ARE NEEDED TO PAY FOR CONSTRUCTION OF WATER DISTRIBUTION + SANITARY SEWER IN ACCORDANCE WITH THE CITY'S L~LND DEVELOPMENT CODE IN CONNECTION WITH THE PROPOSED SUBDIVISION K/~OWN AS MELEAR PUD AND CONTINENTAL HOMES MIAMI HAS FAILED TO COMPLETE THE WORK STATED"; 2. THE ORIGINAL LETTER OF CREDIT AND ANY SUBSEQUENT AMENDMENTS. IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE DEEMED AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR ADDITIONAL ONE YEAR PERIODS UAILESS WE NOTIFY YOU IN WRITING AT LEAST SIXTY (60) DAYS PRIOR TO THE CURRENT OR ANY FUTURE EXPIP. ATION DATE THAT WE ELECT NOT TO EXTEND THIS CREDIT FOR ANY SUCH ADDITIONAL ONE YEAR PERIOD. NOTICE TO THE CITY THAT THE LETTER OF CREDIT WILL EXPIRE, PRIOR TO THE PERFORMANCE OF THE OBLIGATIONS GUARANTEED BY THIS LETTER OF CREDIT, SHAJ~L BE DEEMED A DEFAULT Ab-D SHALL ENTITLE CITY TO COLLECT ON THIS LETTER OF CREDIT BY PRESENTATION OF SIGHT DRAFT(S) AND A STATEMENT PURPORTEDLY SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE CITY OF BOYNTON BEACH STATING "WE ARE IN RECEIPT OF YOUR NON-RENEWAL NOTICE FOR THIS LETTER OF CREDIT AND THE FUNDS DP. AWN UNDER THIS LETTER OF CREDIT ARE NEEDED IRREVOCARLE STANDBY LETTER OF CREDIT NO. 3704313 TO PAY FOR THE CONSTRUCTION WATER DISTRIBUTION + SANITARY SEWER IN ACCORDANCE WITH THE CITY'S LAND DEVELOPMENT CODE IN CONNECTION WITH THE PROPOSED SUBDIVISION KNOWN AS MELEAR PUD AND CONTINENTAL HOMES MIAMI HAS FAILED TO COMPLETE THE WORK STATED." THE LETTER OF CREDIT IS IRREVOCABLE AND SHALL REMAIN ENFORCEABLE UNTIL RELEASED BY A RESOLUTION ADOPTED BY THE CITYCOMMISSION OR THE CURRENT ORA NY FLrf~L~RE EXPIRY DATE, WHICHEVER IS EARLIER. 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. BankofAmerica PAGE: 2 THIS IS AN INTEGRAL PART OF' LETTER OF CREDIT NUMBER: 3704313 EXCEPT SO FAR AS OTHERWISE EXPRESSLY STATED HEREIN THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARy CREDITS (1993 REVISION), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500 AND IN THE EVENT OF ~ CONFLICT IS TO BE INTERPRETED BY FLORIDA LAW. LITIGATION HEREUNDER, IF NECESSARy. SKALL BE IN A COURT OF COMPETENT JURISDICTION IN PALM BEACH COUNTY, FLORIDA. WE HEREBY ENGAGE WITH YOU THAT EACH DRAFT(S) DRAWN UNDER AND IN COMPLIAi~CE WITH THE TER/~S AND CONDITIONS OF THIS CREDIT SHALL BE DULY HONORED IF PRESENTED WITH DOCUMENT(S) AS SPECIFIED AIFD THE ORIGINAL OF THIS CREDIT, AT OUR OFFICE LOCATED AT 333 SOUTH BEAUDRY AVENUE, 19TH FLOOR LOS ANGELES, CALIFORNIA 90017, ATTENTION LETTER OF CREDIT DEPT., ON OR BEFORE THE ABOVE STATED EXPIRY DATE, OR ANY AUTOMATICALLY EXTENDED DATE AS PROVIDED FOR HEREIN. DRAFT(S) DRAWN UNDER THIS CREDIT MUST SPECIFICALLY REFERRENCE OUR LETTER OF CREDIT NUMBER.' IF YOU REQUIRE ANY ASSISTANCE OR HAVE AA!Y QUESTIONS REGARDING THIS T~U~SACTIO~, PLEASE C~L 213-345-6~32. // Mia Gon~lez ORIGINAL