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R99-152 RESOLUTION NO. R99-/,.~,~' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ACCEPTANCE OF LETTER OF CREDIT SUBMITTED BY CASCADE LAKES LTD., (NWA LESTER PUD PLAT 3) AND ISSUED BY BANKATLANTIC (NO. BA416), IN THE AMOUNT OF $371,200.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Letter of Credit, No. BA416 in the amount of $371,200.00 has been issued by BankAtlantic as surety for construction of the water and sanitary sewer systems for the project known as Cascade Lakes Ltd., (a/k/a Lester PUD plat 3), which Letter of Credit is attached hereto as Exhibit "A"; and WHEREAS, Cascade Lakes is a single family residential subdivision located in the City's service area, but outside of the City Limits, being south of Golf Road, on the west side of Military Trail, and surety is required to guarantee that water and sewer service will be available to the future homes; and WHEREAS, upon recommendation of staff, the City Commission deems it to be in the best interests of the citizens and residents of the City of Boynton Beach to accept said Letter of Credit. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, hereby authorizes acceptance of the Letter of Credit No. BA416, in the amount of $371,200.00, issued by BankAtlantic as surety for the construction of the water and sanitary sewer systems to serve the project known as Cascade Lakes Ltd., (a/k/a/ Lester PUD plat 3), which Letter of Credit is attached hereto as Exhibit '%". Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this /~ day of ,,Y~, , 1999. Ma~or /t' ' ~ _.....~.~ Vice/Mayor Mayor Pro Tam Commissioner ATTEST: lerk October 4, 1999 RO. Box 8608 Ft. Lauderdale, FL 33310-8608 (954) 760-5000 IRREVOCABLE STANDBY LETTER OF CREDIT BA-416 BENEFICIARY: City of Boynton BcaclCUtilities I00 East Boynton Beach Boulevard Boynton Beach, Florida 33437 Amount: $371,200.00 Date of Expiry: Place of Expiry: October 4, 2000 BankAtlantic, a Federal Savings Bank 1750 East Sunrise Boulevard Fort Lauderdale, Florida 33304 We establish our clean Irrevocable Letter of Credlt Number BA-416 dated October 4, 1999, in your favor for the account of Cascade Lakes, Ltd., 6561 Cascade Isles Boulevard, Boynton Beach, Florida 33437 against the terms and conditions described below accompanied by drafts drawn on BankAtlantic, a Federal Savings Bank at sight, and which bears the signature of Utilities Director of Boynton Beach. Drawing(s) may be presented at BankAtlantic, a Federal Savings Bank 1750 East Sunrise Boulevard, Fort Lauderdale, Florida 33304, attn.' Commercial Loan Operations. This Letter of Credit is issued for completion of the on-site }anitary sewer and water distribution sho~n on 98-204F, pages 1 through 11 of the plans by the Wantman Group titled water and sewer plans, Lester PUD, dated April 30, 1999. Drafts drawns under this credit must indicate: "Drawn under BankAtlantic, a Federal Savings Bank Letter of Credit number BA-416, dated October 4, 1999." Documents Required: This original Letter of Credit number BA-416. Beneficiao"s signed statement as follows: · "Aniaffidavit signed by an authorized agent of the City of Boynton Beach indicating that the amount drawn represents the total cost to completed the on-site sanitary sewer and water distribution for the project known as Lester PUD." (This credit consists of two pages, the second page forms an integral part hereof) Page Txvo Letter of Credit No. BA-416 October 4, 1999 At the time of the tinal drawing, ti~e original letter of credit should be returned along with the documents as stated herein. Partial draws are pem~itted. It is a condition of this Letter of Credit that it shall be deemed automatically extended without amendment for one ye,'u' from the present or any future expiration date hereof unless at least ninety (90) days prior to such date we shall notify you in writing by certified mail, return receipt required, or hand delivery at the above address that we elect not to consider this Letter of Credit ren,ewed for such additional period. Please present your documents with an additional copy for our records to our Loan Operations Department at t se following address: 1750 East Sunrise Boulevard, Fort Lauderdale, Florida 33304. We hereby engage w th you that drafts drawn and presented in conformity with the terms of this cred t will be duly honored. Payment will be made VIA check in the name of the Beneficiary listed above, and will be mailed to the Beneficiary address listed above. Except as otherwise expressly stated herein, this credit is subject t the Uniform Customs and Pradtice for Documentary Credits (1993 Revision), International Chmnber of Commerce Publication Number 500. As to matters not covered by UCP, this credit shall be subject to and governed by the laws of the State of Flor/da. This letter ofqredit is enforceable in a court of competent jurisdiction in Palm Beach County, Flor/da. BankAtlantic, a Federal Savings Bank MarCia K Snyder ExecUtive Vice President caslc416