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R99-114 RESOLUTION NO. RSS-IIq A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND ACCEPTING A LETTER OF CREDIT SUBMITTED BY CASCADES LAKES, LTD., (LESTER P.U.D.), AND ISSUED BY BANKATLANTIC, (NO. BA-409) IN THE A~4OUNT OF $566,400.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City Beach, upon recommendation of staff, does hereby ~bove referenced Letter of Credit submitted by Cascades Ltd., (Lester P.U.D.) and issued by BankAtlantic in the Df Five Hundred Sixty-Six Thousand Four Hundred and ($566,400.00) Dollars as surety for construction of ~nd sanitary sewer systems for the project knows P.U.D. site. NOW, THEREFORE, BE IT RESOLVED BY THE CITY 2HE CITY OF BOYAITON BEACH, FLORIDA, THAT: Section 1. The City Commission of the Beach, Florida hereby Letter of ~ubmitted by Cascade and by BankAtlantic ~housand Four ($566,400.00) sanitary site. in amount Hundred and as surety for approves and accepts a Lakes, Ltd., (Lester P.U.D.) the of Five Hundred of Boynton accept the Lakes, amount no/100 the water as Lester COMMISSION OF no/~oo ($566,4oo.o0) sewer systems for City of Boynton Credit issued Sixty-Six Dollars construction of the water and the project knows as Lester P.U.D. Section 2. That this Resolution shall become effective immediately upon passage. PASS~-D ~ ADOPT~-D this -~ day of ~,¢~999. CI~~./~N~ B~ACH, F~ORIDA ATTEST: g't~Clerk Vice Mayor Mayor Pro Tem Commissioner ;s~' ~Cascade Lakes, Ltd. ) P.U.D. Site RO. Box 8608 Ft. Lauderdale, FL 33310-8608 (954) 760-5000 August4,1999 IRREVOCABLE STANDBY LETTER OF CREDIT BA-409 BENEFICIARY: City of B oynton Beach/Utilities 100 East Boynton Beach Boulevard Boyntort Beach, Florida 33437 Amount: $566,400.00 Date of Expiry: Place of Expiry: August 4, 2000 BankAtlantic, a Federal Savings Bank 1750 East Sunrise Boulevard Fort Lauderdale, Florida 33304 We establish our clean Irrevocable Letter of Credit Number BA-409 dated August 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 sanitary sewer and water distribution shown on 98-204, pages 1 through 13 of the plans by the Wantman Group titled water and sewer plans, Lester PUD, dated February 24, 1999. Drafts drawns under this credit must indicate: "Drawn under BankAtlantic, a Federal Savings Bank Letter of Credit number BA-409, dated August 4, 1999." Documents Required: I. This original Letter of Credit number BA-409. 2. Beneficiary's signed statement as follows: "An affidavit 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 Two Letter of Credit No. BA-409 August 4, 1999 At the time of the final drawing, the original letter of credit should be returned along with the documents as stated herein. Partial draws are permitted. It is a condition of this Letter of Credit that it shall be deemed automatically extended without amendment for one year from the present or any future expiration date hereof unless at least ninety (90) days prior to such date we shall notify you in writ/rig by certified mail, return receipt required, or hand delivery at the above address that we elect not to consider this Letter of Credit renewed for such additional period. Please present your documents with an additional copy for our records to our Loan Operations Department at the following address: 1750 East Sunrise Boulevard, Fort Lauderdale, Florida 33304. We hereby engage with you that drafts drawn and presented in conformity with the terms of this credit 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 Practice for Documentary Credits ( 1993 Revision), International Chamber 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 Florida. This letter of credit is enforceable in a court of competent jurisdiction in Palm Beach County, Florida. BankAtlantic, a Federal Savings Bank caslc409 r · *r ............. I ...... 31 .....