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R99-079RESOLUTION NO. R99-~'~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A FULL RELEASE OF THE LETTER OF CREDIT FOR NAUTICA SOUND PUD PLAT TWO, IN THE AMOUNT OF $65,004.45 ISSUED BY OHIO SAVINGS BANK (NO. 1996-118A-2) TO G.L. HOMES OF BOYNTON BEACH II CORPORATION; APPROVAL OF THE SUBDIVISION, ACCEPTANCE OF THE DEDICATIONS, AND THE MAINTENANCE RESPONSIBILITIES OF THOSE IMPROVEMENTS DEDICATED TO THE CITY OF BOYNTON BEACH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS~ the project is complete and the City has received the Engineer of Record's certification, the test results and the "As-Built" drawings for Nautica Sound Plat I; NOW~, THEREFORE~, BE IT RESOLVED BY THE CTTY COMF,1ISSION OF THE CITY OF BOYNTON BEACH,, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, based upon the recommendation of staff, hereby approves a full release of the Letter of Credit (No. 1996-118a-2) issued by Ohio Savings Bank for the Nautica Sound PUD Plat Two, in the amount of $65,004.45 to G.L. Homes of Boynton Beach II Corporation, approves the Subdivision, and accepts the dedications and the maintenance responsibilities of those improvements dedicated to the City. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this Al-rEST: City'Clerk /,.~ day of.lune, 1999. Commissioner -Gemmissioner Co-mmiss[bner ,A.1PRU.., 1,996 mi ~ $~d ~ ~ Comp~ce,C:~o~ ~d ~a~ of V~u: of m~g work, ~ m No.cd au~o~fion to si~ for ~ed ~e& ' Ad~o~ A~~ for F~ ~] a Co~ H~ Oep~:~ Acc~p~e, m~ a As B~I~ Dm~gs; $~ATE or FLORIDA COtmTY OF ; (Ti :le ~ ~) ~ ~g~ Ka~le~ M. Coffman ~.' %o% S.: :.~ MY COMMISSION ~ CC615446 ~P]RES ~ March 18, 2001 ';~ ~ ~;.~ BONDED THRU TROY FAiN INSURANCE, iNC. Appli~ar~fs siSZmmre" RESOLUTION NO. R97-/// A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE REDUCTION OF SURETY FOR NAUTICA SOUND PLAT TWO TO G.L. HOMES OF BOYNTON BEACH II CORPORATION CONDITIONED UPON SUBMISSION TO THE CITY OF A REPLACEMENT LETTER OF CREDIT IN THE AMOUNT OF $65,004.45; AND PROVIDING AN E~FECTIVE DATE. WHEREAS, staff has verified the status of completion of the required site improvements on the above property; and WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon recommendation of staff, hereby authorizes reduction of surety from $1,050,922.40 to G.L. Homes of Boynton Beach II Corporation conditioned upon receipt of a replacement Letter of Credit in the amount of $65,004.45 within thirty (30) days. 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 reduction of surety in the amount of $1,050,922.40 to G.L. Homes of Boynton Beach II Corporation conditioned upon submission of a replacement. Letter of Credit in the amount of $65,004.45 within thirty (30) days. Section 2, That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this /.~ day of ~zf , 1997. C~y Cl~k (Corporate Seal) Surety. Red NAUTICA SO~ P~T ~O CITY OF BOYNTON BEACH, FLORIDA V~2May°r ~ommis s ioJer/ D Commissioner Commissioner OHIO SAVINGS BANK F.S.B. Cityl of Boynton Beach 100 Boy Am, We Boy~ (the ($6,~ This prov here date Lett~ defa Fun( dray of B faile, Wel~ 95-1 Con~ whi( Beac calle Muir aggr East Boynton Beach Boulevard 3ton Beach, Florida 33435 Re: Amended and Restated Ohio Savings Bank Letter of Credit No. 1996-118A-2 Nautica Sound Date: August 5, 1997 lunt: USDLRS $65,004.45 Expiration Date: August 4, 1998 ~ereby establish our Irrevocable Letter of Credit No. 1996-118A-2 in favor of the City of ~ton Beach, Florida ("City") for the account of G.L. Homes of Boynton Beach II Corporation "Developer") for the initial amount of Sixty Five Thousand Four and 45/100 Dollars 004.45) effective as of this date. Letter of Credit shall be renewed for successive periods of one (1) year each unless we ide the City's Finance Director with written notice of our intent to terminate the Credit in extended, which notice must be provided at least thirty (30) days prior to the expiration of the original term hereof or any renewed one (1) year term. Notice to the City that this ;r of Credit will expire prior to performance of Developer's obligations shall be deemed a ult. Is under this Letter of Credit are available to the City against the City's drafts at sight ~n on us together with a sworn statement purportedly signed by the Finance Director, City )ynton Beach reading exactly as follows: "G.L. Homes of Boynton Beach II Corporation has to complete improvements as shown in construction plans prepared by Lawson, Noble & ~, Inc., identified as Nautica Sound - Plat Two Water and Sewer Improvements (File N~. 81.02 Containing 11 Sheets) and Paving Grading Improvements (File No. 95-181.02 :aining 8 Sheets), and the City of Boynton Beach demands payments of USD$ , h amount is the estimated cost to complete subject improvements. The City of Boynton h will return any portion of such funds drawn and not expended in completion of the work for." Each sight draft shall specifically mention our Letter of Credit No. 1996-118A-2. )le drawings may be made hereunder, provided that drawings hereunder shall not, in the gate, exceed Sixty Five Thousand Four and 45/100 Dollars ($65,004.45). OHIO SAVINGS PL.-XZ,-X, · 1801 EAST NINTH STREET ' SUITE 200 - CLEVELAND ' OHIO ' 44114 - (216)622-4100 Letter of Credit No. 1996-118A-2 City of Boynton Beach AUgust 6, 1997 Palge Two W~en we receive demand fOr payment in accordance with the terms hereof at the offices of our AmTrust Division, 5550 Glades Road, Boca Raton, Florida 33431, Attention: Mr. David B. smith, Vice President, on or prior to the Expiration Date, we will promptly honor the same. VE Ki~ Sn nue for any and all legal actions necessary to enforce the terms of this Letter of Credit shall Palm Beach County, Florida. ~dly address all correspondence regarding this Letter of Credit to the attention of David B. fith, Vice President, mentioning specifically our Letter of Credit Number. Thls Credit is subject to the "Uniform Customs and Practice for Documentary Credits" (revised January 1, 1994), International Chamber of Commerce Publication No. 500 and to the pr~visions of Florida law. If a conflict between the Uniform Customs and Practice for Dolcumentary Credits and Florida law should arise, Florida law shall prevail. If a conflict be:ween the law of another state or country and Florida law should arise, Florida law shall pre ~vail. OHIO SAVINGS BANK Robe~ Goldberg~ President - Project Nmme Na~tica Developer Address 1401 Sound Plat Two University Drive, 'Develo~rNmme G.L. Homes of BoTnton Beach II Corporation~ Suite 200, Coral Springs, FL 33071 SarlleOfSLtrety Ohio Savings Bank $~yLm.# 1996-118A Odginal SuretyDate June 19, 1996 AJJlot~lt $1,050,922.40 Previous Surety Reduction Date N/A Amount $ 0. oo Current Surety Balance ...................................................... Amount $1,050,922.40 Current Request Date April 11, 1997 Amount $ 9.85,.9.!.7.95 Remaining Surety, if granted ............................................ Amount $ ~ 5. o o 4.45 Attachment~ to all requests: Yes No ?-/ m [] Signed and sealed Compliance Certification and Estimate of Value of remalnlng work. [] m Notarized authorization to sign for named insured. Additional Attachment~ for Final Release Requests: m m E~sements. ~ m Bills of Sale. ~t m County Health Department Acceptance. [] d~ Lamping and/or ~ Testing. [] ~ As Built Drawings.: m ~ Operating and/or Maintenance Instructions. I, Ricl~ard A. Cos tello ,CERTIFYTHATTI-IED4FOR2vlATIONFURNISHEDHERED'IAND SUBN~TTED HEREWITH IS TRUE, ACCURATE AND C~OMPLE~T~. Applic~.~.nt's Signature STATg OF FLORIDA COUNTY OF PALNI BEACH The fo~going instrument was acknowledged before me this /TmdaY of by, ./~ ~c~,q-/~~t. ~c,wr w_t.~ , who is personally known to me or ';,'ho,,,~'--' 44Z ' e--' g> v ...................... who ~ (did not) take an oa.tJa. ~Sigfi'~mre of perso~ taking~ack~.~ement) (Name of officer taking acknowledge~'-e~'~ :i :,:~'~"X'?);.: =. ~ co~ss~0, [c~ ~x~ms typed, printed or stamped) (Title or rank) .... .~r.:.,-' (Serial Number, if any)