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R98-117 RESOLUTION NO. R98-/// A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND ACCEPTING A LETTER OF CREDIT SUBMITTED BY BOYNTON SHOPPES, INC., AND ISSUED BY IST UNITED BANK, (NO. 77461) IN THE AMOUNT OF $87,650.00; AND PROVIDING AN EFFECTIVE DATE. ~EREAS, the City Commzssion of the City of Boynton Beach, upon recommendation of staff, does hereby accept the above referenced Letter of Credit in the amount of Eighty Seven Thousand Six Hundred Fifty and 00/100 Dollars ($87,650.00) as surety for water and sewer improvements to serve the proposed Boynton Shoppes, to be located at the southeast corner of Woolbright Road'and Congress Avenue. 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 approves and accepts a Letter of Credit submitted by Boynton Shoppes, and issued by 1~t United Bank in the amount of Eighty Seven Thousand Six Hundred Fifty and 00/100 Dollars ($87,650.00) as surety for water and sewer improvements to serve the proposed Boynton Shoppes, to be located at the southeast corner of Woolbright Road and Congress Avenue. Section 2. That mhis Resolution shall become effective zmmediately upon passage. PASSED AND ADOPTED this ~ day of July, 1998. CITY OF BOYNTON BEACH Mayor )RIDA Mayor Pro .~m ~ommission~r Comm±~s±oner lST UNITED BANK Subsidiary of Wachovia Bank, N.A. IRREVOCABLE STANDBY LETTER OF CREDIT June 17, 1998 BENEFICIARY: CITY OF BOYNTON BEACH 100 EAST BOYNTON BEACH BLVD. BOYNTON BEACH, FL 33435 APPLICANT: BOYNTON SHOPPES, INC. 943 CLINT MOORE ROAD BOCA RATON, FL 33487 Gentlemen: We hereby open our clean Irrevocable Letter of Credit No # 77461 in favor of City of Boynton Beach ("City") for the initial amount of Eighty Seven Thousand Six Hundred Fifty dollars ($87,650.00) effective as of this date. This letter of credit is issued pursuant to those for construction of required waste Water Collection System, Sanitary Sy # - DWC-t 37-676/Drinking Water System Permit #-DS-137675 (hereafter between Boynton Shoppes, Inc, as developer, and the City of Boynton Beach. to develop a subdivision to be known as Boynton Shoppes, (hereafter, "Subdivision"), and to construct and install the required improvements pursuant to the terms of the Health Department permit and accompanying approved plans. This Letter of Credit, however, is independent of said approved permit and reference herein for information only. It is a condition of this Letter of Credit that it shall be deemed automatically extended without amendment for one year periods from the expiration date hereof, or any future expiration date unless at least ninety (90) days prior to any ex iration date we shall noti ou b courier at the .-, P fYy Y address indicated above, Unless a change of address is otherwise notified by ou to us in writin tl "' Y g' hat we elect not to consider this Letter of Credit renewed for any such additional period. This initial amount of funds available under this credit and stated above may be reduced by the city of Boynton Beach Utilities Director, as authorized agent of the City of Boynton Beach, in ccordance with the requirements of the subdivision and required improvements regulations. We ereby agree that such reduction shall not be effective until we have furnished a written amendment to this Letter of Credit. Such amendment shall reference this Letter of Credit as well as the H.R.S. permit number and subdivision name, as set out herein and the new amount. Funds under this Letter of Credit are available to the City hereunder not exceeding in aggregate the amount of this credit (as said amount may be amended from time to time pursuant to the above paragraph) against the City's demand by its authorized agent named above, for payment on us mentioning our Letter of Credit No#77461. 980 North Federal Highway, Boca Raton, Florida 33432 · (561) 392-4000 ° Fax (561) 392-4274 All drafts drawn under this credit must be marked "DRAWN UNDER Ist UNITED BANK A SUBSIDIARY OF WACHOVIA BANK N.A., LETTER OF CREDIT/477461. This credit is subject to and governed by the laws of the State of Florida and the 1993 Revision of the Uniform Customs and Practice for Documentary Credits of the International Chamber of Commerce (Publication No. 500) and, in the event of any conflict, the laws of the State of Florida will control. This original 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 and/or for cancellation. We engage with you that each draft drawn under and in co~npliance with the terms of this credit will be duly honored if presented at this office on or before June 17, 1999 or any automatically extended date. -//R"6bert F. McCa Vice President