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R98-061RESOLUTION NO. R98-~/ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND ACCEPTING A LETTER OF CREDIT SUBMITTED BY GROVE PLAZA AND ISSUED BY 1ST UNITED BANK, (NO. 77446) IN THE AMOUNT OF $215,879.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff, does hereby accept the above referenced Letter of Credit in the amount of $215,879.00 as surety for completion of the water distribution and sanitary sewer improvements and site restoration for Grove Plaza; 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 Grove Plaza, and issued by 1st United Bank in the amount of $215,879.00 as surety for completion of the water distribution and sanitary sewer improvements and site restoration for Grove Plaza; Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 7' day of .~)7,,~/~ ,1998. CITY OF BOYNTON BEACH, FLORIDA C)~/~miss~ ' er-~~ff~~ / ! s:cakReso\Letter of Credit\Grove Plaza lsx UNITED BANK CLEAN IRREVOCABLE LETTER OF CREDIT NO. 77446 (as amended March 12, 1998) To: City of Boynton Beach City Conu~ission Boynton Beach, Florida March 2, 1998 Amount: $215,879.00 Expiry: March 2, 1999 Permittee: Walter H. Janke 2742 N.E.4th Street Pompano Beach, Florida 33062 We hereby open our Clean Irrevocable Letter of Credit No. 77446 in favor of The City of Boynton Beach for the amount of Two Hundred Fifteen Thousand, Eight Hundred Seventy Nine and No/100ths Dollars ($215,879.00) effective as of this date, for the account of Walter H. Janke (Permittee). Purpose: This Letter of Credit is opened as a requirement of the City of Boynton Beach to insure that Permittee performs all of its obligations regarding the water distribution and sanitary sewer improvements and site restoration as shown on engineering plans 8, 9, 9A, 10 & 11 prepared by Carnahan- Proctor & Associates, Inc. The work shall be done in that commercial development registered as Grove Plaza located at the Southeast corner of Lawrence Road and Hypoluxo Road in Boynton Beach, Florida, having a legal description of: A portion of the North 1/2 of of the North 1/2 of the NW 1/4 of the NW 1/4 of Section 7, Township 45 South, Range 43 East, City of Boynton Beach, Palm Beach County, Florida 980 North Federal Highway, Boca Raton, Florida 33432 · (561) 392-4000 · Fax (561) 392-4274 Method of Disbursement: Funds under this Letter of Credit are available to the City of Boynton Beach hereafter not exceeding in aggregate the amount of this Letter of Credit against the City of Boynton Beach's demand for payment on us mentioning our Letter of Credit No. 77446. Any such drawings must be accompanied by a written statement as follows: "Drawing under this Letter of Credit No. 77446 is due to the default or failure of the Permittee to comply with the provisions of the City of Boynton Beach Code of Ordinances and/or Land Development Regulations regarding the completion of water and sewer improvements within that project known as Grove Plaza" within the prescribed contractual time limit". Ail drawings under this Letter of Credit must be mailed or delivered to 1st United Bank, Attn: Letter of Credit Department, 980 N. Federal Highway, Boca Raton, Florida 33432. Expiration Date(s): This Letter of Credit No. 77446 shall expire on March 2, 1999. However, it is a condition of this Letter of Credit that it shall be automatically extended for an additional period of one year from the present or or from each future expiration date unless the Bank has notified you in writing, not less than ninety (90) days before such ex- piration date, that we elect not to renew this Letter of Credit. Our notice of such election shall be sent certified mail to the address of the beneficiary shown above, to the attention of the City Clerk. Othewise, this Letter of Credit is irrevocable and shall remain enforceable until released by a resolution adopted by the City Commission of The City of Boynton Beach. Designated Agent: The designated agent within the State of Florida who will accept notice of process is Robert F. McCarn. 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. This Letter of Credit is subject to the "Uniform Customs and Practice for Documentary Credits (1993 Revision)" International Chamber of Commerce Publication No. 500. 1st United Bank A Subsidiary of Wachovia Bank, N.A.