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R98-050RESOLUTION NO. R98- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND ACCEPTING A LETTER OF CREDIT SUBMITTED BY P.M. CONCEPTS III, INC., (HAMPTON LAKES), AND ISSUED BY SUNTRUST BANK, (NO. FO70437); 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 $450,200.00 as surety for the completion of water distribution and sewage collection systems, which will be owned and operated by the City, for the above referenced project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF TIlE 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 P.M. Concepts III, Inc., (Hampton Lakes) and issued by SunTrust Bank in the amount of $450,200.00. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this /'~' day of March, 1998. CITY OF BOYNTON BEACH, FLORIDA ' ViceMayor~ / -- ~ Commissioner /Commis~ner /Cor~mi~sioner ATTEST: Ci(~ Clerk (Cc ~0' ...... - C .9 SU FRUST ADVISING BANK: LETTER OF CREDIT NI3MBER: F070437 ISSUANCE DATE: FEBRUARY 11, 1998 APPLICANT: P.M. CONCEPTS III, INC. 4524 GUN CLUB ROAD SUITE 209 WEST PALM BEACH,FL 33415 BENEFICIARY: CITY OF BOYNTON BEACH/UTILITIES 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA 33437 FOR USD 450,200.00 (FOUR HUNDRED FIFTY THOUSAND TWO HUNDRED 00/100 U.S. DOLLARS) DATE OF EXPIRATION: FEBRUARY 16, 1999 PLACE OF EXPIRATION: OUR COUNTERS WE HEREBY ESTABLISH OUR IRREVOCABLE LETTER OF CREDIT NO. F070437 DATED FEBRUARY 11, 1998 IN YOUR FAVOR FOR THE ACCOUNT OF P.M. CONCEPTS III, INC., 4524 GUN CLUB ROAD, SUITE 209, WEST PALM BEACH, FLORIDA 33415 PAYABLE BY DRAFTS DRAWN ON SUNTRUST BANK, SOUTH FLORIDA, N.A. AT SIGHT WHICH PURPORTEDLY BEARS THE SIGNATURE OF UTILITIES DIRECTOR OF BOYNTON BEACH AND ACCOMPANIED BY THE FOLLOWING DOCUMENT: AN AFFIDAVIT PURPORTEDLY SIGNED BY AN AUTHORIZED AGENT OF THE CITY OF BOYNTON BEACH STATING: "THE AMOUNT DRAWN REPRESENTS THE TOTAL COST TO COMPLETE THE ON-SITE SANITARY SEWER AND WATER DISTRIBUTION SYSTEMS SHOWN ON SHEETS 1 THROUGH 8 OF THE PLANS BY CARNAHAN-PROCTORANDASSOCIATES, INC. TITLED WATER DISTRIBUTION AND SEWAGE COLLECTION SYSTEMS FOR HAMPTON LAKES, PROJECT NO. 961219 DATED AUGUST 7, 1997." DRAFTS DRAWN UNDER THIS CREDIT MUST INDICATE, "DRAWN UNDER SUNTRUST BANK, SOUTH FLORIDA, N.A. LETTER OF CREDIT NO. F070437 DATED FEBRUARY 11, 1998." AT THE TIME OF FINAL DRAWING, THE ORIGINAL LETTER OF CREDIT MUST 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 EXPIRATION DATE HEREOF, OR ANY FUTURE EXPIRATION DATE, ~UNLESS NINETY (90) DAYS PRIOR TO ANY EXPIRATION DATE WE SEND NOTICE TO YOU BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, OR COURIERAT THE ABOVE ADDRESS THAT WE ELECT NOT TO CONSIDER THIS LETTER OF CREDIT RENEWED FOR ANY SUCH ADDITIONAL PERIOD. NOTICE TO THE CITY OF BOYNTON BEACH BY SUNTRUST BANK, SOUTH FLORIDA, N.A. THAT THE LETTER OF CREDIT WILL EXPIRE PRIOR TO · .* * * * *CONT. INUED· ON NEXT PAGE* * * * * All corresponaence aha communication snoulcl be aire~[ed to our agent SunTrust International Services, Inc., 25 Park Place, Atlanta, Georgia 30303 Telex: 542210 910225 U~) LETTER OF CREDIT NUMBER F070437 PAGE NO. 1 SuNT us THE PERFORMANCE OF THE OBLIGATION GUARANTEED HEREIN, SHALL BE DEEMED A DEFAULT, ENTITLING THE CITY OF BOYNTON BEACH TO DRAW ON THE LETTER OF CREDIT. WE HEREBY ENGAGE WITH YOU THAT ALL DRAFTS DRAWN IN COMPLIANCE WITH THE TERMS OF THIS LETTER OF CREDIT WILL BE DULY HONORED UPON PRESENTATION AND DELIVERY OF THE DOCUMENTS SPECIFIED ABOVE TO SUNTRUST BANK, SOUTH FLORIDA, N.A., FT. LAUDERDALE, FLORIDA, C/O SUNTRUST INTERNATIONAL SERVICES, INC., 25 PARK PLACE, 16TH FLOOR, LETTER OF CREDIT DEPT., MC-3706, ATLANTA, GEORGIA 30303 ON OR BEFORE FEBRUARY 16, 1999, OR ANY EXTENDED DATE. EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1993 REVISION), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 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. SINCERELY, SUNTRUST BANK. SOUTH FLORIDA, . . /FORT LAUDERDALE , MICHAEL E. SULLIVAN PAGE 2 GROUP VICE PRESIDENT NATIONAL ASSOCIATION FLORIDA Att correspondence and communication should be directed to our agent SunTrust International Services, Inc., 25 Park Place, Atlanta, Georgia 30303 Telex: 542210 910225 (7/963