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R96-022RESOLUTION NO. R96-~f~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE SUBSTITUTION OF SURETY FOR THE PROJECT KNOWN AS BOYNTON FESTIVE CENTER, PHASE II IN THE AMOUNT OF $11,000.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City currently holds a Letter of Credit No. SM-49048-095 in the amount of $11,000.00, issued by NationsBank of Florida, N.A., on February 1, 1995, on behalf of applicant Florida Retail Properties, Inc.; and WHEREAS, the property was sold on January 26, 1996 to Agree Limited Partnership, and the new applicant has submitted a substitute Letter of Credit, issued by Michigan National Bank to be drawn on Barnett Bank of South Florida in the amount of $11,000.00, No. LC-017722-MA; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: ~ The City Commission of the City of Boynton Beach, Florida hereby authorizes the release of surety to Florida Retail Properties, Inc., (L/C #SM-49048-095), and substitutes the Letter of Credit, No. LC-017722-MA in the amoun tof $11,000o00, issued by Michigan National Bank on behalf of new applicant, Agree Limited Partnership. ~_~ That this Resolution effective immediately upon passage. shall become PASSED AND ADOPTED this ~ day of February, 1996. CITY OF BOYNTON BEACH, FLORIDA May& / a¥or Pr~Tem ~', ~ner ~.~ ATTEST: (Corporate Seal) Commissioner Sub. L/O($11,000) 2/15/g 6 Boynton Festive Center Stic.higan National ~!SSUIN6 BANK: Michigan National Bank 27335 West Eleven Mile Road Southfield, MI 48034 27-03 PLACE AND DATE OF ISSUE: Southfield, MI 1996 JANUARY 26 APPLICANT: AGREE LIMITED PARTNERSHIP 31850 NORTHWESTERN HIGHWAY FARMINGTON HILLS, MI 48334 ADVISING BANK: BARNETT BANK OF SOUTH FLORIDA 701BRICKELL AVE., 8TH FLOOR MIAMI, FL 33131 PARTIAL DRAWINGS: PERMITTED. IRREVOCABLE STANOBY LETTER OF CREDIT NUMBER LC-Ot7722-MA PLACE AND DATE OF EXPIRY: AT COUNTERS OF ADVISING BANK 1996 OCTOBER i BENEFICIARY: THE CiTY OF BOYNTON BEACH, FLORIDA ATTN: PETER MAZZELLA lO0 E_ BOYNTON 8EACH 8LVO. 80YNTON 8EACH, FL 33423-0310 AMOUNT: USDlt,000.OO UP TO AN AGGREGATE THEREOF CREDIT AVAILABLE WITH: BARNETT BANK OF SOUTH FLORIDA MIAMI, FL 35131 BY: PAYMENT Against presentation of documents detailed herein and drafts at: SIGHT Drawn on: BARNETT BANK OF SOUTH FLORIDA 701 BRICKELL AVE., 8TH FLOOR MIAMI, FL 33131 We hereby issue our irrevocable standby letter of credit in favor of beneficiary. Documents Required: NONE. THIS LETTER OF CREDIT IS CLEAN AND IRREVOCABLE AND SHALL REMAIN ENFORCABLE UNTIL RELEASED BY A RESOLUTION ADOPTED BY THE CITY COMMISSION. THIS LETTER OF CREDIT IS RELATIVE TO WATER, SEWER, PAVING AND DRAINAGE FOR TWO RETAIL CENTERS LOCATED AT "BOYNTON FESTIVE CENTER" WHICH IS LOCATED AT N,W. CORNER OF CONGRESS AVENUE AND Continued on page 2. 49~D2 ~ t 0/92) Michigan_ National Bank Page: 2 Letter of Credit No. LC-Oi7722-MA oi/2~/i99,s OLD BOYNTON ROAD. BOYNTON BEACH, FLORIDA. WE HEREBY ENGAGE WITH YOU THAT EACH DRAFT DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS LETTER OF CREDIT WILL 8E DULY HONORED IF PRESENTED TO OUR OFFICE AT 27335 WEST ELEVEN MILE ROAD (27-03), SOUTHFIELD, MICHIGAN 48034, ON OR BEFORE THE EXPIRATION DATE. THIS ORIGINAL LETTER OF CREDIT MUST BE SUBMITTED TO US TOGETHER WITH ANY DRAWINGS HEREUNDER FOR OUR ENOORSEMENT OF ANY PAYMENTS EFFECTED BY US AND/OR FOR CANCELLATION. YHiS LETTER OF CREDIT IS ENFORCEABLE IN A COURT OF COMPETENT JURISDICTION ON PALM BEACH COUNTY, FLORIDA, AND IS TO BE INTERPRETED 8Y FLORIDA LAW. REIMBURSEMENT INSTRUCTIONS: UPON RECEIPT OF YOUR TESTED TELEX QUOTING OUR LETTER OF CREDIT NUMBER AND AMOUNT OF DRAWING, WE SHALL REIMBURSE YOU ACCOROING TO YOUR INSTRUCTIONS. ~02, lO 92i NationsBank of Florida, N.A. International Department 80 SW 8th Street, 23rd Floor, Miami, Florida 33130 U.S.A. PO Box 019624, Miami Fl 33101-9624 U.S.A. OI~IGINAL Telephone (305) 358-0327 Telex: 6733602 NATIONSBK MIA SWIFT: NABKUS3B APPLICANT: FLORIDA RETAIL PROPERTIES, INC. P.O. BOX 772530 CORAL SPRINGS, FL 33077-2530 BENEFICIARY: THE CITY OF BOYNTON BEACH, FLORIDA 100 E. BOYNTON BEACH BLVD. P.O. BOX-310 BOYNTON BEACH, FL 33425-0310 ATTN: WILLIAM HUKILL AMOUNT: USDll,000.00 ISSUE DATE: O1FEB95 L/C NUMBER: SM-49048-095 EXPIRY DATE - PLACE 31JAN96 AT OUR COUNTERS WE HEREBY OPEN OUR IRREVOCABLE LETTER OF CREDIT WHICH IS AVAILABLE AT SIGHT BY DRAFTS DRAWN ON CLAUSE "DRAWN UNDER IRREVOCABLE LETTER OF CREDIT DATED 01FEB95" ACCOMPANIED BY: IN YOUR FAVOR US BEARING THE NO. SM-49048-095 A WRITTEN STATEMENT PURPORTEDLY SIGNED BY THE BENEFICIARY WITH THE FOLLOWING WORDING: FLORIDA RETAIL PROPERTIES, INC., AFTER APPROPRIATE NOTICE AND DEMAND, ABANDONED THE PROJECT AND FAILED TO REPAIR PUBLIC FACILITIES DAMAGED DURING THE COURSE OF CONSTRUCTION OF WATER, SEWER, PAVING AND DRAINAGE AND/OR FAILED TO SECURE THE JOB SITE FOR PHASE II OF THE PROJECT KNOWN AS BOYNTON FESTIVE CENTER LOCATED AT THE N.W. CORNER OF CONGRESS AVENUE' AND OLD BOYNTON ROAD, BOYNTON BEACH, FLORIDA AND THE COST TO REPAIR SUCH PUBLIC FACILITIES AND/OR SECURE SUCH JOB SITE IS $11~000.00. OUR CUSTOMER ADVISES US THAT PHASE II SHALL BE DEEMED COMPLETED WHEN THE WATER, SEWER, PAVING AND DRAINAGE FOR THE TWO RETAIL STORES ON THE WEST SIDE OF THE PROPERTY HAVE BEEN COMPLETED AND APPROVED BY THE BENEFICIARY. THE ORIGINAL LETTER OF CREDIT MUST ACCOMPANY ANY DRAWINGS. THIS LETTER OF CREDIT IG SUBJECT TO THE UNIFORM PRACTICE FOR DOCUMENTARY CREDITS (I993 REVISION) CHAMBER OF COMMERCE PUBLICATION NO. 500. CUSTOMS AND INTERNATIONAL SPECIAL CONDITIONS: DOCUMENTS TO BE FORWARDED TO NATIONSBANK OF' FLORIDA, NA., ATTN: L/C DEPT., 80 S.W. 8TH STREET, 23RD. FLOOR, MIAMI, FLORIDA 33130 TELEPHONE:(305)3?9-2847. WE HEREBY ENGAGE WITH YOU THAT ALL DRAFTS COMPLIANCE WITH THE TERMS OF THIS LETTER OF HONORED UPON PRESENTATION TO US. DRAWN UNDER AND IN CREDIT WILL BE DULY THIS IS IRREVOCABLE L/C NUMBER SM-49048-095 ISSUED O1FEB95 BY NATIONSBANK OF FLORIDA, N.A., MIAMI~ FLORIDA 33130 USA. CJ NATIONSBANK OF FLORIDA, N.A. Micheline Daniel ? AVP NationsBank of Florida, N.A. International Depm'tment 80 SW 8th Street, 23rd Floor, Miami, Florida 33130 U.S.A. PO Box 019624, Miami Fl 33101-9624 U.S.A. ORIGINAL Telephone (305) 358-0327 Telex: 6733602 NATIONSBK MIA SWIFT: NABKUS3B IRREVOCABLE STANDBY LETTER OF CREDIT AMENDMENT ISSUE DATE: 08FEB95 ~-- L/C NO. SM-49048-095 APPLICANT: FLORIDA RETAIL PROPERTIES, INC. P.O. BOX 772530 CORAL SPRINGS, FL 33077-2530 BENEFICIARy: THE CITY OF BOYNTON BEACH, FLORIDA 100 E. BOYNTON BEACH, BLVD. P.O. BOX 310 BOYNTON BEACH, FL 33425-0310 ATTN: WILLIAM HUKILL THE ABOVE CREDIT IS AMENDED AS FOLLOWS: 1. ADD TO THE PORTION OF THE LETTER OF CREDIT SETTING FORTH THE WORDING NECESSARY TO DRAW ON THE LETTER OF CREDIT THE FOLLOWING: IN THE ALTERNATIVE, BUT NOT EARLIER THAN DECEMBER 31, 1995, A WRITTEN STATEMENT PURPORTEDLY SIGNED BY THE BENEFICIARY THAT "PHASE II OF THE PROJECT KNOWN AS BOYNTON FEGTIVE CENTER HAS NOT BEEN COMPLETED." 2. ADD: "THIS LETTER OF CREDIT SHALL BE ENFORCEABLE IN A COURT OF COMPETENT JURISDICTION IN PALM BEACH COUNTY, FLORIDA." AMENDMENT NUMBER: 01 ALL OTHER TERMS AND CONDITIONS OF THE CREDIT REMAIN UNCHANGED. THIS ADVICE OF AMENDMENT IS TO BE CONSIDERED A PART OF THE ORIGINAL CREDIT AND MUST BE ATTACHED THERETO. CJ NATIONSBANK OF FLORIDA, N.A. .~'uthorized Signature