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R96-021RESOLUTION NO. R96-~/ 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 $57,000.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City currently holds a Letter of Credit No. SM-00349-095 in the amount of $57,000.00, issued by NationsBank of Florida, N.A., on April 17, 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 $57,000.00, No. LC-017721-MA; 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 the release of surety to Florida Retail Properties, Inc., (L/C #SM-00349-095), and substitutes the Letter of Credit, No. LC-017721-MA in th amount of $57,000.00, issued by Michigan National Bank on behalf of new applicant, Agree Limited Partnership. Section 2. That this Resolution effective immediately upon passage. shall become PASSED AND ADOPTED this ~ day of February, 1996. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor ~ / ~ '., '~ Commi~iCer ATTEST: City Clerk - (Corporate Seal) Commissioner Sub. L/C($57,000) W 15196 Boynton Festive Center 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 ISSUE DATE: 17APR95 IRREVOCABLE LETTER OF CREDIT NUMBER: 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 33423-0310 ATTN: PETER MAZZELLA EXPIRY DATE: / PLACE O1APR96 OUR COUNTERS AMOUNT: $57,000.00 WE HEREBY AUTHORIZE YOU TO DRAW ON NATIONSBANK OF FLORIDA, N.A., 80 S.W. 8TH STREET, 23RD FLOOR, MIAMI, FL 33130, BY ORDER OF NEXT FLORIDA RETAIL PROPERTIES, INC. UP TO AN AGGREGATE AMOUNT, IN UNITED STATES FUNDS OF FIFTY SEVEN THOUSAND AND 00/100 DOLLARS ($57,000.00), AVAILABLE BY YOUR DRAFTS AT SIGHT BEARING THE CLAUSE "DRAWN UNDER NATIONSBANK OF FLORIDA, N.A. IRREVOCABLE LETTER OF CREDIT NO. SM-00349.-095", ACCOMPANIED BY: WRITTEN STATEMENT PURPORTEDLY FOLLOWING WORDING: SIGNED BY THE BENEFICIARY WITH THE "FLORIDA RETAIL .PROPERTIES, INC. FAILED TO COMPLETE PHASE II OF THE INSTALLATION OF THE WATER DISTRIBUTION SYSTEM FOR THE PROJECT KNOWN AS BOYNTON FESTIVE CENTER LOCATED AT THE N.W. CORNER OF CONGRESS AVENUE AND OLD BOYNTON ROAD, BOYNTON BEACH, FLORIDA BY OCTOBER 1995, AND IS THE COST TO COMPLETE THE INSTALLATION OF SUCH PHASE II OF THE WATER DISTRIBUTION SYSTEM IS $57,000.00". 'THIS CREDIT IS SUBJECT TO THE "UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY" CREDITS (1993 REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500, AND THE LAWS OF THE STATE OF FLORIDA IN THE EVENT OF ANY CONFLICT THE LAWS OF THE STATE OF FLORIDA SHALL APPLY. THIS LETTER OF CREDIT SHALL BE ENFORCEABLE IN A COURT OF COMPETENT JURISDICTION IN PALM BEACH COUNTY, FLORIDA. PHASE II OF WATER DISTRIBUTION SYSTEM SHALL BE DEEMED COMPLETED WHEN THE WATER DISTRIBUTION SYSTEM FOR THE TWO RETAIL STORES ON THE WEST SIDE OF 'THE PROPERTY HAVE BEEN COMPLETED AND UPON OUR RECEIPT OF WRITTEN APPROVAL FROM THE BENEFICIARY AUTHORIZING CANCELLATION OF THIS LETTER OF CREDIT. WE HEREBY ENGAGE WITH YOU THAT ALL DRAFTS DRAWN UNDER AND IN COMPLIANT WITH THE TERMS AND CONDITIONS OF THIS CREDIT SHALL BE DULY HONORED IF DRAWN AND PRESENTED FOR PAYMENT AT THIS OFFICE ON 'OR BEFORE O1APR96. CJ NATIONSBANK OF FLORIDA, N.A. Authorized Signature ~...~_. l~i±¢heJ_e Broussard, V±¢e-Pre$±denr MEMORANDUM To: From: ~Date: _Subject: Grady Swarm, Finance Director ' Utilitie: John A. Guidry, Director of -,4e,,I. ,.,, :, Bond/~ee Transmittal - Amount 6;~, oo CASH BOND: Check No. Amount - $ ADMIN/INSPECTION FEE: Check No. Amount water Amount' Sewer - $ . Total-- SEWER TELEVISING FEE: (@ $1.35/L~F.) ~Check No. - Based on COST DOCUMENTATION: (Check One) Engineer°-s Estimate Copy of Contract Other: Plans dmt Mic.ldgan National Ban :]SSU]NG BANK: Hichigan National Bank 27535 West Eleven Mile Road Southfield, MI 480~4 PLACE ANO DATE OF iSSUE: Southfield. MI i996 JANUARY 26 27-03 IRREVOCABLE STANDBY LETTER OF CREDIT APPLICANT: ~ AGREE LtMiTcD PARTNERSHIP S1850 NORTHWESTERN HIGHWAY FARMINGTON HILLS, MI 48SS4 NUMBER LC-Ot7721-MA ADVISING BANK: BARNETT BANK OF SOUTH FLORIDA 701 8RICKELL AVE~, 8TH FLOOR MIAMI, FL 5~15I ]PLACE AND DATE OF EXPIRY: AT COUNTERS OF.A~:)VISING BANK 1996 OCTOBER 1 PARTIAL DRAWINGS: PERMITTED. iBENEFICIARY: THE CITY OF 80YNTON 8EACH. FLORIDA ATTN: PETER MAZZELLA lO0 E. BOYNTON 8EACH 8LVO BOYNTON BEACH, FL . AMOUNT: USD57,000.O0 UP TO AN AGGREGATE THEREOF CREDIT AVA!LABLE WITH: BARNETT B~NK OF SOUTH FLORIDA MIAMI, FL S3!S1 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 SS15i 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 tS RELATIVE TO INSTALLATION OF WATER DISTRIBUTION SYSTEM FOR THE PROJECT "BOYNTON FESTIVE CENTER"LOCATED AT N.W. CORNER OF CONGRESS AVENUE ANO OLD Continued on page 2. '02 ~10 92,~- - Mic_ gan National Bank Page: 2 Letter of Credit No. LC-O17721-MA 01/26/1996 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 BE DULY HONORED IF PRESENTED TO OUR OFFICE AT 27335 WEST ELEVEN MILE ROAD (27-0~), SOUTHFIELD, MICHIGAN 48034, ON OR BEFORE THE EXPIRATION DATE. THIS ORIGINAL LETTER OF CREDIT MUST BE SUBMITTED TO US TOGETHER WITH ANY F ~ DRAWINGS HEREUNDER FOR OUR _NDORScMENT OF ANY PAYMENTS EFFECTED BY US AND/OR FOR CANCELLAT!ONx THIS LETTER OF CREDIT IS ENFORCEABLE IN A COURT OF COMPETENT JURISDICTION IN PALM BEACH COUNTY, FLORIDA, AND 1S TO BE INTERPRETED BY FLORIDA LAW. REIMBURSEMENT INSTRUCTIONS: UPON RECEIPT OF YOUR TESTED TELEX QUOTING OUR LETTER OF CREDIT NUMBER AND AMOUNT OF DRAWING, WE SHALL REIMBURSE YOU ACCORDING TO YOUR INSTRUCTIONS. 49O2 (10~921