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O98-08ORDINANCE NO. O98-~g~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 7, "SURETY" OF THE LAND DEVELOPMENT REGULATIONS, BY AMENDING ARTICLE 1, SECTION 3.A.l.b PROVIDING THAT LETTERS OF CREDIT MAY HAVE EXPIRATION DATES, THAT THE LETTER OF CREDIT SHALL BE AUTOMATICALLY RENEWED UNLESS THE CITY IS NOTICED BY ISSUER, THAT NOTICE TO CITY THAT THE LETTER OF CREDIT WILL EXPIRE PRIOR TO PERFORMANCE OF THE OBLIGATIONS GUARANTEED THEREIN SHALL BE DEEMED A DEFAULT; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, it has come to the attention of the City Commission of the City of Boynton Beach that clarification is required regarding the required elements of Letters of Credit as set forth in the Land Development Regulations; and WHEREAS, the general practice in the banking industry is to affix expiration dates to letters of credit, rather than have the term of the letter of credit dictated by a local governing body; and WHEREAS, the City requires notice that a letter of credit is about to expire so that the letter of credit can be extended or drawn upon to pay for the required improvements; and WHEREAS, upon recommendation of staff, the City Commission of the City of Boynton Beach has deemed.it to be in the best interests of the citizens and residents of the City of Boynton Beach to amend Section 3.A.1 .b of Chapter 7 of the ca\ord\letters of credit criteria Rev. 1/6/98 I T Land Development RegulatiOns to provide for enforceability of letters of credit having expiration dates. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That Chapter 7. Surety. Article I. In General, Section 3.A.l.b is hereby amended by adding the words and figures in underlined type and by deleting the words and figures in struck-through type, as follows: The letter of credit is irrevocable and shall remain enforceable until released by a resolution adopted by the City Commission, or until the letter of credit expires. If the letter of credit provides for an expiration date, said letter of credit shall be automatically renewed for successive pedods, of one (1) year each unless the issuer of the letter of credit provides the City wdtten notice of its intent to cancel the letter of credit. Said notice must be provided at least ninety (90) days pdor to the expiration of the date of the original term or any renewed one (1) year term. Notice to the City that the letter of credit will expire prior to the performance of the obliqations guaranteed by the letter of credit shall be deemed a default and shall entitle City to collect on the letter of credit. Section 2. That each and every other section of Chapter 7 of the.Land Development Regulations not herein specifically amended shall remain in full force and effect as previously enacted. Section 3. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. Should any section or provision of this Ordinance of any portion thereof be declared-by a court of competent jurisdiction to be invalid, such decision ca\ord\letters of credit criteda Rev. 1/6/98 2 shall not affect the remainder of this Ordinance. Section 5. Authority is hereby given to codify this Ordinance. Section 6. This Ordinance shall become effective immediately upon passage. FIRST READING this ,¢¢,¢ day of ~/.z_¢¢,4'¢, 199,¢'. SECOND, FINAL READING AND PASSAGE this -,.¢ day of ~,,~y , 1998. ATTEST: Vic, e~, ayor Commissioner ommissioner~ City'Clerk ca\ord\letters of credit criteria Rev. 1/6/98