Loading...
R90-176R SO ,UT O / ?A A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE ACCEPTANCE OF THE FIRST AMENDMENT TO THE MINDY HILL SURETY AGREEMENT FOR THE "BLUM PLAT", AND THE RELATED LETTER OF CREDIT. WHEREAS, HILL was unable to obtain the Letter of Credit in compliance with the conditions of the Agreement as ~reviously approved by the City Commission on May 15, 1990; .nd WHEREAS, the First Amendment and Letter ~ttached hereto reflect the changes modifying the ~greement to provide for a letter of credit which )btain and which is acceptable to City Staff and %ttorney; of Credit original HILL can the City NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF ~HE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That the attached Agreement and letter )f credit are hereby accepted and approved by the City lommission. PASSED ANDADOPTED this day of /~2~-~, 1990. CITY BEACH, FLORIDA Commissioner CommissiOner ~ %TTEST: [C~r_po~ate Seal) Prepared by: Lee B. Gordon, Esquire Boose, Casey, Ciklin, Lubitz, Martens, McBane & O'Connell Northbridge Tower I - 18th Floor 515 North Ftagler Drive West Palm Beach, Florida 33401 RETURN TO: ~ay ~ussman, Esqulre Josias & Goren, P.A. 3099 East Commercial Boulevard Suite 200 Ft. Lauderdale, Florida 33309 FIRST AMENDMENT TO THE AGREEMENT BETWEEN CITY OF BOYNTON BEACH, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA AND MINDY HILL PROVIDING FOR THE SUBSTITUTION OF SURETY FOR THE BLUM PLAT LOCATED IN PALM BEACH COUNTY, FLORIDA .THIS FIRST AMENDMENT TO THE AGREEMENT entered into between the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida (hereinafter referred to as "CITY"), through its Board of Commissioners, and MINDY HILL, an individual (hereinafter referred to as "HILL"). WI TNE S S E TH: WHEREAS, CITY and HILL entered into that cer=ain Agreement Between City of Boynton Beach, A Municipal Corporation Of The State Of Florida And Mindy Hill Providing ~For The Substitution Of Surety For The Blum Plat Located In Palm Beach County, Florida (hereinafter referred to as the HAgreement~), dated September 7, 1990, and recorded October 10, 1990 in Official Record Book 6605, Page 1327, in the Public Records of Palm Beach County, Florida; and W~EREAS, because HILL was unable to obtain the LETTER OF CREDIT in compliance with the conditions of the Agreement, HILL has requested-that the CITY permit HILL to obtain the LETTER OF CREDIT upon the terms and conditions as are hereinafter set forth; and W~EREAS, CITY is agreeable to permit the modification of the Agreement upon the terms and conditions as set forth hereinbelow. NOW, T~EREFORE, in consideration of the mutual terms, conditions, promises, covenants and payments s~t forth~ CITY and HILL agree as follows: 1.0 CITY and HILL hereby ratify and confirm as true and correct the foregoing whereas clauses. 2.0 Paragraph 2.0 of the Agreement is hereby amended to reflect that the LETTER OF CREDIT (as defined in the Agreement) shall be initially issued for a one (t) year term, with automatic one (1) year extensions thereafter. Notwithstanding the foregoing, the issuing bank may cancel the LETTER OF CREDIT at the expiration of the initial term or any subsequent renewal term provided that CITY and HILL are furnished with at least sixty (60) days prior written notice of issuing bank's intention to cancel. In such event, HILL shall have up to fifteen (15) calender days from the date of such cancellation 2 notice within which to provide CITY with a substitute letter of credit upon the same terms and conditions as the one being cancelled. If HILL fails to provide a substitute letter of credit within the said fifteen (15) calendar day period, CITY may, at its option, draw upon the entire LETTER 3.0 this OF CREDIT, for which HILL consents t-hereto. HILL hereby specifically waives any right to object to such draw by CITY notwithstanding the then current status of the construction of the IMPROVEMENTS (as defined acknowledges and agrees that CITY shall have option to immediately draw upon the entire LETTER OF CREDIT following the expiration of fifteen (15) calendar day period. Except as specifically modified herein, otherwise remain unmodified and in full signing by and through execute same by CITY on in the Agreement). HILL the right and amount of the the aforesaid the Agreement shall force and-effect. IN WITNESS WHEREOF, the parties hereto have made and executed First Amendment on the respective dates under each signature. THE CITY OF BOYNTON BEACH, through its Board of Commissioners its Chairman and Secretary authorized to the ~ day of ~///~w=-~, 1990. "CITY" CITY OF BOYNTON BEACH Witnes? BOAR~O? COMI~IS~IONERS By: GENE MOO~E Atte: Attorney Approved As To Legal Form By City For The City Of Boynton Beach, Florida / Josias & Gor~, P.A. 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33309 305-771-4500 Witness "HILL" MINDY HILL Date: STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknow- ledgements, personally appeared ~A¥0R GENE MOORE , as Chairman of the Board of Commissioners of the City of Boynton Beach, Florida, to me known to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same. WITNESS my hand and official seal in the State and County last aforesaid this 27th day of . NOVEMBER , 1990. My Commission Expi~'d~, STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in .the State and County aforesaid to take acknow- ledgements, personally appeared SUZANNE M. K~USE , as City Clerk, of the Board of Commissioners of the City of Boynton Beach Florida, to me known to be the person described in and who executed the foregoing instrument and he acknowledged ~sfo~e me that he executed the same. ,,- ~\~ WITNESS my hand and official seal in the State-:;~\ ~o~: last aforesaid, this 27thday of N0VE~EK 1990~ // STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknow- ledgements, personally appeared JAMES A. CHEROF, as City Attorney of the City of Boynton Beach, Florida, to me known to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same. WITNESS my hand¢ and. official,~ seal in the State and County last aforesaid this,~.'~day of · ~ ~ '.~-~,~,'-¢'~ , 1990. 5 STATE OF FLORIDA COUNTY OF PAL~ BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and C~unty aforesaid to take acknow- ledgements, personally appeared MINDY HILL, to me known to be the person described i~. and who executed the foregoing instrument and she acknowledged before me ~hat she executed the same. WITNESS my hand ,aDd official seal in the State and County last aforesaid this /~day of ~t3~/~ , 1990. My Commission Expires: 6 RECORD VERIFIED ~ALM REACH COUNTY, FLA JOHN B. DUNKLE CLERK CIRCUJ T COURt city oX Boyn on Beach 100 E. '3B/ntort BeacI~ Boulevard 'p.O. Box310 Boyncon Beach, Florid~ 33425-0310 Oty Ha!l: (407' 734-8111 F:xTt': (4071738- 7459 December 10, 1990 Boose, Caseyr Ciklin, Lubitz Northbridge Tower I 18th Floor 515 North Flagler Drive West Palm Beach, FL 33401 RE: Return of $1.60 and a copy of to the Agreement mabe between Beach and Mind.y Hill the First Amendmen~ The City of Boynton To Whom It May Concern~ Attached please find a copy of the above mentioned agreement which was recorded in Palm Beach County on November 30, 1990. Also attached is $1.60 which was returned no us ~or overpayment from the recording department. I~ you have any questions, please do non hesitate to contac~ me. Sincerely,_ CITY OF BOYNTON BEACH mas attachments Peggy ~nite Boulle Deputy City Clerk