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1176-Suncom Dev LOCe `o � e PLANNING & DEVELOPMENT SERVICES ENGINEERING DIVISION MEMORANDUM TO: Cynthia Porter, Acting City Clerk FROM: David L. Richards, Planning Engineer D ATE: October 7, 2009 RE: Letter of Credit # BB 9919/AR45 r h I am forwarding the referenced Letter of Credit to your office for safe keeping. This LOC replaces LOC # 31 7 issue Colonial Bank for Suncom Development. This LOC was identified as Contr t # 1176 in y ecords. If you have any questions, please call me at ext. 5146. Thank you. x. II STANDBY LETTER OF CREDIT NUMBER BB 9919/AR45 IPAGE 1 II II PLACE OF ISSUE SUNRISE 1IRREVOCABLE II DATE OF ISSUE OCTOBER 01, 2009 ISTANDBY LETTER OF CREDIT �� AND PLACE OF EXPIRY €I II ADVISED BY MAIL (DATE i t I MAY 16, 2010 SUNRISE, FLORIDA I II APPLICANT (BENEFICIARY PEYELOPMENT, LLC. CITY OF SANFORD II x.550 N tkLMETTO AVE. I CITY COMMISSION, SANFORD CITY HALL SST 15 300 N. PARK AVENUE, POB 1788 SANFORD, FL 32771 I SANFORD, FL 32772-1788 II ADVISING BANK JAMOUNT USD28,585.40 U.S. DOLLARS I NOT APPLICABLE (TWENTY EIGHT THOUSAND FIVE HUNDRED II II (EIGHTY FIVE AND CENTS FORTY ONLY II II ICREDIT AVAILABLE WITH II II (BRANCH BANKING & TRUST COMPANY, II I BY PAYMENT II JAGAINST PRESENTATION OF THE DOCUMENTS II IDETAILED HEREIN II II II IRREVOCABLE LETTER OF CREDIT (FOR MAINTENANCE AGREEMENT WATER AND SEWER II II IMPROVEMENTS) II DEAR "COMMISSIONERS : II II BY ORDER OF SUNCOM DEVELOPMENT, LLC., WE HEREBY ESTABLISH AN IRREVOCABLE LETTER OF CREDIT IN YOUR FAVOR. WE HEREBY AUTHORIZE YOU TO DRAW ON BRANCH II BANKING AND TRUST COMPANY, 1580 SAWGRASS CORPORATE PARKWAY, SUITE 310, II SUNRISE, FL 33323 UP TO AN AGGREGATE AMOUNT OF UNITED STATES DOLLARS TWENTY II II EIGHT THOUSAND FIVE HUNDRED EIGHTY FIVE AND 40/100 (US$28,585.40) AVAILABLE II II BY YOUR DRAFTS AT SIGHT ACCOMPANIED BY A SIGNED STATEMENT OF THE CITY OF II SANFORD CITY COMMISSIONERS THAT THE MAINTENANCE AGREEMENT DATED MAY 16, II II 2007, BETWEEN SUNCOM DEVELOPMENT, LLC AND CITY OF SANFORD IS IN DEFAULT. ' II DRAFTS MUST BE DRAWN AND NEGOTIATED ON OR BEFORE MAY 16, 2010, AND EACH II DRAFT MUST STATE THAT IT IS DRAWN UNDER IRREVOCABLE LETTER OF CREDIT NO. BB II II 9919/AR45 OF BRANCH BANKING AND TRUST COMPANY, DATED OCTOBER 1, 2009, AND II THE AMOUNT THEREOF ENDORSED ON THIS LETTER OF CREDIT. THE BANK AGREES THAT II THIS LETTER OF CREDIT SHALL AUTOMATICALLY RENEW ITSELF FOR SUCCESSIVE II jj Q 7YEAR PERIODS UNLESS THE BANK SHALL GIVE NOTICE TO YOU NO LATER THAN II FORTY-FIVE (45) DAYS PRECEDING AN EXPIRATION DATE THAT IT CHOOSES NOT TO II II At'l4tW-THE'LETTER OF CREDIT, IN WHICH CASE, THE CITY SHALL BE ENTITLED TO II DEMAND AND RECEIVE THE OUTSTANDING AMOUNT OF MONEY REPRESENTED BY THIS LETTER OF CREDIT. IN THE EVENT A DRAW BASED ON EXPIRATION OF THIS LETTER OF � CREDIT THE PROCEEDS SHALL BE HELD BY THE CITY OF SANFORD AS A CASH BOND TO II SECURE CONTINUED ADHERENCE TO THE TERMS OF THE MAINTENANCE AGREEMENT WITH II II SUNCOM DEVELOPMENT, LLC. II t t • 1 1 � II STANDBY LETTER OF CREDIT NUMBER BB 9919/AR45 I`PAGE 2 II PLACE OF ISSUE SUNRISE (CONTINUATION OF II I i DATE OF ISSUE : OCTOBER 01, 20309 ISTANDBY'LETTER OF CREDIT I =� ii II ADVISED BY MAIL (DATE AND PLACE OF EXPIRY II MAY 16, 2010 SUNRISE, FLORIDA II II APPLICANT (BENEFICIARY II p �I E SNCOM DVELOPMENT LLC CITY OF SANFORD , ' . I 0si �L?�.LMETTO AVE. I CITY COMMISSION, SANFORD CITY HALL II ' ( 300 N PARK AVENUE, POB 1788 II SANFORD, FL 32771 I SANFORD, FL 32772 -1788 II II UPON TENDER OF PAYMENT, YOU WILL RELEASE TO THE BANK THE ORIGINAL II II IRREVOCABLE LETTER OF CREDIT MARKED "CANCELLED". IN ANY EVENT, UPON II EXPIRATION OF THE MAINTENANCE AGREEMENT DATED MAY 16, 2007, AND THE II COMPLETION OF SUNCOM DEVELOPMENT, LLC'S OBLIGATIONS THEREUNDER, YOU WILL II II RETURN THE ORIGINAL LETTER OF CREDIT TO THIS BANK MARKED "CANCELLED ". I� Ii WE HEREBY ENGAGE', WITH YOU THAT ALL DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS CREDIT, THAT SUCH DRAFT'S WILL BE DULY HONORED UPON'' I� II PRESENTATION TO THE DRAWEE. II IF THE CITY OF SANFORD CITY COMMISSIONERS INITIATES SUIT UNDER THIS LETTER II II OF CREDIT, THE BANK HEREBY AGREES TO BE RESPONSIBLE FOR THE CITY OF I�iSANFORD'S;6OURT COSTS AND REASONABLE ATTORNEY'S FEES, BUT BRANCH BANKING II it AAL�'RST 'COMPANY, SHALL NOT BE RESPONSIBLE FOR ANY ATTORNEY'S FEES IN II 'EXCESS'4 FIFTEEN PERCENT (15% OF THE AGGREGATE AMOUNT OF THIS LETTER OF II i I CREDIT. I II THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF OUR UNDERTAKING AND II SUCH UNDERTAKING SHALL NOT, IN ANY WAY, BE AMENDED BY REFERENCE HEREIN TO II ANY AGREEMENT, AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE II HEREIN BY REFERENCE ANY DOCUMENT OR AGREEMENT OTHER THAN THE MAINTENANCE II II AGREEMENT DATED MAY 16, 2007 AS REFERENCED HEREIN. II II EXCEPT SO FAR AS OTHERWISE EXPRESSLY STATED HEREIN, THIS LETTER OF CREDIT II II IS SUBJECT TO THE INTERNA'T'IONAL STANDBY PRACTICES 1998 I( "ISP98 "), II INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION 590. II END OF CREDIT * * * * * * * * ** II II II THIS AREA INTENTIONALLY BLANK BB&T �) STANDBY LETTER OF CREDIT NUMBER BB 9919/AR45 (PAGE 3 �( PLACE OF ISSUE SUNRISE II DATE OF ISSUE : OCTOBER 01, 2 ADVISED BY MAIL APPLICANT , S, JNCOI _DEV,ELOPMENT, LLC LMETTO AVE. , FL CONTINUATION OF 309 ISTANDBY LETTER OF CREDIT (DATE AND PLACE OF EXPIRY MAY 16, 2010 SUNRISE, FLORIDA II (BENEFICIARY Q CITY OF SANFORD CITY COMMISSION, SANFORD CITY HALL II 300 N PARK AVENUE, POB 1788 SANFORD, FL 32772 -1788 II 11 TIONALLY BLANK AUTHORIZED