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HomeMy WebLinkAboutResolution - 2004-R0223 - Irrevocable Standby Letter Of Credit For Drainage Improvements - Compass Bank - 05_06_2004Resolution No.2004-R0223 Nay 6, 2004 Item No. 35 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock, or his designee, BE and is hereby authorized to execute any documents or instruments necessary or advisable to draw or draft, or to exercise any and all of the City's rights, upon the Irrevocable Standby Letter of Credit issued by Compass Bank. The Irrevocable Standby Letter of Credit No. S26099T from Compass Bank in the amount of $76,000.00 is in regard to paving and drainage improvements in the Western Estates Subdivision of the City of Lubbock, and expires May 14, 2004. A copy of the Irrevocable Standby Letter of Credit is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 6th day of ATTEST: Reb cca Garza, City Secretary APPROVED AS TO CONTENT: / �, 1-e� Keith Smith, Senior Civil Engineer APPROVED AS TO F Richard K. Casner First Assistant City Attorney ke/ccdocs/Letter of Credit. Res April 26, 2004 3 Resolution No. 2004-RO223 12 Compass Bank P.O. Box 4444 Houston, Texas 77210-4444 713 499-8645 / Fax 713 499-8659 Toll Free 888 627-8860 / Fax 888 627-8861 www.compassweb.com International Trade Services IRREVOCABLE STANDBY LETTER OF CREDIT NO. S26099T PLACE AND DATE OF ISSUE: HOUSTON, TEXAS MAY 14, 2003 APPLICANT: INDTVISA CORPORATION A TEXAS CORPORATION 2001 KIRBY DRIVE, SUITE 1001 HOUSTON, TEXAS 77019-6033 BENEFICIARY: CITY OF LUBBOCK P.O. BOX 2000 LUBBOCK, TEXAS 79457 GENTLEMEN: DATE AND PLACE OF EXPIRY: MAY 14, 2004 HOUSTON, TEXAS ADVISING BANK: NOT APPLICABLE AMOUNT: USD76,000.00 (SEVENTY SIX THOUSAND AND NO/100 U.S. DOLLARS) WE HEREBY ESTABLISH OUR IRREVOCABLE LETTER OF CREDIT NO. S26099T IN YOUR FAVOR FOR ACCOUNT OF INDIVISA CORPORATION WHICH IS AVAILABLE UP TO AN AGGREGATE AMOUNT OF SEVENTY SIX THOUSAND AND NO/100 U.S. DOLLARS ($76,000.00) BY PRESENTATION OF BENEFICIARY'S SIGHT DRAFT(S) DRAWN ON COMPASS BANK ACCOMPANIED BY THE ORIGINAL OF THIS LETTER OF CREDIT AND THE FOLLOWING DOCUMENT(S): • BENEFICIARY'S STATEMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE CITY OF LUBBOCK READING: "WE HEREBY CERTIFY THAT THE CONSTRUCTION OF MUNICIPAL PAVING AND DRAINAGE IMPROVEMENTS HAVE NOT BEEN COMPLETED ON WESTERN ESTATES IN COMPLIANCE WITH APPLICABLE STATUTES, ORDINANCES, CONTRACTS OR OTHER APPLICABLE RULES AND REGULATIONS, OR THAT THE IMPROVEMENTS ARE DEFECTIVE." SPECIAL CONDITIONS: THIS IRREVOCABLE LETTER OF CREDIT SHALL BE HONORED UP TO THE AMOUNT OF SEVENTY SIX THOUSAND AND NO/100 U.S. DOLLARS ($76,000.00) UNTIL FINAL ACCEPTANCE OF THE PROJECT BY THE CITY OF LUBBOCK, BUT IN ANY EVENT NO LATER THAN MAY 14, 2004. DRAFT(S) MUST BE MARKED: "DRAWN UNDER COMPASS BANK LETTER OF CREDIT NO. S26099T." WE HEREBY ENGAGE WITH YOU THAT ALL DRAFT(S) DRAWN UNDER AND IN COMPLIANCE WITH ALL THE TERMS AND CONDITIONS OF THIS CREDIT WILL BE DULY HONORED IF DRAWN AND PRESENTED, BY TRACEABLE COURIER OR IN PERSON, FOR PAYMENT BETWEEN THE HOURS OF 8:00 A.M. AND 4:00 P.M. MONDAY THROUGH FRIDAY ON A DAY WHEN THE INTERNATIONAL TRADE SERVICES OFFICE IS OPEN FOR BUSINESS AT 24 GREENWAY PLAZA, INTERNATIONAL TRADE SERVICES, SUITE 1601, HOUSTON, TEXAS 77046 ON OR BEFORE THE EXPIRATION OF THIS LETTER OF CREDIT. THIS CREDIT IS SUBJECT TO THE LAWS OF THE STATE OF TEXAS. AUTHORIZED SIGNATURE VICE-PRESIDENT