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HomeMy WebLinkAboutLetter of Credit(ISSUE DATE) Irrevocable Standby Letter of Credit Number: ______________ BENEFICIARY: CITY OF RENTON 1055 S. GRADY WAY RENTON, WA 98057 ATTN: FINANCE DIRECTOR TEL: (425) 430-6850 APPLICANT: AVAYA 74 APARTMENT HOMES, LLC 23622 CALABASAS ROAD, SUITE 200 CALABASAS, CA 91302 AMOUNT: USD186,276.45 (U.S.DOLLARS ONE HUNDRED EIGHTY SIX THOUSAND TWO HUNDRED SEVENTY SIX AND 45/100 ONLY) EXPIRY DATE AND PLACE: TWO (2) YEARS FROM LC ISSUANCE DATE AT CITY NATIONAL BANK, INTERNATIONAL DEPARTMENT 350 S. GRAND AVENUE, MAIL CODE: 944-01, LOS ANGELES, CALIFORNIA. LADIES / GENTLEMEN, WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF CREDIT IN FAVOR OF CITY OF RENTON ('BENEFICIARY'), FOR THE ACCOUNT OF AVAYA 74 APARTMENT HOMES, LLC ('APPLICANT') UP TO AN AGGREGATE AMOUNT OF USD186,276.45 (U.S.DOLLARS ONE HUNDRED EIGHTY SIX THOUSAND TWO HUNDRED SEVENTY SIX AND 45/100 ONLY) AVAILABLE BY PAYMENT OF YOUR DRAFT(S) AT SIGHT IN THE FORM ATTACHED HERETO AS EXHIBIT A WITH APPROPRIATE INSERTIONS AND ACCOMPANIED BY DOCUMENTS AS SPECIFIED BELOW: 1. THIS ORIGINAL STANDBY LETTER OF CREDIT, AND AMENDMENT(S), IF ANY. 2. BENEFICIARY'S SIGNED AND DATED STATEMENT WORDED AS FOLLOWS: "THE UNDERSIGNED, AN AUTHORIZED SIGNER FOR CITY OF RENTON ('BENEFICIARY'), CERTIFIES THAT THERE HAS BEEN A FAILURE OF AVAYA 74 APARTMENT HOMES, LLC TO FAITHFULLY PERFORM AS PER TERMS AND CONDITIONS OF THAT CERTAIN CITY OF RENTON PERMIT NO. U15008868 COVERING CONSTRUCTION OF SITE INFRASTRUCTURE, STREET LIGHTING AND IMPROVEMENTS AND THAT THE AMOUNT OF THE DRAFT ACCOMPANYING THIS STATEMENT IS NOW DUE AND PAYABLE. THEREFORE, WE ARE DRAWING THE AMOUNT OF (INSERT AMOUNT OF DRAFT) UNDER CITY NATIONAL BANK LETTER OF CREDIT NUMBER (LC NUMBER)." PARTIAL AND MULTIPLE DRAWINGS ARE ALLOWED. WE HEREBY AGREE WITH YOU, THAT IF DRAWING DOCUMENTS, INCLUDING THE SIGHT DRAFT, ARE PRESENTED TO CITY NATIONAL BANK, AT THE BELOW ADDRESS IN LOS ANGELES, AT OR PRIOR TO 9:00 A.M. PACIFIC TIME ON A BUSINESS DAY, AND PROVIDED THAT SUCH SIGHT DRAFT(S) PRESENTED CONFORM WITH THE TERMS AND CONDITIONS OF THIS LETTER OF CREDIT, PAYMENT SHALL BE MADE BY US IN IMMEDIATELY AVAILABLE FUNDS BY WIRE TRANSFER IN ACCORDANCE WITH BENEFICIARY’S INSTRUCTIONS GIVEN IN CONJUNCTION WITH THE DRAWING DOCUMENTS BY OUR CLOSE OF BUSINESS ON THE SAME BUSINESS DAY. AS USED IN THIS LETTER OF CREDIT, "BUSINESS DAY" SHALL MEAN ANY DAY OTHER THAN A SATURDAY, SUNDAY OR A DAY ON WHICH BANKING INSTITUTIONS IN THE STATE OF CALIFORNIA ARE AUTHORIZED OR REQUIRED BY LAW TO CLOSE. DRAWING DOCUMENTS, INCLUDING THE SIGHT DRAFT, MAY BE PRESENTED TO CITY NATIONAL BANK FOR PAYMENT BY HAND, OVERNIGHT COURIER SERVICE OR REGISTERED MAIL WITH RETURN RECEIPT REQUESTED. WE HEREBY ENGAGE WITH YOU THAT ALL SIGHT DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS LETTER OF CREDIT SHALL BE DULY HONORED IF PRESENTED FOR PAYMENT AT THE OFFICE OF CITY NATIONAL BANK, INTERNATIONAL DEPARTMENT, 350 S. GRAND AVENUE, MAIL CODE: 944-01, LOS ANGELES, CALIFORNIA 90071 ON OR BEFORE THE EXPIRATION DATE OF THIS LETTER OF CREDIT. THIS LETTER OF CREDIT IS SUBJECT TO AND GOVERNED BY THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS OF THE INTERNATIONAL CHAMBER OF COMMERCE (PUBLICATION 600).  IF THIS LETTER OF CREDIT EXPIRES DURING AN INTERRUPTION OF BUSINESS AS DESCRIBED IN ARTICLE 36 OF SAID PUBLICATION 600, THE BANK HEREBY SPECIFICALLY AGREES TO EFFECT PAYMENT IF THIS CREDIT IS DRAWN AGAINST WITHIN THIRTY (30) DAYS AFTER THE RESUMPTION OF BUSINESS. SHOULD YOU HAVE OCCASION TO COMMUNICATE WITH US REGARDING THIS LETTER OF CREDIT, KINDLY DIRECT YOUR COMMUNICATION TO THE ATTENTION OF OUR STANDBY LETTER OF CREDIT DEPARTMENT AT THE ABOVE ADDRESS OR PHONE (213) 673-8651, MAKING SPECIFIC REFERENCE TO OUR LETTER OF CREDIT NUMBER (LC NUMBER). THIS EXHIBIT A IS AN INTEGRAL PART OF IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER ___________ SIGHT DRAFT DATE: ___________ TO: CITY NATIONAL BANK 350 S. GRAND AVENUE, MAIL CODE 944-01 LOS ANGELES, CALIFORNIA 90071 ATTN: INTERNATIONAL DEPARTMENT AT SIGHT, PAY TO THE ORDER OF: __________________________________________ THE SUM OF___________________________________________________ U.S. DOLLARS (USD__________________) DRAWN UNDER IRREVOCABLE STANDBY LETTER OF CREDIT NO. (LC NUMBER) OF CITY NATIONAL BANK, LOS ANGELES, CALIFORNIA.   CITY OF RENTON BY: __________________ (SIGNATURE) NAME: ________________ (PRINTED NAME) TITLE: _______________