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HomeMy WebLinkAboutattachmentDPREVIOUS CONTRACT NO. H-b-01-090.B1 BID NO. H-9-03-242-B1 ATTACHMENT "D" PERFORMANCE AND PAYMENT GUARANTY FORM IRREVOCABLE LETTER OF CREDIT Date of Issue Issuing Bank's No. Beneficiary; Applicant; Broward County through its Broward County Board of County Commissioners Amount: County Administrator Governmental Center 115 South Andrew Avenue Fort Lauderdale, Florida 33301 Expiry: (Date) Bid/Contract Number We hereby authorize you to draw on at in United States Fund • (Bank, Issuer name) (Branch Address) (Contractor, Applicant, Customer) up to an aggregate amount, in United States Funds, of available by your draft at sight, accompanied by: (1) A signed statement from the County Administrator of Broward County, or the Administrator's authorized representative, that the drawing is due to default in performance of certain obligations on the part of by order of and for the account of (Contractor, Applicant, Customer) agreed upon by and between Broward County and (Contractor, Applicant, Customer) pursuant to the Bid/Contract No. for and Section 255.05, Florida Statutes. Drafts must be drawn and negotiated not later than (Name of Project) (Expiration Date) Drafts must bear the clause: "Drawn under Letter of Credit No. (Number) of , dated (Bank Name) RMIRS•PB09-2003 12I9103 Page BO of 95 PREVIOUS CONTRACT NO. H-5-01-090-B1 BID NO. N-9-03-242-B1 ATTACHMENT "D" (Continued) PERFORMANCE AND PAYMENT GUARANTY FORM IRREVOCABLE LETTER OF CREDIT This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall not in any way be modified, amended, or amplified by reference to any documents, instrument, or agreement referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. We hereby agree with the drawers, endorsers and bona fide holders of all drafts drawn under and in compliance with the terms of this credit that such drafts will be duly honored upon presentation to the drawee. Obligations under this Letter of Credit shall be released one (1) year after the final completion of the Project by the (Contractor, Applicant, Customer) and final acceptance by Broward County. This Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International Chamber of Commerce (1984 revision), Publication No. 400 and to the provisions of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law should arise, Florida law shall prevail. if a conflict between the law of another state or country and Florida law should arise, Florida law shall prevail. (NAME OF ISSUING BANK) Authorized Signature Type Name Type Title RMiRS.PB09-2003 .11111011. O n.. 04 nil OF