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CM-05-12-217DRAFT U.S.$ 70,365.53 DATE: 10/03/2005 AT SIGHT Special Conditions: Drawn on PlainsCapital Bank Letter of Credit Number 2815 PAY TO THE ORDER OF: City of Round Rock Seventy Thousand Three Hundred Sixty-five dollars and 53/100 U.S. DOLLARS. FOR VALUE RECEIVED AND CHARGE THE SAME TO ACCOUNT OF: Canteberry Development, Ltd. TO: PlainsCapital Bank Austin, Texas es R. Nuse, P.E. anager ern- 05-/�-a.1-1 ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY CERTIFICATION OF CONDITIONS "A condition exists which, under Chapter 8.601 of the Round Rock Code of Ordinances (1995 edition), entitles the City of Round Rock to draw the amounts stated in this draft under Letter of Credit No. 2815„ for the construction of certain improvements associated with Eagle Ridge, Section 14, Phase II - - A portion of a 33.673 acre tract and also a replat of a portion of Vista Heights Section 4-A, 4-B, and 4-C. Cindy - •- ers, Director of Finance City of Round Rock R io lq1)5 Date Attested by: Christine Martinez, Cityin ' 0,5 Secretary Date City of Round Rock Mayor Nyle Maxwell Mayor Pro -tem Alan McGraw Council Members Rufus Honeycutt Joe Clifford Carlos T. Salinas Scott Rhode Gary Coe City Manager James R. Nuse, P.E. City Attorney Stephan L. Sheets CITY OF ROUND ROCK 22[ East Main Street Round Rock, Texas 78664 Phone: 512.218.5400 - Fax: 512.218.7028 • www.ci.round-rocktx.us PlainsCapital 4410 IRREVOCABLE LETTER OF CREDIT NO. 2815 TO: City of Round Rock, Texas RE: Eagle Ridge Section 14, Phase II DATE: October 4, 2004 TO WHOM IT MAY CONCERN: We hereby authorize you to draw on PlainsCapital Bank, 919 Congress Avenue, Suite 600, Austin, Texas 78701 for the account of Canteberry Development, Ltd. up to the aggregate amount of (U.S. $70,365.53) (Seventy Thousand, Three Hundred Sixty Five Dollars and 53/100) available by your draft accompanied by a certification by the City Manager, the Director of Finance, or City Engineer, that the following condition exists: A condition exists which, under chapter 8.601 of the Round Rock Code of Ordinances (1995 Edition), entitles the City of Round Rock to draw the amounts stated in this draft under Letter of Credit No. 2815, for the construction of certain improvements associated with Eagle Ridge, Section 14, Phase II - - A portion of a 33.673 acre tract and also a replat of a portion of Vista Heights Section 4-A, 4-B, and 4-C. Drafts must be drawn and presented by or on October 4, 2005 by the close of business of the Issuer of this credit and must specify the date and -number of this credit. Drafts will be honored within five calendar days of the presentment. We hereby engage all drawers that drafts drawn and presented in accordance with this credit shall be duly honored. Partial draws are permitted and the letter of credit shall be reduced by the amount of such partial draws as well as by any reduction letters authorized by the City_ The sum of such partial draws shall on no account exceed the Stated Amount of this credit, and upon any draw or reduction letter which exhausts this credit, the original of this credit will be surrendered to us. Except as expressly stated, this credit shall be subject to the Uniform Customs and Practice for Documentary Credits (1983 Revision), International Chamber of Commerce (Publication No. 400). This credit is irrevocable prior to its expiration date unless both parties consent to revocation in writing. Address of Issuer: PlainsCa 1 Bank 919 Congress Avenue, Suite 600 13Y: Austin, Texas 78707 James D Ylss� tel 512.457.7500 fax 512.494.8111 Its Senior Vi e President T:WDW.piasneaopmaI.OmR203 919 Congress Avenue, Suite 600 Austin, Texas 78701 -"ROUND ROCK, TEXAS PURPOSE. PASSIONL PROSPERITY CITY OF ROUND ROCK INTEROFFICE MEMORANDUM DATE: October 28, 2004 TO: FROM: Mianne Haley Engineering & Development Services RE: Joyce Banner Finance Eagle Ridge Section 14, Phase II LOC Transmitted herewith is Letter of Credit No. 2815 issued by Plains Capital Bank for Canteberry Development, Ltd. in the amount of $70,365.53. This bond has been submitted to the City to guarantee construction of necessary improvements for the above - referenced subdivision. Upon successful completion of the improvements, the Letter of Credit will be released. T:DevServilfetriaThEamtrYaglIcSocl4PhIl IL 4111 C, 04- mak' Public Works Departe