Loading...
HomeMy WebLinkAboutItem #10 Wesmere Property/ Villages of Wesmere:FOLEY FOLEY & LARDNER LLP ATTORNEYS AT LAIN AGENDA ITEM COVER SHEET Meeting date: December 15, 2009 Item # 10 Re viewed By: Paul E. Rosenthal, city Contact Name: Department Director: Aftorney.----- /)d A Contact Number: 4city Manager: Subject: Wesmere Pro e y i I /ages of Wesmere Background Summary: David Wheeler Wesmere Development has delivered the following to the city: Regions Sank Letters of credit Nos. 55102041 and 55102042 in the amounts of $336,496-92 and $227,905.05, respectively. These Letters of credit (LOC) were provided in connection with the subdivision improvements for the "Wesmere Property" and "The Villages of Wesmere Townhomes". The Letters of credit are scheduled to expire on December 21, 2009 and Regions Sank has declined to extend the terms of the Letters of credit. As of this date, there is an extensive list of items to be completed and Wesmere Development LLc has not performed its obligations under the LOC. David Wheeler is available at the meeting to answer any questions regarding the outstanding obligations to be completed. The proceeds from the draw on the LOC will be utilized to pay for the cost of completing the outstanding obligations, expenses incurred by the city in drawing on the LOC and certain administrative charges. Issue: Should the city commission authorize the Mayor and/or city Manager to execute such documents as are necessary to call on Regions Sank Letters of credit Nos. 55102041 and 55102042 in the amounts of $336,496.92 and $227,905.05, respectively, which have been provide to the city in connection with the development of the "Wesmere Property" and "The Villages of Wesmere Townhomes"? Recommendations Staff recommends that the city commission authorize the Mayor and/or city Manager to execute such documents as are necessary to call on Regions Sank Letters of credit Nos. 55102041 and 55102942 in the amounts of $336,496.92 and $227,905.05, respectively, which have been provide to the city in connection with the development of the "Wesmere Property" and "The Villages of Wesmere Townhomes". LA_1478790.1 Attachments: Copy of Regions Bank Letters of Credit Nos. 55102041 and 55102042 Financial Impact: None. Type of item: XC❑ Public Hearing Ordinance First Beading Ordinance First Beading Resolution Commission Approval Discussion & Direction For Clerk's ae t Use. - El Consent Agenda ❑ Public Hearing C❑ Regular Agenda ❑ Original Document/Contract Attached for Execution by City Clerk ❑ Original Document/Contract Held by Department for Execution Reviewed by City Attorney Paul E. Rosenthal F-1 N/A Reviewed by Finance Dept. [:] N/A Reviewed by ( ) F-1 N/A LA_1478790.1 i E s REGIONS ism BANK 417 NORTH 2OTH STREET, 5TH ,FL,. BIRMINGHAM, ALABAMA 35203 PHONE (866) 828-692$- FAX _(205) 801-5788 S- . W . I . F . T :. UPN'BUS44MIA .- TELEX 6 7 3 7 8 71, UPBMIA IRREVOCABLE STANDBY -LETTER OF CREDIT NUMBER:.5510-2041' DATE OF ISSUE: DECEMBER 21' 2007 BENEFICIARY: CITY OF OCOEE 150 NORTH LAKESHORE DRIVE OCOEE, FL 34761 APPLICANT: WESMERE DEVELOPMENT, LLC 61 W. COLONIAL DRIVE ORLANDO, FL 32801 ISSUING BANK: REGIONS BANK INTERNATIONAL DIVISION, LETTER OF CREDIT DEPT. 417 N 20TH STREET, 5TH FLOOR BIRMINGHAM, AL 35203 PROJECT NAME: THE .VILLAGES OF- WESMERE T_ OWNHOMES DATE OF EXPIRY: DECEMBER 21, 2009, PLACE OF EXPIRATION: REGIONS,BANK COUNTERS AMOUNT: USD$ 3 3 6 , 4 9 6 . 9 2 ( US ,DO.LLARS , THREE ''HUNDRED THIRTY SIX THOUSAND FOUR HUNDRED NINETY SIX AND 92/100) WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY' -LETTER OF CREDIT NO.. 55102041 IN FAVOR OF CITY OF OCOEE, A FLORYDA.-MUNICIPAL CORPORATION, AND AUTHORIZE YOU TO DRAW ON REGIONS BANK'-- 417 N -'2 0 THE STREET , ' 5TH FLOOR, BIRMINGHAM, AL 35203 ATTN:- INTERNATIONAL�DIVISION; STANDBY LETTER OF CREDIT DEPT., BY.ORDER OF WESMERE:DETELOPMENT, LLC UP TO BUT NOT EXCEEDING THE AGGREGATE AM0' UNT 'OV USD$ 3 3 6-, 4 9 6 . 9 2 (US_ DOLLARS THREE HUNDRED THIRTY SIX THOUSAND,FOUR HUNDRED -NINETY SIX AND 92/100), WHICH IS AVAILABLE BY YOUR DRAFT AT SIGHT, WHEN ACCOMPANIED BY THIS LETTER OF CREDIT AND EITHER ONE TO THE FOLLOWING DOCUMENTS: I. A STATEMENT PURPORTEDLY SIGNED BY , THE , MAYOR, CITY MANAGER OR AUTHORIZED REPRESENTATIVE TO THE EFFECT'THAT THE PERFORMANCE OF WESMERE DEVELOPMENT, LLC'S OBLIGATION HAS NOT BEEN COMPLETED YET AND THE LETTER OF CREDIT WILL EXPIRE WITHIN 30 DAYS FROM THE DATE OF THE DRAWING WITHOUT BEING EXTENDED OR REPLACED TO THE CITY',S SATISFACTION; OR 2. A STATEMENT PURPORTEDLY SIGNED BY THE MAYOR, CITY,MANAGER OR AUTHORIZED REPRESENTATIVE TO THE EFFECT THAT -REGIONS BAND HAS LOST ITS DESIGNATION AS "QUALIFIED PUBLIC -DEPOSITORY" PURSUANT,FLORIDA STATUTES, CHAPTER 280, OR AN ACCEPTABLE REPLACEMENT.LETTER OF CREDIT HAS NOT BEEN RECEIVED; OR 3. A STATEMENT PURPORTEDLY SIGNED BY THE MAYOR, CITY MANAGER, OR AUTHORIZED REPRESENTATIVE, THAT THE DRAWING IS DUE TO•APPLICANT`S FAILURE TO PERFORM ANY ONE OR"MORE OF THE FOLLOWING OBLIGATIONS: - Page 1 of 3 r REGIONS- SAI Our reference Number: 55102041 PagXANK A. FAILURE TO HAVE PROPERLY MAINTAINED IN A FIRST CLASS CONDITION THE FOLLOWING IMPROVEMENTS: THE IMPROVEMENTS SET FORTH IN THE VILLAGES OF WESMERE TOWNHOMES SUBDIVISION PLANS AND SPECIFICATIONS, AS APPROVED BY THE CITY OF OCOEE (HEREINAFTER, THE "IMPROVEMENTS"); OR B. FAILURE TO HAVE PROPERLY REPLACED -'ANY PAVING OR OTHER STRUCTURES WHICH HAVE BEEN FOUND BY THE CITY NOT TO COMPLY WITH ANY ORDINANCE, RULE, REGULATION, POLICY OR APPROVAL OF THE CITY; OR C, FAILURE TO HAVE PROPERLY REPLACED ANY OF THE IMPROVEMENTS, THE MATERIALS, WORKMANSHIP, OR STRUCTURAL INTEGRITY OF WHICH HAVE BEEN FOUND BY THE CITY NO TO COMPLY WITH,ANY ORDINANCE, RULE, REGULATION, POLICY OR APPROVAL OF THE CITY. THIS LETTER OF CREDIT SHALL BE DEEMED.IN FORCE"UNTIL DECEMBER 21, 2009 AND WILL AUTOMATICALLY BE EXTENDED FOR A PERIOD NOT TO EXCEED NINETY 9 0 } DAYS 'WITHOUT AMENDMENT UNLESS WE PROVIDE THE- CITY MANAGER OF THE CITY OF OCOEE WITH WRITTEN NOTICE OF OUR INTENT `I'O TERMINATE THE CREDIT HEREIN EXTENDED, WHICH,NOTICE MUST BE -PROVIDED AT LEAST THIRTY (30) DAYS PRIOR TO THE EXPIRATION DATE'OF THE ORIGINAL TERM HEREOF OR ANY RENEWED TERM. DRAFTS MUST BE DRAWN AND = NEGOTIATED. NQ g LATER THAN DECEMBER 21 , 2009. DRAFTS MUST BEAR THE CLAUSE; "DRAWN R LETTER -OF CREDIT NO, 55102041 OR REGIONS BANK DATED DECEMBER 21, 2' � '' S' THIS LETTER OF CREDIT SHALL ­REMAIN IN FULL FORCE AND EFFECT NOTWITHSTANDING A PARTIAL, DRAW OR DRAWS SO LONG AS A SUM REMAINS TO BE DRAWN OR UNTIL -THE LETTER 6F CREDIT HAS'EXPIRED. EXCEPT AS OTHERWISE SPECIFICALLY- STATED' HEREIN-, THIS,LETTER OF CREDIT SETS FORTH IN FULL TERMS. OF OUR UNDERTAKING, -AND SUCH UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED" . AMENDED, ' OR,AMPLIFIED BY REFERENCE TO ANY DOCUMENT, INSTRUMENT, OR AGREEMENT REFERENCED TO HEREIN OR IN WHICH THIS LETTER OF CREDIT I5 REFERREDiTO 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 YOU THAT ALL DRAFTS ' DRAWN UNDER -AND - IN COMPLIANCE WITH THE TERMS OF THIS LETTER OF CREDIT, THAT =SUCH DRAFTS WILL BE DULY HONORED UPON PRESENTATION TO REGIONS FLANK, -111 NORTH ORANGE AVENUE, SUITE 1010, ORLANDO, FL 32801 ATTN.; JOHN A. KOROMILAS, VICE PRESIDENT. THIS LETTER OF CREDIT WILL BE CONSIDERED AS CANCELLED UPON RECEIPT BY US OF THE ORIGINAL CREDIT INSTRUMENT OR UPON ANY PRESENT OR FUTURE EXPIRY DATE HEREUNDER, WHICHEVER SHALL OCCUR FIRST, THIS LETTER OF CREDIT IS SUBJECT TO THE "UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS", 2007 REVISION, INTERNATIONAL CHAMBER OF COMMERCE, PUBLICATION NO. 600 AND.TO THE PROVISIONS OF FLORIDA LAB'. IF Page 2 of 3 J� EGIONS- Our reference Number • , 55-102041 , PagAANK A CONFLICT BETWEEN THE "UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS" AND FLORIDA LAW SHOULD ARISE,-FLORIDA LAWS SHALL PREVAIL. IF A CONFLICT BETWEEN THE LAW OF ANOTHER,STATE OR"COUNTY AND FLORIDA LAB' SHOULD ARISE, FLORIDA LAW SHALL PREVAIL. REGIONS BANK *lREA SIMS OPERATIONS SPECIALIST KDAASCV NICE- PRESIDENT �%UAAA4 lq*S WV,- - AIA Page 3 of, 3 QD -REGIONS .. = 19 D - 5TH AVENUE NORTH , 2 2 NTH PLR.., B I RMINGHAM , - - ALA.BAI 3 5 2 0 3 S : . I F . T . UPNBS 4MIA TELEX 7 3 7 8 71 U'BMIA _ PHONE. ' (866) 828-5928 FAX (205) 2-54 ' 6027 DATE : NO�1`MBER l 2 , 2 9 NOTICE -OF NON -RENEWAL OF LETTER OF CREDIT - NO , 5 51. d 2 0 41 BENEFICIARY: C I T`Y '' OF OCOEE 5 NORTH L_ AKESHOR_E DRIVE OCOEE Fig 3476 � 'APPLICANT: E-SMERDEVELOPMENT, LLC _-61W;. _ ,., COONZA DRIVE ORLANDO, Ft a'3 2 8 81 REGIONS BANK ELECTS NOT TO RENEGE - STANDBY LETTER OF CREDITNC . 55102041 -FOR ANY ADDI°T'I.ONAL PERIOD. THIS LETTER QF LCREDIT WILL NOT BE EXTENDED BEYOND 12/21/2009, ` -CREDIT AND AMENDMENTS, O R= KINDLY RETURN THE ORIGINAL LETTER OF . _ :SURR8, RICANC,ELLATION TO THE. ADDRESS SHOWN BELOW'- IF, YOU HAVE. NO F,RTER 'NEED FOP, IT HRH +LN ITEPI'RES,' WHICHEVER SHALL FIRST OCCUR_. REGIONS BANS ATTN: STANI7B LETTER OF -CREDIT ' DEPARTMENT 9,05TH AVENUE NORTH, =2 2ND, -.FLOOR BIRMINGHAMr AL r 35201_ A PHONE: (2D5) -.264 5068 FAX - SINCERELY, ;• AwrHO,R, I ZED , S I GNATURE ) Page l , o f 1 REGIONSA.., BANK March 20, 2008 CITY OF OCOEE 150 NORTH LAKESHORE DRIVE OCOEE , FL 34761 U"ORTANT CHANGE OF ADDRESS NOTIFICATION Re: Standby Letter of Credit Number: 55102041-00 Applicant: VVESMERE DEVELOPMENT, LLC' Dear Beneficiary, Please be advised that Regions' Standby Letter of Credit Department will be moving to a new location. Effective May' 22, 2008, please direct all of your correspondence to our new address: 1900 5 cn Avenue North 22 Floor Birrningh.am, Al, 35203 Our same group of dedicated=International Aa.nMgi'�professionals will handle all -your servicing needs without interruption and with, the _high-level of attention you have come to expect from Regions Bank: If you have any questions regarding your. Standby Letter of Credit transactions, please contact one of our specialists toll -free at' 1-866-828--6928. As always, we appreciate your business and look forward to our continued relationship. Sincerely, Donald McCorkell Vice President, Global Trade Services N R Member FDIC REGIONS A,,,, BANK 417 NORTH 20TH STREET, 5TH FL, BIFLMINGHAM, ALABAMA 35203 PHONE ( 866 ) 828---6928 FAX ( 205 ) 801-5788 S.W.I.F.T. UPNBUS44MIA TELEX 6737871 UPBMIA IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER: 55102042 DATE OF ISSUE: DECEMBER 21, 2007 BENEFICIARY: CITY OF OCOEE 150 NORTH LAKESHORE DRIVE OCOEE, FL 34761 APPLICANT: WESMERE DEVELOPMENT, LLC 61 W. COLONIAL DRIVE ORLAN-DO , FL 32801 ISSUING BANK: REGIONS BANK INTERNATIONAL DIVISION, LETTER OF CREDIT DEPT. 417 N 20TH STREET, 5TH FLOOR BIRMINGHAM, AL 35203 PROJECT NAME: WES ERE---PROPERTY- DATE OF EXPIRY: DECEMBER 21, 2009 PLACE OF EXPIRATION: REGIONS BANK COUNTERS AMOUNT: USD$227,905.05 (US DOLLARS TWO HUNDRED TWENTY SEVEN THOUSAND NINE HUNDRED FIVE AND 05 / 100 ) {' _ti�_ �3 � 1 WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO. 55102042 IN FAVOR OF CITY OF OCOEE, A FLORIDA MUNICIPAL CORPORATION, AND AUTHORIZE YOU TO DRAW ON REGIONS BANK, 417 N 20TH STREET, 5TH FLOOR, BIRMINGHAM, AL 35203 ATTN: INTERNATIONAL DIVISION, STANDBY LETTER OF CREDIT DEPT., BY ORDER OF WESMERE DEVELOPMENT, LLC UP TO BUT NOT EXCEEDING THE AGGREGATE AMOUNT OF USD$227,905.05 (US DOLLARS TWO HUNDRED TWENTY SEVEN THOUSAND NINE HUNDRED FIVE AND 05/100), WHICH IS AVAILABLE BY YOUR DRAFT AT SIGHT, WHEN ACCOMPANIED BY THIS LETTER OF CREDIT AND EITHER ONE TO THE FOLLOWING DOCUMENTS: 1. A STATEMENT PURPORTEDLY SIGNED BY THE MAYOR, CITY MANAGER OR AUTHORIZED REPRESENTATIVE TO THE EFFECT THAT THE PERFORMANCE OF WESMERE DEVELOPMENT, LLC'S OBLIGATION HAS NOT BEEN COMPLETED YET AND THE LETTER OF CREDIT WILL EXPIRE WITHIN 30 DAYS FROM THE DATE OF THE DRAWING WITHOUT BEING EXTENDED OR REPLACED TO THE CITY'S SATISFACTION; OR 2. A STATEMENT PURPORTEDLY SIGNED BY THE MAYOR, CITY MANAGER OR AUTHORIZED REPRESENTATIVE TO THE EFFECT THAT REGIONS BANK HAS LOST ITS DESIGNATION AS "QUALIFIED PUBLIC DEPOSITORY" PURSUANT FLORIDA STATUTES, CHAPTER 280, OR AN ACCEPTABLE REPLACEMENT LETTER OF CREDIT HAS NOT BEEN RECEIVED; OR 3. A STATEMENT PURPORTEDLY SIGNED BY THE MAYOR, CITY MANAGER, OR AUTHORIZED REPRESENTATIVE, THAT THE DRAWING IS DUE TO APPLICANT'S FAILURE TO PERFORM ANY ONE OR MORE OF THE FOLLOWING OBLIGATIONS: Page 1 of 3 REGIONS Our reference Number: 55102042 PagN K �� A. FAILURE TO HAVE PROPERLY MAINTAINED IN A FIRST CLASS CONDITION THE FOLLOWING IMPROVEMENTS: THE IMPROVEMENTS SET FORTH IN THE WESMERE PROPERTY SUBDIVISION PLANS AND SPECIFICATIONS, AS APPROVED BY CITY HE "IMPROVEMENTS"); OR B. FAILURE TO HAVE PROPERLY REPLACED ANY PAVING OR OTHER STRUCTURES WHICH HAVE BEEN FOUND BY THE CITY NOT TO COMPLY WITH ANY ORDINANCE, RULE, REGULATION, POLICY OR APPROVAL OF THE CITY; OR C. FAILURE TO HAVE PROPERLY REPLACED ANY OF THE IMPROVEMENTS, THE MATERIALS, WORKMANSHIP OR STRUCTURAL INTEGRITY OF WHICH HAVE BEEN FOUND BY THE CITY NO TO COMPLY WITH ANY ORDINANCE, RULE, REGULATION, POLICY OR APPROVAL OF THE CITY. THIS LETTER OF CREDIT SHALL BE DEEMED IN FORCE UNTIL DECEMBER 21, 2009 AND WILL AUTOMATICALLY BE EXTENDED FOR A PERIOD NOT TO EXCEED NINETY (90) DAYS WITHOUT AMENDMENT UNLESS WE PROVIDE THE CITY MANAGER OF THE CITY OF OCOEE WITH WRITTEN NOTICE OF OUR INTENT TO TERMINATE THE CREDIT HEREIN EXTENDED, WHICH NOTICE MUST BE PROVIDED AT LEAST THIRTY (30) DAYS PRIOR TO THE EXPIRATION DATE OF THE ORIGINAL TERM HEREOF OR ANY RENEWED TERM. DRAFTS MUST BE DRAWN AND NEGOTIATED NqT LATER THAN DECEMBER 21, 2009. DRAFTS MUST BEAR THE CLAUSE; "DRAWN fjNI7 R LETTER OF CREDIT NO. 55102042 >1 OR REGIONS BANK DATED DECEMBER 21, 2'0-0 7' . "1 THIS LETTER OF CREDIT SHALL REMAIN IN FULL FORCE AND EFFECT NOTWITHSTANDING A PARTIAL DRAW OR DRAWS SO LONG AS A SUM REMAINS TO BE DRAWN OR UNTIL THE LETTER OF CREDIT HAS EXPIRED. EXCEPT AS OTHERWISE SPECIFICALLY STATED HEREIN, THIS LETTER OF CREDIT SETS FORTH IN FULL TERMS OF OUR UNDERTAKING, AND SUCH UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED, AMENDED, OR AMPLIFIED BY REFERENCE TO ANY DOCUMENT, INSTRUMENT, OR AGREEMENT REFERENCED TO HEREIN OR IN WHICH THIS LETTER OF CREDIT IS REFERRED TO 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 YOU THAT ALL DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS LETTER OF CREDIT, THAT SUCH DRAFTS WILL BE DULY HONORED UPON PRESENTATION TO REGIONS BANK, 111 NORTH ORANGE AVENUE, SUITE 1010, ORLANDO, FL 32801 ATTN: JOHN A. KOROMILAS, VICE PRESIDENT. THIS LETTER OF CREDIT WILL BE CONSIDERED AS CANCELLED UPON RECEIPT BY US OF THE ORIGINAL► CREDIT INSTRUMENT OR UPON ANY PRESENT OR FUTURE EXPIRY DATE HEREUNDER, WHICHEVER SHALL OCCUR FIRST. THIS LETTER OF CREDIT IS SUBJECT TO THE "UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS", 2007 REVISION, INTERNATIONAL CHAMBER OF COMMERCE, PUBLICATION NO. 600 AND TO THE PROVISIONS OF FLORIDA LAW, IF Page 2 of 3 REGIONS Our reference Number: 55102042 PagNK e�'� A CONFLICT BETWEEN THE "UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS" AND FLORIDA LAW SHOULD ARISE, FLORIDA LAWS SHALL PRELiAIL. IF A CONFLICT BETWEEN THE LAW OF ANOTHER STATE OR COUNTY AND FLORIDA LAW SHOULD ARISE, FLORIDA LAW SHALL PREVAIL, REGIONS BANK 4:�An. AIJDREA SIMS OPE IONS SPECIALIST ANA DEASON VICE PRESIDENT Page 3 of 3 REGIONS 9 a a 5 TH AVENUE NORTH, 2 2 ND FLR, B I RMINGHAM, ALA.BAMA 35203 S.W.I.F.T. UPNBUS44MIA TELEX 6737871 UPBMIA PHONE (866} 828-6928 FAX (205) 264-6D27 DATE* NOVEMBER 12, 2009 NOTICE OF NON -RENEWAL OF LETTER OF CREDIT NO.55102042 :. DENEFICIARY: CITY -OF OCQEE 150 NORTH LAKESHQRE DRIVE OC OEE , FL . .3 47 61 APPLICANT: WESMERE ' "DEVELOPMENT, LLC - 61 W . -COLONIAL DRIVE ORLO,. _FL 32801 REGIONS BANK -ELECTS NOT TO RENEW STANDBY LETTER OF CREDIT- NO, 55102 a42 FOR ANY AADDITIONAL PERIOD. THIS LETTER OF CREDIT WILL NOT BE EXTENDED BEYOND -12/21/2009. KINDLYRETURNTHE ORIGINAL LETTER OF CREDIT AND AMENDMENTS, IF ANY, FOR -'SURREMER/ CANCELLATION TO -THE ADDRESS SHOWN BELOW IF YOU HAVE . NO - : UR'I`KER .NEED , FOR I`I' OR ' WHEN IT EXPIRES, WHICHEVER SHALL FIRST OCCUR. REGIONS BANS -ATTN: STANDBY LETTER OF CREDIT DEPARTMENT 1900 5TH AVENUE NORTH, 22ND FLOOR - BIRMINGHAM, AL. '3 5 2 a 3 PHONE:.. (205) 264-6068 FAX: (205) 264-6027 .1NC ERPILY , 0 iAUTHaRIZ D SIGNATURE} 1• Page 1 of 1 REGIONS BANK March 20, 2008 CITY OF OCOEE 150 NORTH LAKESHORE DRIVE OCOEE, F-1, 34761 LMYORTANT CHANGE OF ADDRESS NOT1 FICATION Re: Standby Letter of Credit Number: 55102042- 00 Applicant: wESMERE DEVELOPMENT, LLC Dear Beneficiary, Please be advised that Regions' Standby Letter of Credit Department will be moving to a new location. Effective May 22, 2008, please direct all of your correspondence to our new address: 1900 5 "' Avenue North 22nd Floor Birmingham, AL 35203 F= • Y 1 i 5 Our same group of dedicated International Banking professionals will handle all your ser-vicing needs without interruption and with the high level of attention you have come to expect from Regions Bank. If you have any questions regarding your Standby Letter of Credit transactions, please contact one of our specialists toll -free at I-866-828-6928. As always, we appreciate your business and look forward to our continued relationship. S incerely, Donald McCorkell Vice President, Global Trade Services f2r Kw"Maw, .ENDER Member FDIC