HomeMy WebLinkAboutNextG Networks; 2007-05-14;OomencA Bank
SWIFT: MNBDUS6S
TELEX NO: 3774155
FAX NO: 415-477-3310
PHONE: 415-477-3318
COMERICABANK ' international Department
INTERNATIONAL TRADE SERVICES
2 EMBARCADERO CENTER, SUITE 300
SAN FRANCISCO, CA 94111
DATE OF ISSUE: MAY 14,2007
IRREVOCABLE STANDBY LETTER OF CREDIT NO. 627867-41
BENEFICIARY:
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD, CA 92008
GENTLEMEN:
WE HEREBY ISSUE OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO. 627867-41 ("CREDIT') IN
FAVOR OF THE CITY OF CARLSBAD FOR ACCOUNT OF NEXTG NETWORKS OF CALIFORNIA, INC., DBA
NEXTG NETWORKS WEST, 2216 O'TOOLE AVENUE, SAN JOSE, CA 95131. FOR A SUM NOT EXCEEDING
US$100,000.00 (ONE HUNDRED THOUSAND AND 00/100 U.S. DOLLARS), EFFECTIVE IMMEDIATELY.
THIS CREDIT IS ISSUED PRESENTABLE AND PAYABLE AT OUR OFFICE LOCATED AT 2
EMBARCADERO CENTER, SUITE 300, SAN FRANCISCO, CA 94111 AND EXPIRES AT 3:00 P.M. ON APRIL
13,2008.
FUNDS UNDER THIS CREDIT ARE AVAILABLE TO YOU UNCONDITIONALLY AGAINST YOUR
NOTARIZED SIGHT DRAFTS FOR ANY SUM OR SUMS NOT EXCEEDING A TOTAL OF ONE HUNDRED
THOUSAND U.S. DOLLARS ($100,000.00) DRAWN ON US MENTION^G THE LETTER OF CREDIT
NUMBER AND SIGNED BY THE CITY OF CARLSiBAD. FUNDS DRAWN UNDER THIS CREDIT SHALL BE
PAID IN ACCORDANCE WITH YOUR WRITTEN INSTRUCTIONS.
PARTIAL AND MULTIPLE DRAWINGS ARE PERMITTED.
OUR OBLIGATION HEREUNDER ARE PRIMARY OBLIATIONS TO THE CITY OF CARLSBAD, WE HEREBY
ENGAGE WITH YOU WE WILL HONOR DRAFTS DRAWN AND PRESENTED UNDER AND IN
COMPLIANCE WITH TERMS OF THIS CREDIT.
THE EXPIRY OF THIS CREDIT WILL BE DEEMED TO BE AUTOMATICALLY EXTENDED WITHOUT
AMENDMENT FOR ONE YEAR FROM THE EXPIRY DATE HEREOF, OR ANY FUTURE EXPIRATION
DATE, UNLESS AT LEAST 30 DAYS BEFORE THE CURRENT EXPIRATION DATE OF THIS CREDIT, WE
NOTIFY THE CITY OF CARLSBAD BY WRITTEN NOTICE, AT THE ADDRESS LISTED ABOVE, BY
COURIER SERVICE THAT WE WILL NOT EXTEND THE EXPIRY OF THIS CREDIT FOR ANY SUCH
ADDITIONAL PERIOD,
THIS LETTER OF CREDIT IS SUBJECT TO AND GOVERNED BY THE UNIFORM CUSTOMS AND
PRACTICE FOR DOCUMENTARY CREDITS OF THE INTERNATIONAL CHAMBER OF COMMERCE, 1993
REVISION, PUBLICATION 500 ("UCP") AND TO THE UNIFORM COMMERCIAL CODE - LETTERS OF
CREDIT ARTICLE V AS AMENDED, AS IN EFFECT IN THE STATE OF CALIFORNIA ("UCC"). TO THE
EXTENT THE PROVISION OF THE UCP AND THE UCC ARTICLE V CONFLICT, THE PROVISIONS OF THE
UCC /^TICLE V SHALL CONTROL.
VERY TRULY YOURS
COMERICA BANK
AUTHORIZED SIGNATURE
AUREA BALENBIN
VICE PRESIDENT
CITY OF
CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, CA 92008-1949
T 760-434-2891
F 760-434-8367
PAULG. EDMONSON
ASSISTANT CITY AHORNEY
RONALD KEMP
•ePUTY CITY AHORNEY
Via FedEx Overnight Delivery
RONALD R. BALL
CITY ATTORNEY
JANE MOBALDI
ASSISTANT CITY ATTORNEY
September 22, 2009
United Commercial Bank
Intemational Trade Operations
Mail Stop 985
711 Van Ness Avenue
San Francisco, CA 94102
RE: Irrevocable Standby Letter of Credit, SLCO11672
NextG Networks of Califomia, Inc.
Dear Sir/Madame:
Anthony Rodriquez of NextG Networks, Inc. has asked the City of Carlsbad to forward the original UCB
Irrevocable Standby Letter of Credit for NextG Networks of Califomia, Inc. directly to UCB's attention.
Therefore, pursuant to NextG's request, please find enclosed herein the original UCB Irrevocable Standby
Letter of Credit for NextG Networks of Califomia, Inc., 2216 0'Toole Avenue, San Jose, CA 95131.
Should you have any questions regarding the transmission of this LOC to UCB, please contact:
Anthony Rodriguez
Contracts Manager and Regulatory Affairs Specialist
NextG Networks, Inc.
(408) 954-1580, xl86
arodriguez(%nextgnetworks.net
Thank you in advance for your prompt attention to this matter.
Sincerely,
RpnwlC&rll, 0ity Attomey
1. Edmonson
Assistant City Attomey
Enclostire
cc: Colette Wengenroth, Finance
Lorraine Wood, City Clerk
Anthony Rodriquez, NextG Networks, Inc. (via e-mail only)
Joe Malone, NextG Networks, Inc. (via e-mail only)
wvwv. ca risbadca. gov