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Home My WebLink AboutCity of Tamarac Resolution R-2000-144Temp. Reso. #8998 April 24, 2000 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2000- 1 41 A RESOLUTION OF THE CITY COMMISSION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO RELEASE A PUBLIC IMPROVEMENT PERFORMANCE BOND IN THE FORM OF AN IRREVOCABLE STANDBY LETTER OF CREDIT #SFL/P030222 FROM SUNTRUST BANK, IN THE AMOUNT OF $27,000.00 SUBJECT TO THE RECEIPT OF A ONE-YEAR WARRANTY BOND IN THE AMOUNT OF $6,598.25 FOR THE WATER DISTRIBUTION AND SEWAGE COLLECTION SYSTEM IMPROVEMENTS INSTALLED BY N & S BUTTERS, FOR THE CULLIGAN WATER COMPANY PROJECT LOCATED ON THE EAST SIDE OF HIATUS ROAD SOUTH OF NW 67t" STREET; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, N & S Butters, has constructed the Culligan Water Company Project and installed the Water Distribution and Sewage Collection System Improvements in accordance with the Site Plan approved by the City Commission on January 27, 1999; and WHEREAS, the Water and Sewer Developer's Agreement accepted and executed by the City of Tamarac on May 26, 1999, requires N & S Butters, to provide a one-year Warranty Bond to the City of Tamarac for the Culligan Water Company Project Water Distribution and Sewage Collection System Improvements located on the east side of Hiatus Road south of NW 67" Street (attached hereto in map form as "Exhibit 1 "); and 1 Temp. Reso. #8998 April 24, 2000 2 WHEREAS, N & S Butters, has requested the release of a Public Improvement Performance Bond in the form of an Irrevocable Standby Letter of Credit #SFL/P030222 from SunTrust Bank, in the amount of $27,000.00 (attached hereto as "Exhibit 2") subject to the receipt of a one-year Warranty Bond in the amount of $6,598.25 to the City of Tamarac for the Water Distribution and Sewage Collection System Improvements installed for the Culligan Water Company Project; and WHEREAS, the Improvements were inspected, approved and are recommended for acceptance for a one-year warranty period by the Utilities Engineering Division; and WHEREAS, it is the recommendation of the Interim Director of Utilities that the Public Improvement Performance Bond be released for the Culligan Water Company Project Water Distribution and Sewage Collection System Improvements; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to release the Public Improvement Performance Bond subject to the receipt of a one-year Warranty Bond from N & S Butters, for the Culligan Water Company Project Water Distribution and Sewage Collection System Improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this 1 Fi 1 Temp. Reso. #8998 April 24, 2000 3 resolution. SECTION 2: That the appropriate City Officials are hereby authorized to accept the one-year Warranty Bond for the Water Distribution and Sewage Collection System Improvements in the amount of $6,598.25 for the Culligan Water Company Project located on the east side of Hiatus Road south of NW 671" Street in accordance with Section 10-156 of the City Code. SECTION 3: That the City Clerk is hereby authorized and directed to release to the Utilities Department for return to N & S Butters, the Performance Bond upon acceptance of the one-year Warranty Bond for the Culligan Water Company Project. The bond is in the form of an Irrevocable Standby Letter of Credit #SFL/P030222 from SunTrust Bank, in the amount of $27,000.00 for the Water Distribution and Sewage Collection System Improvements. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Temp. Reso. #8998 April 24, 2000 4 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 1.2W day of 2000. ATTEST: MARION SWE SON, CMC INTERIM CITY CLERK I HEREBY CERTIFY that I have approved this RESO UTION as "ml . MITCH€-EL S. CITY ATTO RV/krs/mg JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE MAYOR SCHREIBER DIST 1: COMM. PORTNER --� DIST 2: COMM. MISHKIN -f'x WAf DIST 3: COMM. SULTANOF EY DIST 4: VIM ROBERTS ti EXHIBIT 1 TEMP. RESO, # 8998 LN. T � W LN. �1 p�- 3 TR11 BAILEY w LN. x 71 pL w PERIW NKEL LN. ST �� 71 a 3EA M BISCUS LN. 7 %//// �l StLD PALM IDGE LN. q n 7y 76 ////, / % //% EWEL BOX LN o %//� 3 v� S� 8 d o� NGEL WING DR. j0 S °' TEE MCNAB REIAD � PLAT J & J PLAT TAMARAC D a MARKET z PLACE a w C3 TAMARAC 1299 LAND TRUST PLAT L❑VESHAW I.T,W, MIMA 67 ST SUNBELT y PRECISION MEDIANE F- o~ O z SITE --` LOCATION k LAND SEC. r 7 a r � N 0- w a d r r x z w w w � ix WESTPORTLd dp J Z lai p ARCH W ALUMINUM A W A/ W W J W J W 2 W m w r-. ¢W Z O :V W PUBLIC SERVICES COMPLEX PROPOSED STATE STREET a i CULLIGAN.DWG CULLIGAN WATER COMPANY PERFORMANCE BOND RELEASE E FOR APPROVAL ONLY - PERFORMANCE'E3 Nb n F' ') . 3 Item Title: KINGS POINT THEATER - PERFORMANCE BON I FORM OF AN oil i "Ji- B NK MIAMI HE AMOUNT QF 1 689.00. THE R T 15 LOCATED ON THE SOMMEAST CORNER OF NOB HILL ROAQ-ANQ NW 77TH STREET. The initiating Division is to place a number between the parentheses ( ) below, beginning with 1, to indicate the routing order of each department that must initial their approval in order for this item to be accepted by City. Department (3) City Attorney (4) City Clerk(please return Return approved form to Utilities) (2) Risk Management (1) Utilities/Engineering Initiating Division Signature cc. r-y .3 C ,7 I ' ials far A rov Date: i Z. - - C Date • "Exhibit 2" SUNTRUST LETTER OF CREDIT NUMBER: SFL/P030222 ISSUANCE DATE: JULY 07, 1999 APPLICANT: NATHAN BUTTERS AND SAMUEL BUTTERS 2005 NW 62ND STREET, SUITE 202 FT. LAUDERDALE, FL 33309 BENEFICIARY: CITY OF TAMARAC 7525 NW 88TH AVENUE TAMARAC, FL 33321 FOR USD 27,000.00 (TWENTY SEVEN THOUSAND 00/100 U.S. DOLLARS) DATE OF EXPIRATION: JULY 01, 2000 PLACE OF EXPIRATION: OUR COUNTERS WE HEREBY ESTABLISH OUR IRREVOCABLE LETTER OF CREDIT NO. SFL/P030222 IN YOUR FAVOR FOR ACCOUNT OF THE ABOVE -REFERENCED APPLICANT AVAILABLE BY YOUR DRAFTS DRAWN ON SUNTRUST BANK, SOUTH FLORIDA, N.A. PAYABLE AT SIGRT FOR ANY SUM OF MONEY NOT TO EXCEED A TOTAL OF THE AMOUNT REFERENCED ABOVE WHEN ACCOMPANIED BY THIS LETTER OF CREDIT AND THE FOLLOWING DOCUMENT: A SIGNED STATEMENT FROM THE CITY OF TAMARAC OR ITS AUTHORIZED REPRESENTATIVE THAT EITHER: "THE UNDERSIGNED, AN AUTHORIZED REPRESENTATIVE OF THE CITY OF TAMARAC, HEREBY CERTIFIES THAT THIS DRAWING IS DUE TO SAM BUTTERS' AND NATHAN BUTTERS' FAILURE TO CORRECT ALL INSUFFICIENCIES IN DESIGN, WORKMANSHIP AND/OR MATERIALS WHICH HAVE BEEN FOUND WITHIN ONE (1) YEAR OF THE DATE OF THE FORMAL ACCEPTANCE OF THE PUBLIC IMPROVEMENTS BY THE CITY COMMISSION OF THE OF TAMARAC"; OR "THE UNDERSIGNED, "AN AUTHORIZED REPRESENTATIVE OF CITY,OF TAMARAC, HEREBY,CERTIFIES THAT SAM „BUTTERS' • AND NATHAN BUTTERS' OBLIGATIONS TO THE CITY'OF'TAMARAC"HAVE NOT BEEN COMPLETED AND THE CITY OF TAMARAC HAS BEEN NOTIFIED THAT LETTER OF CREDIT NO. SFL/P030222 WILL NOT BE EXTENDED; OR "THE UNDERSIGNED, AN AUTHORIZED REPRESENTATIVE OF THE CITY OF TAMARAC, HEREBY CERTIFIES THAT SAM BUTTERS AND NATHAN BUTTERS HAVE NOT .PROVIDED A WARRANTY BOND. -THAT IS REQUIRED BY TAMARAC CITY CODE". BEADEEMED THE AUTOMATICALLY EXTENDED WETTER OF CREDIT THAT N SHALL IT IS A CONDITION OF THIS R FROM WITHOUT AMENDMENT FOR ONE EXPIRATION DATE HEREOF, OR ANY FUTURE EXPIRATION DATE, UNLESS SIXTY (60) DAYS PRIOR TO ANY EXPIRATION DATE WE SEND NOTICE TO YOU BY REGISTERED MAIL OR OVERNIGHT COURIER *****CONTINUED ON NEXT PAGE***** AN correspondence and communication should be directed to our agent SunTrust International Services, Inc,, 25 Park Place, Atlanta, Georgia 30303 Telex; 542210 910225 (1W LETTER OF CRET`= NUMBER SFL/P030222PAGE NO. 0 SUNTRUST THAT WE ELECT NOT TO CONSIDER THIS LETTER OF CREDIT RENEWED FOR ANY SUCH ADDITIONAL PERIOD. ALL DRAFTS MUST REFERENCE THE NUMBER AND ISSUE DATE OF THIS CREDIT. THIS LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR.. DOCUMENTARY CREDITS (1993 REVISION), INTERNATIONALCHAMBER OF COMMERCE PUBLICATION 500. W 'WE HEREBY AGREE WITH YOU THAT ALL DRAFTS DRAWN IN COMPLIANCE WITH THE TERMS OF THIS LETTER, OF CREDIT WILL BE DULY HONORED UPON PRESENTATION AND DELIVERY OF THE DOCUMENTS SPECIFIED ABOVE TO SUNTRUST BANK, SOUTH FLORIDA, N.A., FT. LAUDERDALE, FLORIDA, C/O SUNTRUST INTERNATIONAL SERVICES, INC., 25 PARK PLACE, 16TH FLOOR, LETTER OF CREDIT DEPT., MC-3706, ATLANTA, GEORGIA 30303 ON OR BEFORE DULY 1, 2000, OR ANY EXTENDED DATE. SINCERELY, SUNTRUST BANK, SOUTH FLORIDA, NATIONAL ASSOCIATION ,� (� FORT LAUDERDALE, FLORIDA • laC �JgUTHOR-T ZED IN �S/S� V�•�c PAGE 2 • L SUAffRUST LETTER, OF CREDIT NUMBER: SFL/P030222 JULY 07, 1999 CITY OF TAMARAC 7525 NW 88TH AVENUE TAMARAC, FL 33321 PLEASE FIND ATTACHED THE ORIGINAL LETTER OF CREDIT IN YOUR FAVOR. M:; w , - . SHOULD YOU HAVE ANY QUESTIONS REGARDING THE LETTER OF CREDIT, PLEASE CONTACT JENNIFER L. MOODY AT 404-827-6810. PLEASE ADDRESS ALL.CORRESPONDENCE TO: SUNTRUST INTERNATIONAL SERVICES, INC. AS AGENT FOR SUNTRUST BANK, SOUTH FLORIDA, N.A. 25 PARK PLACE, 16TH FLOOR LETTER OF CREDIT DEPARTMENT - 3706 ATLANTA, GEORGIA 30303 AB correspondence and communication should be directed to our agent SunTrust International Services, Inc., 25 Park Place, Atlanta, Georgia 30303 Telex: 542210 910225 (7/96)