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HomeMy WebLinkAboutCity of Tamarac Resolution (145)Temp. Reso. #9785 May 7, 2002 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-145 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO RELEASE A PUBLIC IMPROVEMENT WARRANTY BOND IN THE FORM OF AN IRREVOCABLE STANDBY LETTER OF CREDIT NO. S002241 FROM SUNTRUST BANK, IN THE AMOUNT OF $67,315.13 FOR THE WATER DISTRIBUTION AND SEWAGE COLLECTION SYSTEM IMPROVEMENTS INSTALLED BY LENNAR LAND PARTNERS FOR THE EXETER EAST PROJECT LOCATED ON THE SOUTHEAST CORNER OF NW 80t" STREET AND GRANVILLE DRIVE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Lennar Land Partners has constructed the Exeter East Project and installed the Water Distribution and Sewage Collection System improvements in accordance with the Site Plan approved by the City Commission on May 13, 1998; and WHEREAS, the Water and Sewer Developer's Agreement accepted and executed by the City of Tamarac on July 22, 1998, requires Lennar Land Partners to provide a one- year Warranty Bond to the City of Tamarac for the Exeter East Project Water Distribution and Sewage Collection System improvements located on the southeast corner of NW 80t" Street and Granville Drive (a copy of which is attached hereto in map form as "Exhibit 1 "); and WHEREAS, Lennar Land Partners has requested the release of a Public Improvement Warranty Bond in the form of an Irrevocable Standby Letter of Credit No. S002241 from Suntrust Bank, in the amount of $67,315.13 (a copy of which is attached hereto as "Exhibit 2") for the Water Distribution and Sewage Collection System improvements installed for the Exeter East Project; and WHEREAS, the improvements were inspected, approved and are recommended for acceptance for City ownership by the Utilities Engineering Division; and Temp. Reso. #9785 May 7, 2001 2 WHEREAS, it is the recommendation of the Director of Utilities that the Public Improvement Warranty Bond be released for the Exeter East 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 Warranty Bond in the form of an Irrevocable Standby Letter of Credit No. S002241 from Suntrust Bank, in the amount of $67,315.13 for the Exeter East Project Water Distribution and Sewage Collection System improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: 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 resolution. SECTION 2: The appropriate City Officials are hereby authorized to release the one-year Public Improvement Warranty Bond for the Water Distribution and Sewage Collection System improvements in the form of an Irrevocable Standby Letter of Credit No. S002241 in the amount of $67,315,13 for the Water Distribution and Sewage Collection System improvements installed by Lennar Land Partners for the Exeter East Project located on the southeast corner of NW 80t" Street and Granville Drive in accordance with Section 10-156 of the City Code. w SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 1 1 1 1 Temp. Reso. #9785 May 7, 2001 3 SECTION 4: 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. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 12T" day of June, 2002. ATTEST: MARION S ENSON, CMC CITY CLERK I HEREBY CERTIFY that -1 have approved this RESOLUTION as to form. MITCHELL S. CITY ATTO JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER AYE DIST 1: V/M. PORTNER AYE DIST 2: COMM. MISHKIN AYE DIST 3: COMM. SULTANOF AYE DIST 4: COMM. ROBERTS AYE EXHIBIT 1 TEMP. RESO. # 9785 C14/CYPRESS CREEK CANAL LVD. S❑UTHGATE83 SANIBEL ST 83 ST > a 7 w ¢ a 7 ¢ ¢ 82 ST ~ J c ¢ p o ¢ w / 81 Sr ~ o U L) x 81 ST 2 1 ¢ 7Q r WE TWO D 6 ti� do Z >- N 80 CT SE ION P 3 � � 0 TR6 w 1 $D TR2 CL p° C,'' EXETER B� C w tiQ �ZyZE V WEST STrE T z LOCATION 102 �•� pfLgp cO w ¢ l 11 LCIMBARDY ti� // > N Y r T��IL�9 Lo TR3 J W ¢ �� � ![• dy 4 CONC TRENT f`yf , / KINGS PT. COMMER. PK. cu n -: TR14CTR13 v OLL �?f SAND i IPER refik er 0 f LAND SEC. IGH T pUS A� / l f TR2 . � � f ff/ if f 6 W Z GOLF o f� GRANVILLE �1 .., TR15B SEDGEFIELD !!GR 7SGpMPL/` 1 TR16 av TR27 a f� TR15Af/fj� z EVANGELICAL VENANT C� a �1�`1 q HURCH a z ce.j �/ 2, TR33 Z _ Z W 1f KINGS PT. 7 7 > 'lf PROF. PLAZA w C] q A V1 FAIRFAXLi CD EXETER_EAST.DWG EXETER EAST Exhibit 2 SuNTRuST IRREVOCABLE APRIL 19,2000 BENEFICIARY: CITY OF TAMARAC 7525 N.W. 88TH AVE. TAMARAC, FL. 33321 SUNTRUST MIAMI, N.A. STANDBY LETTER OF CREDIT NO. S002241 AMOUNT: USD 67,315.13 DATE OF EXPIRY : APRIL 19,2001 PLACE OF EXPIRY: AT OUR COUNTERS APPLICANT: LENNAR LAND PARTNERS 8190 STATE ROAD 84 DAVIE, FL. 33324 BY ORDER OF OUR CLIENT, LENNAR LAND PARTNERS, 8190 STATE ROAD 84, DAVIE, FL 33324, WE HEREBY OPEN OUR IRREVOCABLE LETTER OF CREDIT NUMBER S002241 IN YOUR FAVOR FOR AN AMOUNT NOT TO EXCEED IN THE AGGREGATE U.S. DOLLARS USD 67,315.13 (SIXTY SEVEN THOUSAND THREE HUNDRED FIFTEEN AND 13/100 U.S. DOLLARS) EFFECTIVE IMMEDIATELY AND EXPIRING AS STATED HEREIN AT OUR SUNTRUST BANK, 3737 NW 87TH AVENUE, MIAMI, FLORIDA 33178 OFFICE. WITHOUT OBLIGATION ON OUR PART, WE ARE ADVISED THAT THIS IRREVOCABLE LETTER OF CREDIT IS TO ENSURE THE CORRECTION OF ALL INSUFFICIENCIES IN DESIGN, WORKMANSHIP AND/OR MATERIALS WHICH ARE FOUND WITHIN (1) YEAR OF THE DATE OF THE FORMAL ACCEPTANCE OF THE SUB -DIVISION IMPROVEMENTS OF THE CITY OF TAMARAC FOR THE INSTALLATION OF PUBLIC IMPROVEMENTS INDICATED ON CERTIFIED COST ESTIMATE AND APPROVED BY THE UTILITY ENGINEER FOR WATER CONSTRUCTION FOR EXETER EAST AND DEVELOPER'S OBLIGATION TO CO PLY WITH HE REQUIREMENT OF TAMARAC CITY CODE SECTION 10-156. "y THE CITY IS AUTHORIZED TO DRAW DRAFTS AT SIGHT ACCOMPANIED BY A SIGNED STATEMENT FROM THE CITY OF TAMARAC OR ITS' AUTHORIZED REPRESENTATIVE THAT: "THE UNDERSIGNED, AN AUTHORIZED REPRESENTATIVE OF THE CITY OF TAMARAC, HEREBY CERTIFIES THAT: (A) THE DRAWING IS DUE TO LENNAR LAND PARTNERS' FAILURE TO CORRECT ALL INSUFFICIENCIES IN DESIGN, WORKMANSHIP AND/OR MATERIALS WHICH ARE FOUND WITHIN ONE (1) YEAR OF THE DATE OF..THE FORMAL ACCEPTANCE OF THE PUBLIC IMPROVEMENTS BY THE CITY COMMISSION OF THE CITY OF TAMARAC, OR (B) THAT THE DEVELOPER'S OBLIGATIONS HAVE NOT BEEN COMPLETED, OR THE CITY OF TAMARAC HAS BEEN NOTIFIED THAT THE BOND WILL NOT BE EXTENDED, OR All correspondence and communication should be directed to our agent SunTrust International Services, Inc., 3737 N.W. 87th Avenue, 1st Floor, Miami, Florida 33178 Swift: SNTRUS3M Telex: 542210 SuNTRuST IRREVOCALBLE LETTER OF CREDIT NO. S002241 (C) THAT THE CITY OF TAMARAC HAS BEEN NOTIFIED THAT THE BOND WILL NOT BE EXTENDED." THE ORIGINAL LETTER OF CREDIT MUST BE PRESENTED WITH ANY DRAWING HEREUNDER. THIS LETTER OF CREDIT SHALL BE AUTOMATICALLY RENEWED, WITHOUT AMENDMENT, FOR SUCCESSIVE PERIODS OF ONE (1) YEAR EACH, UNLESS WE PROVIDE WRITTEN NOTICE TO THE CITY CLERK VIA REGISTERED MAIL, OR SPECIAL COURIER, THAT WE ELECT NOT TO RENEW THE CREDIT FOR AN ADDITIONAL PERIOD, WHICH NOTICE MUST BE PROVIDED AT LEAST SIXTY (60) DAYS PRIOR TO THE EXPIRATION DATE OF THE ORIGINAL TERM HEREOF OR ANY RENEWED ONE (1) YEAR TERM, OR UNLESS THE CITY OF TAMARAC RETURNS THE ORIGINAL LETTER OF CREDIT TOGETHER WITH WRITTEN NOTIFICATION THAT IT MAY BE TERMINATED PRIOR TO THE THEN CURRENT EXPIRATION DATE. WE ENGAGE WITH YOU THAT EACH DRAFT DRAWN UNDER AND IN STRICT COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS LETTER OF CREDIT WILL BE DULY HONORED IF PRESENTED AT THIS OFFICE ON OR BEFORE THE EXPIRATION DATE OF THIS LETTER OF CREDIT OR ANY EXTENDED DATE AS PROVIDED FOR HEREIN. ALL DRAFT(S) DRAWN UNDER THIS CREDIT MUST BE MARKED: "DRAWN UNDER SUNTRUST,MIAMI,N.A., LETTER OF CREDIT NUMBER S002241." UNLESS EXPRESSLY STATED OTHERWISE, THIS LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE (1993 REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NUMBER 500, OR ANY REVISION SUPERCEDING PUBLICATION NUMBER 500. a-e,e UTHORI ED NATURE SUNTRUST BANK, MIAMI, N.A. 307 All correspondence and communication should be directed to our agent SunTrust International Services, Inc., 3737 N.W. 87th Avenue, 1st Floor, Miami, Florida 33178 Swift: SNTRUS3M Telex: 542210