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HomeMy WebLinkAboutCity of Tamarac Resolution R-99-123r-J, Temp. Reso. #8600, April 16, 1999 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-99--j A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO RELEASE A PUBLIC IMPROVEMENT PERFORMANCE BOND IN THE FORM OF AN IRREVOCABLE STANDBY LETTER OF CREDIT #77399 FROM FIRST UNITED BANK IN THE AMOUNT OF $26,776.00 FOR THE WATER DISTRIBUTION SYSTEM IMPROVEMENTS INSTALLED BY UMC PARTNERS, LTD., FOR THE UNIVERSITY MEDICAL ARTS BUILDING PROJECT, LOCATED ON THE SOUTH SIDE OF NW 74" STREET ON THE UNIVERSITY HOSPITAL'S CAMPUS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, UMC Partners, Ltd., has constructed the University Medical Arts Building Project, located on the south side of NW 74" Street (attached hereto in map form as "Exhibit 1 ") and has installed the Water Distribution System Improvements; and WHEREAS, the Water and Sewer Developer's Agreement accepted and executed by the City of Tamarac on September 10, 1997, for the University Medical Arts Building Project requires UMC Partners, Ltd., to provide a Performance Bond (attached hereto as "Exhibit 2") to the City of Tamarac for the Water Distribution System Improvements; and Temp. Reso. #8600, April 16, 1999 2 WHEREAS, the Improvements were inspected, approved and are recommended for acceptance by the Utilities Engineering Division; and WHEREAS, the Bill of Sale Absolute for this project was accepted and executed by City Commission on June 10, 1998, which began the one-year warranty period on this date, and the Public Improvement Performance Bond was left in place for the one- year warranty period; and WHEREAS, it is the recommendation of the Director of Utilities that the Public Improvement Performance Bond be released for the University Medical Arts Building Project Water Distribution System; 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 from UMC Partners, Ltd., for the University Medical Arts Building Project Water Distribution System Improvements and waive the one-year Warranty Bond. 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 resolution. 1 1 1 Temp. Reso. #8600, April 16, 1999 3 SECTION 2: That the appropriate City Officials are hereby authorized to release the Public Improvement Performance Bond in the amount of $26,776.00 for the Water Distribution System Improvements for the University Medical Arts Building Project. SECTION 3: That the City Clerk is hereby authorized and directed to release to the Utilities Department for return to UMC Partners, Ltd., the Public Improvement Performance Bond for the University Medical Arts Building Project. The bond is in the form of an Irrevocable Standby Letter of Credit #77399 issued by First United Bank in the amount of $26,776.00 for the Water Distribution System Improvements installed for the University Medical Arts Building Project, located on the south side of NW 74th Street on the University Hospital's campus. 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. SFr C)KI A passage and adoption. 1999. Temp. Reso. #8600, April 16, 1999 4 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this day of , ATTEST: aaX6-� - CAROL GOL CMC/AAE CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTIC�,� to fo�X �j A 'r/ ' MW/krs/mg L MITCHE�6L`S, CITY ATTO F JOE SCHREIBER MAYOR RECORD OF COMMISSION MAYOR SCHREIBER DIST 1: COMM. P0ft DIST 2: V/M MISHKIN DIST 3: _ CSl1LTAN DIST 4:...__C0MM. ROOM EXHIBIT 1 s • Cl 211, y ��12N CIR % 79 ST L.J Z ¢ Q W w in 00 n t- TR55 > n a TR56 co 78 CT naa y W W W W Sr TH AVAL❑N n y W❑❑➢M❑NT W pTNES G-+ CIR / ESTATES 78 PL ro -1 7TCT y y W y COUNTRY y 'CLUB W W W y y y W F y W W V 78 ST / a z W W W W �v Z / THE CENTRE j% °n° W❑❑DM❑NT Li aW w �` a z Lo �O/,I/// 'n Y U n n y y W W W y TR74 77 ST y y TAMARAC O K y W W W 00 Z Q' j > / Cv� ELEM SCHOOL +Rp P%L ti PALM / Q q� a > y PAL T CIR c y � ypAL ER ��p Q ^ j �� TAMARAC PARK ,-�S.BELL a L CT q w 76 ST y y PP��E j TR75 y A 7,3 Sr TOWN PLAZA r n> n n W W � y A�f�C IJ -ENVIRONMENTALLY 75 ST GREENBRIAR W q�M 7 / SITE (/j AND ^ / LOCATION 74 ST � > W W WEI DMONT .� y �:' % ,. W UNIV. TAMARAC ] MED CTR CTR Z PICCADILLY 72 CT /. J j W W y y2 ST �/� UNIV.72 ST 72 ST R OtiN� Q H❑SP. E 71 CT Qpti� W �1M R72B / C, PARK W❑❑DM❑NT 71 PLACE SQUARE J4 THERAPEUTIC CT 71 ST TR72C a ACAD MY ¢ 00 WIN N Q TR72A % PIN � APP E PKCD HILLS n BANK MER �O 70 S7 a 06Z 70 C7 N. UJ w N / z q z A r w 1st UNION ALBERTS❑N - W❑❑DM❑NT W❑❑DM❑NT ALL SAINTS BANK O z 13 ¢ w n % z z wz C❑MMONS PLAZA LUTHERAN w NATIONS SHELL U N Y 3 BANK McNAB ROAD BANK TEXAC❑ TAMARAC y y CONCORD VILLAGE PLAZA W W W y W W W V• W W y y W❑❑ W W W W y W V LA y y W y W y W W W W UNIVERSITY \ W W y W W TS. y W W W \ y y y COMMONS SANDS POINT W W W y y W �\\ W BELLE W.' y y CQ�❑gNr y W TER[E 7 W \ W \\ vCRSAILLGs TAMARAC y W W \� GARDENS W W UNI_MEDICAL_ARTS.DWG UNIVERSITY MEDICAL ARTS BUILDING PERFORMANCE BOND RELEASE "Exhibit 2" 1sT UNITED BANK �J IRREVOCABLE LETTER OF CREDIT NO. 77399 June 18, 1997 Beneficiary: City of Tamarac 7525 N. W. 88th Avenue Tamarac, Florida 33321 Gentlemen: We have established this Irrevocable Letter of Credit No. 77399 in your favor for the account, of: UMC Partners, Ltd. 1900 Glades Road, Suite #400 Boca Raton, Florida 33431 for drawing up to the aggregate amount of TWENTY SIX THOUSAND SEVEN HUNDRED SEVENTY SIX AND NO1100 DOLLARS ($26,776.00) 0 effective immediately and expiring at our office at: 1 st United Bank 6801 Lake Worth Road Lake Worth, FL 33467 with our close of business on June 18, 1998. We are advised that this irrevocable Letter of Credit is to insure the installation of public improvements indicated on the certified cost estimate dated June 2, 1997 and on plans prepared by Rhon Ernest -Jones Consulting Engineers, Inc. and approved by the city engineer for University Medical Arts, Phase I, utilities construction and developer's obligation to comply with the requirements of Tamarac City Code Section 10-156. I The city is authorized to draw drafts at sight accompanied by assigned statement from the City of Tamarac or its authorized representatives that: A. The drawing is due to UMC Partners, Ltd.'s failure to construct the public improvements. B. That the developer's obligations have not been completed and the City of Tamarac has been noted the bond will not be extended or C. That a warranty bond that is required by Tamarac City Code had not been provided. 0 • D. This instrument shall be renewed for successive periods of one (1) year each unless we provide written notice to the City Clerk via registered mail of our intent to terminate the credit herein extended, which notice must be provided at least sixty (60) days prior to the expiration date of the original term, unless the City of Tamarac returns the original letter of credit together with notification that it may be terminated. We hereby undertake to promptly honor one or more of your sight draft(s) drawn on us in compliance with the terms of this letter of credit, in your favor, for all or any part of this Letter of Credit, if presented at our office at the above address on or before the above expiration date or any automatically extended date, upon presentation of the original of this letter of credit and any and all amendments for proper endorsement. All drafts must be clearly marked "Drawn under 1st United Bank Letter of Credit No. 17399 ". Such documents must accompany all presentments for payment. Except as stated herein, this undertaking is not subject to any condition or qualification. Our obligation under this Letter of Credit shall be our individual obligation, in no way contingent upon reimbursement with respect thereto. This Letter of Credit is subject to the ICC Uniform Customs and Practice for Documentary Credits (1993 Revision), International Chamber of Commerce Publication No. 500 (the "UCP"). Notwithstanding Article 17 of the UCP, if this Letter of Credit expires during an interruption of our business as described in said Article 17, you may draw alternatively hereunder at our main Letter of Credit facility as noted on this letterhead, on or before the current expiration date or any amended expiration date, provided that you present the original of the Letter of Credit and any and all amendments thereto. 1ST UNITED BANK Anne Davis Paddock, Vice President ATTEST Oliver, Vice President 9