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HomeMy WebLinkAboutCity of Tamarac Resolution R-99-047Temp. Reso.#8515, January 15, 1999 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-99-- 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 #3011698 FROM BANK OF AMERICA, IN THE AMOUNT OF $8,800.00 SUBJECT TO THE RECEIPT OF A ONE-YEAR WARRANTY BOND IN THE AMOUNT OF $2,200.00 FOR THE WATER DISTRIBUTION SYSTEM IMPROVEMENTS INSTALLED BY MEDIAONE OF GREATER FLORIDA, INC., FOR THE MEDIAONE/ARCHIBALD SITE PROJECT LOCATED ON THE NORTH SIDE OF McNAB ROAD BETWEEN NW 80" AVENUE AND NW 84" AVENUE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, MediaOne of Greater Florida, Inc., has constructed the MediaOne/Archibald Site Project and installed the Water Distribution System Improvements in accordance with the Site Plan approved by the City Commission on July 8, 1998; and WHEREAS, MediaOne of Greater Florida, Inc., is required to provide a one-year Warranty Bond to the City of Tamarac for the MediaOne/Archibald Site Water Distribution System Improvements located on the north side of McNab Road between NW 80t" Avenue and NW 84t" Avenue (attached hereto in map form as "Exhibit 1 "); and Temp. Reso.#8515 January 15, 1999, 2 WHEREAS, MediaOne of Greater Florida, Inc., has requested the release of a Public Improvement Performance Bond in the form of an Irrevocable Standby Letter of Credit #3011698 from Bank of America, in the amount of $8,800.00 (attached hereto as "Exhibit 2") subject to the receipt of a one-year Warranty Bond in the amount of $2,200.00 to the City of Tamarac for the Water Distribution System Improvements installed for the MediaOne/Archibald Site 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 Director of Utilities that the Public Improvement Performance Bond be released for the MediaOne/Archibald Site Project Water Distribution 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 MediaOne of Greater Florida, Inc., for the MediaOne/Archibald Site Project Water Distribution System Improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA- Temp. Reso.#8515 January 15, 1999, 3 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: That the appropriate City Officials are hereby authorized to accept the one-year Warranty Bond for the Water Distribution System Improvements in the amount of $2,200.00 for the MediaOne/Archibald Site Project located on the north side of McNab Road between NW 80th Avenue and NW 841h Avenue 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 MediaOne of Greater Florida, Inc., the Performance Bond upon acceptance of the one-year Warranty Bond for the MediaOne/Archibald Site Project. The bond is in the form of an Irrevocable Standby Letter of Credit #3011698 from Bank of America, in the amount of $8,800.00 for the Water Distribution System Improvements. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 1 Temp. Reso.#8515 January 15, 1999, 4 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. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this�d y of^� 1999. h JOE SCHREIBER MAYOR ATTEST: RECORD OF COMMISS CMC/AAE CAROL GOD, MAYOR SCHREIBER CITY-, LERK DIST 1: _COMM. McKAYE ' CERTIFY that I have this RESOLUTION as DIST 2: V/NI MISHKIN DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS EXHIBIT 1 • • • —J W W W W W W /• /'////// W O A // j/ W W ERN CIR 79 ST w Z Q w W o0 n ¢ TR55 / a TR56 n /n > ¢ o; r- 78 CT n AVAL❑N n QQ W W❑❑DM❑NT W p INfs' % ESTATES CDa 78 CT W W W W COUNTRY W LiCIR pp 78 PL W T W W W W 'CLUB W > 78 ST THE CENTRE �z W a Q z Ci Z W❑❑DM❑NT z 0 w n � UCP n wW W W W / W W W W TR74 w p=pp W 77 ST n W W > W W¢ Q Q j TAMARAC W W W SW W W Wco Q j SCHOOL ¢ �VPCK 75 � / n ck +Rp AI- ti PALM / q° ¢ W PAL T CIR j/���op W W SIL ER 7�4 I T PARK C S.BELL ' a CT 76 ST WPALW P���t / TR75 �W / 7s ST TOWN PLAZA F- n ¢ n 75 ST n rr W W _ o�T4C W GREENBRIAR cy ^ENVIRONMENTALLY/ E 1Tv"— I✓ LAND �/ W W WOODMONT <"� W Li 73 ST TAMARAC MED, PICCADILLY 0 CT %/ 7Z / W W /' r• UNIV, UNIV, CTI? W W MED CTR H❑SP, 72 ST 72 ST %/ z D 0n' ,` Cti W y M��� .� 71 CT 01 R7CB / 7 C� PARK W❑❑DM❑NT SQUARE 71 PLACE THERAPEUTIC J� $� CT TR72C a w 71 ST ACAD MY� a 00 WINN DIXIE b 9 B �O TR72A % PIN APP E PK � HILLS n pF 70 ST q o6z 70 CT WENDY•S N. 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OF VERSAI N CfR W W W W W TAMARAC LLCS GARVCNS W W MED1A1_ARC,DWG MEDIAONE/ARCHIBALD SITE PERFORMANCE BOND RELEASE "Exhibit 2" Bank of Amadca C] DATE: AUGUST 31, 1998 IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER: 3011698 APPLICANT REFERENCE NUMBER: MOM BENEFICIARY CITY OF TAMARAC 7525 NW 88TH AVENUE TAMARAC, FLORIDA 33321 PAGE: 1 APPLICANT MEDIAONE OF GREATER FLORIDA, INC. 7800 BELFORT PARKWAY, ROOM 270 JACKSONVILLE, FL 32256 AMOUNT USD 8,800.00 EIGHT THOUSAND EIGHT HUNDRED AND 00/1001S US DOLLARS EXPIRATION AUGUST 26, 1999 AT OUR COUNTERS WE HEREBY ESTABLISH IN YOUR FAVOR OUR IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER 3011698 WHICH IS"AVAILABLE WITH BANK OF AMERICA NT & SA BY PAYMENT AGAINST PRESENTATION OF THE ORIGINAL OF THIS LETTER OF CREDIT AND YOUR DRAFTS AT SIGHT DRAWN ON BANK OF AMERICA NT & SA, ACCOMPANIED BY THE DOCUMENTS DETAILED BELOW: BENEFICIARY'S SIGNED STATEMENT CERTIFYING THAT MEDIAONE OF GREATER FLORIDA, INC. HAS FAILED TO COMPLETE THE INSTALLATION OF PUBLIC IMPROVEMENTS INDICATED ON CERTIFIED COST ESTIMATE DATED AUGUST 13, 1998 AND ON PLANS PREPARED BY KIMLEY HORN AND ASSOCIATES, INC. CONSULTING ENGINEERS AND APPROVED BY THE CITY FOR WATER DISTRIBUTION AND SEWER COLLECTION IN NW 70TH STREET, FOR MEDIAONE FIBER OPTIC INSTALLATION AT ARCHIBALD LOCATED AT 8215 W. MCNAB ROAD AND THAT MEDIAONE'S OBLIGATION TO COMPLY WITH THE REQUIRMENTS OF TAMARAC CITY CODE SECTION 10-156 HAS NOT BEEN MET. IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE DEEMED AUTOMATICALLY EXTENDED FOR ONE YEAR FROM THE PRESENT OR ANY FUTURE EXPIRATION DATE, UNLESS WE NOTIFY YOU IN WRITING BY OVERNIGHT COURIER SERVICE AT LEAST THIRTY (30) DAYS PRIOR TO THE THEN CURRENT EXPIRATION DATE THAT WE ELECT NOT TO EXTEND THIS LETTER OF CREDIT FOR AN ADDITIONAL PERIOD. UPON RECEIPT OF SUCH NOTICE, YOU MAY DRAW HEREUNDER BY PRESENTING YOUR SIGHT DRAFT DRAWN ON US AND A SIGNED STATEMENT AS FOLLOWS: "WE CERTIFY THAT WE HAVE BEEN NOTIFIED IN WRITING BY BANK OF AMERICA NT & SA OF THEIR ELECTION NOT TO RENEW THEIR LETTER OF CREDIT NO. 3011698 AND THAT A WARRANTY LETTER OF CREDIT REQUIRED BY THE TAMARAC CITY CODE HAS NOT BEEN PROVIDED." WE HEREBY ENGAGE WITH THE BENEFICIARY THAT DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS LETTER OF CREDIT WILL BE DULY HONORED UPON PRESENTATION, AS SPECIFIED HEREIN. THIS LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1993 REVISION), INTERNATIONAL CHAMBER OF COkCE..ICATION NO. 5 0. _---_______. _ __..___-I -------- -- L.-BR�AULT JEFFERSON ORIGINAL Bank of America T&SA Trade Opsmilm r Center 5655 {y A paper 333 South Beeudry Avenue,19th Me,, Los Angeles, CA 90017 CABLE ADDRESS: Telex MCI 67652 BANKAMER SFO a SWIFT ADDRESS BOFAUSBS CORR-1041A 10.95 (Reprint S-96) • FOR APPROVAL ONLY - PERFORMANCE BOND Item Title: MEDIA ONE — ARCHIBALD SITE --- PERFORMANCE BOND IN THE FORM OF AN IRREVOCABLE STANDBY LETTER OF CREDIT #3011698- FROM BANK OF AMERICA, IN THE AMOUNT OF $8,800.00. THE PROJECT IS LOCATED ON THE NORTH SIDE OF McNAB ROAD BETWEEN N.W. 84T" AVENUE AND N.W. 80TH AVENUE 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 the City. Department (1) Utilities/Engineering (2) Risk Management (3) City Attorney (4) City Clerk (Please Return approved form Initiating Division's Signature: Initials for Approval Date AO 0j<),q 48