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HomeMy WebLinkAboutCity of Tamarac Resolution R-99-0821 Temp. Reso. #8581, March 24, 1999 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-99-2c), A RESOLUTION OF THE CITY COMMISSION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO RELEASE A PUBLIC IMPROVEMENT WARRANTY BOND IN THE FORM OF AN IRREVOCABLE STANDBY LETTER OF CREDIT #1157 FROM POINTBANK, IN THE AMOUNT OF $1,115.00 FOR THE WATER DISTRIBUTION SYSTEM IMPROVEMENTS, INSTALLED BY PROSPECT COMMERCIAL, INC., FOR THE BAGELMANIA PROJECT, LOCATED ON THE SOUTHWEST CORNER OF COMMERCIAL BOULEVARD AND PROSPECT ROAD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE WHEREAS, Prospect Commercial, Inc., has constructed the Bagelmania Project and installed the Water Distribution System Improvements in accordance with the Site Plan approved by the Planning Commission on December 6, 1996; and WHEREAS, the Water and Sewer Developer's Agreement accepted and executed by the City of Tamarac on December 11, 1996, requires Prospect Commercial, Inc., to provide a one-year Warranty Bond to the City of Tamarac for the Bagelmania Water Distribution System Improvements, located on the southwest corner of Commercial Boulevard and Prospect Road (attached hereto in map form as "Exhibit 1 "); and Temp. Reso. #8581, March 24, 1999 2 WHEREAS, Prospect Commercial, Inc., has requested the release of a Public Improvement Warranty Bond in the form of an Irrevocable Standby Letter of Credit #1157 from Pointbank, in the amount of $1,115.00 (attached hereto as "Exhibit 2") for the Water Distribution System Improvements installed for the Bagelmania Project; and WHEREAS, the Improvements were inspected, approved and are recommended for acceptance for City ownership by the Utilities Engineering Division; and WHEREAS, it is the recommendation of the Director of Utilities that the Public Improvement Warranty Bond be released for the Bagelmaina 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 Warranty Bond in the form of an Irrevocable Standby Letter of Credit #1157 from Pointbank in the amount of $1,115.00 from Prospect Commercial, Inc., for the Bagelmania Project Water Distribution System Improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 1 LJ Temp. Reso. #8581, March 24, 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 release the one-year Public Improvement Warranty Bond for the Water Distribution System Improvements in the amount of $1,115.00 for the Bagelmania Project, located on the southwest corner of Commercial Boulevard and Prospect Road 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 Prospect Commercial, Inc., the Warranty Bond for the Bagelmania Project. The bond is in the form of an Irrevocable Standby Letter of Credit #1157 from Pointbank, in the amount of $1,115.00 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 1 Temp. Reso. #8581, March 24, 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/Aay of , 1999. ATTEST: a""oy'ew CAROL G D, CMC/AAE CIT LERK I HEREBY CERTIFY that I have MW/krs/mg JOE SCHREIBER MAYOR RECORD OF COMMISSION MAYOR SCHREIBER DIST 1: COMM. PORTNE DIST 2: VIM,MISHKIN DIST 3: cow StJ1.TANOF DIST 4: COMM. ROBEWM TE .EXHIBIT 1. • • • BAGELMANIA WARRANTY BOND RELEASE BAGELE,DWG "Exhibit 2" BOCAPOWERRATON, FL 3 ROAD BQCA RATON, FL 33433 561/368.6300 httpV/pointebank.com Date of Issue: February 10, 1998 Date of Expiry: February 10, 1999 Irrevocable Letter of Credit No. 1157 Beneficiary: City or Tamarac 7525 NW 88th Avenue Tamarac, Florida 33321 Gentlemen: LETTER OF CREDIT Applicant: Prospect Commercial, Inc. 943 Clint Moore Road Boca Raton, Florida 33487 By order of our client, Prospect Commercial, Inc. we hereby open our clean irrevocable letter of credit #1157 in your favor for and amount not to exceed $1,115.00 (One thousand one hundred fifteen dollars), effective immediately and expiring with close of business on February 10, 1999. • We are advised that this irrevocable letter of credit is to insure installation of public im provements mprovements indicated on the certified cost estimate dated 12-26-97 and on plans prepared by Stamos & Associates and approved by the City of Tamarac to comply with the requirements of the Tamarac City Code Section 10-156. The City is authorized to draw drafts at sight accompanied by a signed statement from the City of Tamarac or its authorized representatives that: (A) The drawing is due to Prospect Commercial, Inc.'s failure to construct the public improvements. (B) That the developer's obligations have not been completed and the City of Tamarac has been notified the Letter of Credit will not be extended. Al ® That a warranty bond that is required by Tamarac City Code has not been provided. This Letter of Credit shall be automatically renewed, without amendment, for successive periods of one year unless we provide written notice to the City Clerk via registered mail of our intent not to renew for an additional period, which notice must be provided at least thirty days (30) prior to the expiration date of the original term hereof or any renewed one year term or unless the City of Tamarac returns the original Letter of Credit together with notice that it may be terminated. Page Two February 10, 1998 Letter of Credit #1157 We engage with you that each draft drawn under and in compliance with the terms of this credit will be duly honored on delivery of the documents as specified if presented to us at our 21845 Powerline Road, Boca Raton, Florida 33433, office. Except so far as otherwise expressly stated, this credit is subject to the "Uniform Customs and Practice for Documentary Credit (1993 Revision) International Chamber of Commerce Brochure No. 500." Very ly o s, Ok J P. Dover Vice President 0 Temp. Reso. #8568, March 16, 1999 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-99- �3 A RESOLUTION OF THE CITY COMMISSION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO RELEASE A PUBLIC IMPROVEMENT WARRANTY BOND IN THE FORM OF AN IRREVOCABLE STANDBY LETTER OF CREDIT #S970521 FROM SUNTRUST BANK, NA., IN THE AMOUNT OF $7,437.25 FOR THE WATER DISTRIBUTION SYSTEM IMPROVEMENTS INSTALLED BY LENNAR HOMES, INC., FOR THE KINGS POINT WELDON BUILDINGS J & K PROJECT, LOCATED ON THE NORTHEAST CORNER OF NW 77th STREET AND NW 961h AVENUE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Lennar Homes, Inc., has constructed the Kings Point Weldon Buildings J & K Project and installed the Water Distribution System Improvements in accordance with the Site Plan approved by the City Commission on August 11, 1993; and WHEREAS, the Water and Sewer Developer's Agreement accepted and executed by the City of Tamarac on April 11, 1996, requires Lennar Homes, Inc., to provide a one-year Public Improvement Warranty Bond to the City of Tamarac for the Kings Point Weldon Buildings J & K Water Distribution System Improvements, located on the northeast corner of NW 771h Street and NW 961h Avenue (attached hereto in map form as "Exhibit 1 "); and 1