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HomeMy WebLinkAboutCity of Tamarac Resolution R-98-198Temp. Reso.# 8294, June 2, 1998 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-98-q� 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 #S960456 FROM SUNTRUST BANK, MIAMI, NA, IN THE AMOUNT OF $30,565.00 SUBJECT TO THE RECEIPT OF A ONE-YEAR WARRANTY BOND IN THE AMOUNT OF $9,276.63 FOR THE WATER DISTRIBUTION SYSTEM IMPROVEMENTS INSTALLED BY LENNAR HOMES, INC., FOR THE KINGS POINT COMMERCIAL PLAZA PROJECT LOCATED ON THE SOUTHEAST CORNER OF NOB HILL ROAD AND NW 77T" STREET; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Lennar Homes, Inc., has constructed the Kings Point Commercial Plaza Project and installed the Water Distribution System Improvements in accordance with the Site Plan approved by the City Commission on May 8, 1996; and WHEREAS, the Water and Sewer Developer's Agreement accepted and executed by the City of Tamarac on June 12, 1996, requires Lennar Homes, Inc., to provide a one-year Warranty Bond to the City of Tamarac for the Kings Point Commercial Plaza Water Distribution System Improvements located on the southeast corner of Nob Hill Road and NW 77th Street (attached hereto in map form as "Exhibit 1 "); and Temp. Reso.# 8294, June 2, 1998 2 WHEREAS, Lennar Homes, Inc., has requested the release of a Public Improvement Performance Bond in the form of an Irrevocable Standby Letter of Credit #S960456 from SunTrust Bank, Miami, NA., in the amount of $30,565.00 (attached hereto as "Exhibit 2") subject to the receipt of a one-year Warranty Bond in the amount of $9,276.63 to the City of Tamarac for the Water Distribution System Improvements installed for the Kings Point Commercial Plaza 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 Kings Point Commercial Plaza 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 Lennar Homes, Inc., for the Kings Point Commercial Plaza Project Water Distribution System Improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 1 L 11 Temp. Reso.#8294 June 2, 1998, 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 $9,276.63.00 for the Kings Point Commercial Plaza Project located on the southeast corner of Nob Hill Road and NW 771" 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 Lennar Homes, Inc., the Performance Bond upon acceptance of the one-year Warranty Bond for the Kings Point Commercial Plaza Project. The bond is in the form of an Irrevocable Standby Letter of Credit #S960456 from SunTrust Bank, Miami, NA., in the amount of $30,565.00 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.#8294 June 2, 1998, 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___e day of ..; ATTEST: CAROL G , CMC/AAE CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. TR/dav/tk [a]IWWA2101IC 01IW JOE SCHREIBER •- RECORD OF COMMISSION VOTE MAYOR SC HREIBER DIST 1: COMM. McKAYE OLAA � DIST 2: W(0 MISHKIN 0—&4 DIST 3: _COMM, SULTA_NOF CLAR— DIST 4: COMM. ROBERTS� ",Z ..