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Home My WebLink AboutCity of Tamarac Resolution R-96-118Temp. Reso. #7415 Page 1 May 6, 1996 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-96- I 19 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO RELEASE A WARRANTY BOND, STANDBY LETTER OF CREDIT #S950360 IN THE AMOUNT OF $21,901.94 POSTED FOR PUBLIC IMPROVEMENTS AT MALVERN INCLUDING SITE PREPARATION, PAVEMENT, DRAINAGE AND SIDEWALKS LOCATED IN THE 9700 BLOCK OF WESTWOOD DRIVE, EAST OF NOB HILL ROAD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Lennar Homes, Inc., as Principal, with Sun Bank, as Surety, has filed with the City Letter of Credit # S950360 in the amount of $21,901.94 to warranty public improvements at Malvern including site preparation, pavement, drainage, and sidewalks located in the 9700 block of Westwood Drive, east of Nob Hill Road; and WHEREAS, The facilities have been inspected and found acceptable by the Public Works Engineering Division; and WHEREAS, It is the recommendation of the Public Works Director and the City Engineer that the Warranty Bond be released pursuant to City Code Section 10-156; 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 Warranty Bond, Standby Letter of Credit #S950360 in the amount of $21,901.94, posted for Public Improvements at Malvern including site preparation, pavement, drainage and sidewalks; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: Temp. Reso. #7415 Page 2 May 6, 1996 SECTION 1 : That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific park of this Resolution. SECTION 2: That the Letter of Credit #S950360 posted by Lennar Homes, Inc., as Principal, with Sun Bank, as Surety, in the amount of $21,901.94 for public improvements at Malvern is HEREBY RELEASED. A copy of the Warranty Bond is attached as "Exhibit 1." SECTION 3: That the appropriate City Officials are HEREBY AUTHORIZED to release the Warranty Bond, Standby Letter of Credit #S950360 in the amount of $21,901.94 posted for public improvements in the 9700 Block of Westwood Drive east of Nob Hill Road to Lennar Homes. SECTION 4: That all Resolutions or parts of Resolutions in conflict herewith are HEREBY REPEALED to the extent of such conflict. SECTION 5: That if any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. SECTION 6: That this Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this p)—d j(of ' V 1 �A 1996. NORMAN ABRAMOWITZ MAYOR 1 1 ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I approved this CITY ATTO GES/kkm 1 MAYOR DIST. 1: DIST. 2: DIST. 3: DIST. 4: Temp. Reso. #7415 Page 3 May 6, 1996 RECORD OF COMMISSION VOTE Ew x.. SunBanklMleml, N.A. International Banking Division 3737 N.W, 87th Avenue Mlaml, Florida 33178 TEMP, RESO. No.___," ! S SUN BANK/MIAMI, N.A. IRREVOCABLE STANDBY LETTER OF CREDIT NO. S950360 MAY 03, 1995 BENEFICIARY: CITY OF TAMARAC 7525 N.W. 88TH AVE. MIAMI, FLORIDA 33321 ATTN: CITY CLERK APPLICANT: LENNAR HOMES, INC. 700 NW 107TH AVENUE MIAMI, FI. 33172 AMOUNT: USD 21,901.94 DATE OF EXPIRY r MAY 03, 1996 PLACE OF EXPIRYr AT OUR COUNTERS WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER S950360 IN YOUR FAVOR FOR THE ACCOUNT OF LEWNAR HOMES, INC. WHICH IS AVAILABLE WITH SUNBANK/MIAMT, N.A., 3737 NW 87TH AVENUE, MIAMI, FL. 33178 ATTN! LETTERS OF CREDIT DEPARTMENT BY I, PAYMENT AGAINST DOCUMENTS DRTAILED HEREIN AND YOUR DRAFT($) AT SIGHT DRAWN ON SUNBANK/MIAMI,. N.A. UP TO AN AGGREGATE AMOUNT OF USO 21,901.94 (TWSNTY ONE THOUSAND NINE HUNDRED ONE AND 94/100 U.S. DOLLARS) WITHOUT OBLIGATION ON OUR PART, W8 ARE ADVISED THAT THIS �;• IRREVOCABLE LETTER OF CREDTT IS TO EKAURE THE CORRECTION OF ALL INSUFFICIENCIES IN DESIGN, WORKMANSHIP AND/OR MATERIALS WHICH p•,� ARE FOUND WITHIN (1) YEAR OF THE DATE OF THE FORMAL ACCEPTANCE OF THE SUB --DIVISION IMPROVEMENTS OF THE CITY OF TAMARAC FOR THE j...i INSTALLATION OF PUBLIC IMPROVEMENTS INDICATED ON CERTIFIED COST ESTIMATE DATED APRIL 12, 1994 AND APPROVED BY THE CITY ENGINEER FOR OFFSITE PAVING AND DRAINAGE FOR MALVERN AND DEVELOPER'S OBLIGATION TO COMPLY WITH THE (REQUIREMENTS OF TAMARAC CITY CODE SECTION 1•-1S6• 9 THE CITY IS AUTHORIZED TO DRAW DRAFTS AT SIGHT ACCOMPANIED BY A SIGNED STATEMENT FROM THE CITY OF TAMARAC OR IT'S AUTHORIZED �•; REPRESENTATIVE THAT: "THE UNDERSIGNED, AN AUTHORIZED + REPRESENTATIVE OF THE CITY OF TAMARAC, HEREBY CERTIFIES THAT: (A) THE DRAWING IS DUE TO LENNAR HOMES, INC.'S FAILURE TO CORRECT ALL INSUFFIENCIES IN DESIGN, WORKMANSHIP AND/OR MATERIALS WHICH ARE FOUND WITHIN ONE (1) YEAR OF THE DATE OF THE � ti FORMAL ACCEPTANCE OF THE PUBLIC IMPROVEMENTS BY THE CITY COUNCIL OF THE CITY OF TAMARAC, OR (0) THAT THE DEVELOPER'S OBLIGATIONS HAVE NOT BEEN COMPLETED, OR THE CITY OF TAMARAC HAS BEEN " NOTIFIED THAT BOND WILL NOT BE EXTENDED. OR (C) THAT THE CITY OF CONTINUED ON NEXT PAGE EXHIBIT A SunTruat Bank ZOOd ShVIoossv NVHMV;) Mad wV ZO 10 96—LZ-CO 4 -�6-1 / f • IRREVOCABLE LETTER OF CREDIT NO, 5950360 a TEMP. RESO. No.3j.! � SunaanklMlaml, N.A.' n International Banking Dlvialy" 3737 N.W. 87th Avenue Miami, Florida 33178 TAMARAC HAS BEEN NOTIFIED THAT THE BOND WILL NOT BE EXTENDED." THIS LETTER OF CREDIT SETS FORTH IN FULL THL TERMS OF OUR UNDERTAKING AND SUCH UNDERTAKING SHALL NOT IN ANYWAY BE MODIFIED,AMENDED, OR AMPLIFIED BY REFERENCE TO ANY DOCUMENT(S) INSTRUMENT(S), OR AGREEMENT(S) REFERRED TO HEREIN, OR IN WHICH THIS LETTER OF CREDIT IS REFERRED TO OR THIS LETTER OF CREDIT RELATES, AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE HEREIN BY REFERENCE ANY DOCUMENTS, INSTRUMENTS, OR AGREEMENT. THE ORIGINAL LETTER OF CREDIT MUST BE PRESENTED WITH ANY DRAWING HEREUNDER. DRA1:T(S) UNDER THIS LETTER MUST Ras MARKED "DRAWN UNDER LETTER OF CREDIT NUMBER S950360." THIS LITTER OF CREDIT SHALL BE AUTOMATICALLY RENEWED WITHOUT AND AMENDMENT FOR SUCCESSIVE PERIODS OF ONE (1) YEAR EACH UNLESS WE PROVIDE WRITTEN NOTICE TO THE CITY CLERIC VIA REGISTERED MAIL, OR SPECIAL COURIER, THAT WE ELECT NOT TO RENEW THE CREDIT FOR AN ADDITIONAL, PERIOD, WHICH NOTICE MUST HE PROVIDED AT LEAST SIXTY (60) DAYS PRIOR TO EXPIRATION DATE OF THE ORIGINAL TERM HEREOF TAMARAC RETURNS THE ORIGINAL LETTER OF CREDIT TOGETHER WITH WRITTING NOTIFICATION THAT IT MAY BE TERMINATED PRIOR, TO THE THEN CURRENT EXPIRATION DATE. WE ENGAGE WITH YOU THAT YOUR DRAFTS DRAWN UNDER AND TN RTRT.CT COMPLIANCE WITH THE TERMS OF THIS CREDIT WILL BE DULY HONORED IF PRESENTED TO US ON OR BEFORE THE EXPIRATION DATE OF THIS CREDIT OR ANY EXTENDED DATE AS PROVIDED HEREIN. EXCEPT SO 'PAR AS OTHERWISE STATED, THIS CREDIT IS SUBJECT TO THE "UNIFORM CUSTOMS AN RACTICE FOR DOCUMENTARY CREDITS" (1993 REVISION) INTERNAT AL CHAMBER OF COMMERCE PUBLICATION 500, OR aSION CURRE LY I EFFECT. 306 A SunTruat Bank � z Hod ShVIDOM NVUHM WOU WV U 10 96-L�40 PROJECT NAME: UrtH: Site Preparation Paving and Drainage Sewage Collection Water Distribution Sidewalks, Curb & Gutter Street, Median cuts (' See CITY OF TAMARAC CE, .11FIED ACTUAL COST Page 1 of 9 MALVERN (OFFSITE PAV. & DRAIN. ONL LENNAR HOMES, INC. TOTAL COST Private r�s naii resunacing . Clearing and Grubbing TOTALS: TOTAL public improvements from the estimated cost CERTIFICATE: TEMP. RESO. No. 9 15 Public % FEE $1,271.25 7.15 $70,454.00 $.25 8.25 7.15 $13,232.50 8.25 $2,650.00 7.15 2.00 7.15 a) $87,607.75 b) $77,213.75 hereby certify that this cost is true and correct to the best of y knowledge and belief and represents the total site development costs for the project. 9 �— Date ADAM T. PHILLIPS, R.E. Project Engineer Public Improvement Warranty Bond from the greater of a) or b) above; Cost = $87,607.75 X 25% = $21,901.94 PROJECT NO. 881205F FILE NAMP• iuei 1/I'AI. FEE AMOUNT Private Public -�---� 8099 $5, 4281 6 $1, 60 1919 8 TOTAL Fee: $7,184.51 LESS fee-4 prev'Iy paid: r BALANCE due to City: • ` SEE ATTACHED LETTER Approved by the City Engineer: 4A4�Date: Remarks: Streets more than 2 years old, $50.00 x number of lanes Median cut with stacking lane, $250.00 x number of median cuts cut w/o stack lane, w/curb cut, $200.00 x no of median cuts edian cut w/o stack lane or curb cut, $50.00 x no of median cuts ,,aMedian ck and Bore, 75% of above (Reno. 83-130) 47574 Reg. No. A/K 1153 H6/LK/KJ/ES 03079 r1 • TEMP, RESO. No. LAND DEVELOPMENT RECUI.AnONS O 10-156 location- The city has established a third - order bench mark network throughout that portion of the city situated west of the Florida Turnpike for the purpose of pro- viding vertical control for the orderly growth of the western portions of the city. A list of such bench marks and their loca- tions is on file with the city building de- partment and the city engineer, and is avail- able to all interested parties. (b) Bench marks shall be placed on permanent reference monuments or equally stable objects that are easily recognized, easily found and not likely to move. (c) Bench marks as described above shall be equivalent to third -order and be established in conformance with the Standards of Practice pro- mulgated by The Florida Society of Professional Land Surveyors. (Code 1975, § 24-5) Sec. 10-156. Public improvement bonds. (a) Prior to the issuance of any permit, other than for clearing and grubbing (section 10-154(c)), a water and sewer developer's agreement, which sets forth the phasing and timing of the payment of all required fees and the submittal and ap- proval of the improvement bond is required. A letter of credit will be required to ensure payment of city fees and guarantee completion of improve- ments. The bond shall be posted by the developer or his general contractor with the city in the amount of one hundred (100) percent of the item- ized estimated cost, prepared and certified by an engineer registered in the state, of all required public improvements, including, but not limited to, those listed in section 10-154(a). This bond shall be cash, irrevocable bank letter of credit, a cash- ier's check or other negotiable instrument, or a surety bond written by a company listed in the latest revision of circular 470 standard Surety Companies Acceptable on Federal Bonds. Also ac- ceptable is a letter from a savings and loan or commercial bank stating that: (1) It has committed funds in an amount equal to the cost of the project; Supp, No. la 673 (2) Moneys will be disbursed as work is done but only after inspection and approval by the design engineers and approval of the bank's engineers; (3) The work will be completed in accordance with the approved engineering drawings and specifications as well as all applicable city ordinances; (4) The bank or savings and loan guarantees completion if the developer does not com- plete; (5) It is holding a separate collateral account in an amount equal to twenty-five (25) per- cent of the cost of the improvements, which moneys are to remain available one (1) year after formal approval and acceptance of sub. division improvement by the city, together with any needed corrections or insufficien- cies in design, workmanship and/or mate- rials which are found within one (1) year of the date of formal acceptance; and (6) The moneys held will be released to the city upon demand if the city certifies that the work is not being done in accordance with specifications and drawings. All bonds shall be approved by the city attorney (as to form) and the city engineer (as to dollar amount). Either may require such terms and/or conditions as they deem necessary for the protec- tion of the city. The bond shall guarantee the com- pletion of all stipulated improvements in accor- dance with the approved engineering plans and within a specified time period, approved by the city engineer and the city council. (b) The bond shall remain in full force until the improvements have been accepted by resolution of the city council and a one-year warranty bond of twenty -Five (25) percent of the certified actual costs, but not less than twenty-five (25) percent of t e original performance bond, has been submitted to the city. This bond shall be cash, irrevocable bank letter of credit, cashier's check or other ne- gotiable instrument, or a surety bond written by a company listed in the latest revision of circular 570 standard Surety Companies Acceptable on Federal Bonds. § 10- 15r, TAMA ZAC CODE. TEMP. RESO. No. *(c) If the principal (developer or contractor) fails or refuses to correct insufficiencies in workman. ship and/or materials within ninety (90) days after written notice by the city engineer, then the city shall have the right, pursuant to public advertise- ment and receipt and acceptance of bids, to cause the insufficiencies in design, workmanship and/or materials to be corrected. In such case, the prin- cipal and surety (to the extent of his bond) shall be jointly and severally liable hereunder to pay to and indemnify the city upon the correction of the insufficiencies in workmanship and/or materials, the full total cost thereof, including but not lim- ited to, engineering, legal and contingent costs together with any damage, direct or consequen- tial, which the city may sustain on account of the failure of the principal to comply with all of the requirements hereof. �J (d) The procedure for release of the improve- ment performance bond shall be as follows: (1) Upon completion of the improvements, the developer shall submit to the city engineer as -built drawings and certified actual costs, and at the same time request final inspec- tion by the engineering department. All ac- tual costs shall be certified by a registered engineer. (2) Within thirty (30) working days, the city engineer will either: a- Approve the improvements in writing and recommend to the city council the acceptance of the improvements and the release of the bond; or b. Inform the developer, in writing, of any discrepancies in the improvements re- lated to the approved engineering draw- ings and/or any faults with the as -built drawings. (3) If (2)b. occurs, the developer shall make the necessary corrections and upon completion request an inspection by the engineering department for verification that the correc- tions have been made, or submit the cor- rected as -built, whatever the case may be. (4) The city council shall, upon receipt of the favorable engineering recommendation, for the next council meeting, place on the Supp, No. I:1 674 agenda for discussion and possible action, the resolution accepting the improvements and releasing the bond subject to the de. livery of the twenty -five -percent warranty bond. (5) The twenty -five -percent warranty bond shall stand against all insufficiencies, in. eluding but not limited to design (in accor- dance with this article or as may be amended), workmanship and materials in- cluded in the accepted improvements as shown on the record drawings and detailed specifications that are discovered within one (1) year of the date the work has been ac- cepted by resolution of the city council. The developer shall request the city engineer to reinspect the improvements one (1) year after their acceptance. Unless reinspection shows deficiencies, the bond shall be placed on the agenda for city council action. (e) Nothing in this article shall affect bonds posted under ordinances in effect prior to July 13, 1978. However, any developer who has entered into a developer's agreement with the city wherein the developer has agreed to comply with all of the terms of Temporary Ordinance No. 501 (from which this article is derived) shall comply with all of the terms of this article, including those provi- sions pertaining to public improvement bonds. (Code 1975, § 24-6; Ord. No. 93-23, § 5, 9.8-93)- Sec. 10-157. Site development improvement permit. Following approval of the final site develop- ment plan by the city council and posting of all required public improvement bonds and payment of fees, the owner of the land being developed, or his bona fide agent, is required to take out an improvement permit with the city for all land im- provements occurring on public or private prop- erty. No improvement or alteration of any ex- isting public or private property or utility shall be allowed without a city improvement permit is- sued for such specific improvement. The permit shall be visibly displayed at all times during con- struction. As a condition of the improvement permit other than for clearing and grubbing, a copy of the approved record drawings furnished L12 14C 'M0NT- _ lit TR 24 x._.m_ ti TR O \2__ aCp y , h R TR 30 9$-1 =TR._ 31 m 0 O Dl TR 28 Li (120-24l o`' <P TR 7 O HIDD A EN KING s TR 37 POINT , 9-11) 1 '„¢ r w f Rrrc. ' (125-18) x p JIEW i ST b( A�'p m BELEORT M w 7♦ c T ys ASHMCNT r � =p`►CE � p�;- M w s 5T. r 11W755Tf. — w E s T w a� 78-4 {` / ■ I u w N.w 71 ST y, = z Nw 72ST Sr a W r 70 PL NW70 CT v' ylaw M W 70 A; v 10 3 3 'f� T 449 r = v Z= ~la r v rY. C N w 70 # 6 N.W 7U5T M w TO ST ; N.y, z 3 # P. 11 z 4rpu _ ;l 705T. y = Nw ; 70 cT i` \T H E _v_ I L-.LAU 9 COLONY WEST GOLF COURSE SPYGLAS Irc 4 A 8 J 2' i`