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HomeMy WebLinkAboutCity of Tamarac Resolution R-96-056Temp. Reso. #7336-February 28, 1996 Rev. 3/20/96 CITY OF TAMARAC RESOLUTION NO. R-96-v A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO RELEASE TWO (2) PUBLIC IMPROVEMENT PERFORMANCE BONDS: THE FIRST IN THE FORM OF AN IRREVOCABLE STANDBY LETTER OF CREDIT #32083 FROM SUNBANK/MIAMI, N.A. IN THE AMOUNT OF $23,517.50 FOR SEWER COLLECTION SYSTEM IMPROVEMENTS AND THE SECOND IN THE FORM OF AN IRREVOCABLE STANDBY LETTER OF CREDIT #32084 FROM SUNBANK/MIAMI, N.A. IN THE AMOUNT OF $51,855.75 FOR WATER DISTRIBUTION SYSTEM IMPROVEMENTS SUBJECT TO THE RECEIPT OF A ONE-YEAR WARRANTY BOND IN THE AMOUNT OF $29,515.18 FOR THE WATER DISTRIBUTION AND SEWER COLLECTION SYSTEM IMPROVEMENTS INSTALLED BY LENNAR HOMES, INC., IN THE WELDON PHASE I PROJECT FOR CITY OWNERSHIP AND ESTABLISH THE EFFECTIVE DATE OF THE ONE-YEAR WARRANTY PERIOD COMMENCING ON MAY 15, 1995; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on August 11, 1993, the City Commission approved a Site Plan for the Weldon Phase I Project located at the northeast corner of N.W. 77th Street and N.W. 96th Avenue (attached hereto in map form as "Exhibit 1") for the developer, Lennar Homes, Inc.; and WHEREAS, Lennar Homes, Inc., is constructing the Weldon Phase I Project and has installed the Water Distribution and Sewer Collection System Improvements required by the Site Plan; and 1 Temp. Reso. #7336-February 28, 1996 Rev. 3/20/96 WHEREAS, on July 1, 1994, Lennar Homes, Inc., submitted two (2) Performance Bonds: the first in the form of an Irrevocable Standby Letter of Credit #32083 from SunBank/Miami, N.A. in the amount of $23,517.50 for Sewer Collection System Improvements (attached hereto as "Exhibit 2") and the second in the form of an Irrevocable Standby Letter of Credit #32084 from SunBank/Miami, N.A. in the amount of $51,855.75 for Water Distribution System Improvements (attached hereto as "Exhibit 3"); and WHEREAS, City Code Section 10-156 and the Water and Sewer Developer's Agreement accepted and executed on August 11, 1993 requires Lennar Homes, Inc., to provide a Performance Bond for the Weldon Phase I Project; and WHEREAS, the Water Distribution and Sewer Collection System Improvements have been in service since May 15, 1995, which established the start of the warranty period; and WHEREAS, the Developer has requested the release of the Performance Bonds and establishing the one-year warranty period commencing on May 15, 1995; and WHEREAS, the Utilities Engineering Division inspected and approved the Water Distribution and Sewer Collection System Improvements on April 28, 1995; and WHEREAS, the Certified Actual Costs established the amount of the one-year Warranty Bond as $29,515.18 for the Water Distribution and Sewer Collection System Improvements; and WHEREAS, it is the recommendation of the Director of Utilities that the Performance Bonds be released subject to the receipt of a Warranty Bond and establish the commencement date of the one-year warranty period to be May 15, 1995; and 2 Temp. Reso. #7336-February 28, 1996 Rev. 3/20/96 WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to release the Performance Bonds for the Weldon Phase I Project subject to the receipt of a one-year Warranty Bond in the amount of $29,515.18 for the Water Distribution and Sewer Collection System Improvements and establish the one-year warranty period commencing on May 15, 1995. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION J 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 and Sewer Collection System Improvements in the amount of $29,515.18 for the Weldon Phase I Project in accordance with Section 10-156 of the City Code and establish the one-year warranty period commencing on May 15, 1995. SECTION 3: That the City Clerk is hereby authorized and directed to release to the Utilities Department for return to Lennar Homes, Inc., two (2) Performance Bonds upon acceptance of the one (1) year Warranty Bond for the Weldon Phase I Project. The first bond is in the form of an Irrevocable Standby Letter of Credit #32083 from Sun Bank/Miami, N.A. in the amount of $23,517.50 for Sewer 3 1 1 Temp. Reso. #7336-February 28, 1996 Rev. 3/20/96 Collection System Improvements. The second bond is in the form of an Irrevocable Standby Letter of Credit #32084 from Sun Bank/Miami, N.A. in the amount of $51,855.75 for Water Distribution System Improvements. 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. SECTION S� This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this l"6/ day of 199/' . ATTEST: CAROL A. EVANS, CMC CITY CLERK I HEREBY CERTIFY that I have appprele--o tois RESOLUTION as MITCHELL CITY AT Utilities/rmc/dav/mw ►1 Rif r - �! Olen I A-14 NORMAN ABRAMOWITZ MAYOR -- IMAYOR DIST. 1: DIST. 2: DIST. 3: DIST. 4: RECORD OF COMMISSION VOTE F;XHTRTT 2 �nK • SunBank/Mlsml, National Association Intemational Services 3737 N.W.87th Avenue Miami, Florida 33178 Tel: (305) 591-6250 Telex: TAT 1441493 SUNBKMIA Swift: SNBOUS3M ISSUING BANK: IRREVOCABLE STANDBY LETTER SUNBANK/MIAMI, N.A. OF CREDIT NUMBER 32083 LETTER OF CREDIT DEPT. 3737 N.W. 87TH AVENUE MIAMI, FL. 33178 DATE AND PLACE OF ISSUE: DATE AND PLACE OF EXPIRY: OCTOBER 5, 1993 MIAMI,FL. JULY 1, 1994 MIAMI,FL. APPLICANT: BENEFICIARY: LENNAR HOMES, INC. CITY OF TAMARAC 700 N.W. 107TH AVENUE 5811 N.W. 88TH AVENUE MIAMI, FLORIDA 33172 TAMARAC, FLORIDA 33321 ATTN: CITY CLERK PARTIAL DRAWING PERMITTED AMOUNT:USD23,517.50 UP TO AN AGGREGATE THEREOF ADVISING BANK: CREDIT AVAILABLE WITH: SUNBANK/MIAMI, N.A. DIRECT TO BENEFICIARY 3737 N.W. 87TH AVENUE MIAMI, FL. 33178 BY: PAYMENT -AGAINST DOCUMENTS DETAILED HEREIN AND YOUR DRAFTS AT SIGHT DRAWN ON SUNBANK/MIAMI, N.A. BY ORDER OF OUR CLIENT, LENNAR HOMES, INC., 700 N.W. 107TH AVENUE, MIAMI, FL. 33172, WE HEREBY OPEN OUR CLEAN IRREVOCABLE LETTER OF CREDIT NUMBER 32083 IN YOUR FAVOR FOR AN AMOUNT NOT TO EXCEED IN THE AGGREGATE U.S. DOLLARS TWENTY THREE THOUSAND FIVE HUNDRED SEVENTEEN AND 50/100 ($23,517.50), EFFECTIVE IMMEDIATELY AND EXPIRING AS STATED HEREIN AT OUR SUNBANK/MIAMI, N.A., 3737 N.W. 87TH AVENUE, MIAMI, FL. 33178, OFFICE. WITHOUT OBLIGATION ON OUR PART, WE ARE ADVISED THAT THIS IRREVOCABLE LETTER OF CREDIT IS TO ENSURE INSTALLATION OF PUBLIC IMPROVEMENTS INDICATED ON CERTIFIED COST ESTIMATE DATED MAY 28, 1993 AND ON PLANS PREPARED BY DANIEL CARNAHAN CONSULTING ENGINEERS AND APPROVED BY THE CITY ENGINEER, FOR SEWER COLLECTION INSTALLATION FOR WELDON PHASE ONE AND DEVELOPER'S OBLIGATION TO COMPLY WITH THE REQUIREMENTS OF 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 REPRESENTATIVE THAT: "THE UNDERSIGNED, AN AUTHORIZED REPRESENTATIVE OF THE CITY OF TAMARAC, HEREBY CERTIFIES THAT: M'IE EXHIBIT 2 -anK C� 0 SunBank/Mlaml, National Association International Services 3737 N.W. 87th Avenue Miami, Florida 33178 Tel: (305) 591.6250 Telex: TRT 1441493 SUNBKMIA Swift: SNBOUS3M CONTINUANCE OF IRREVOCABLE STANDBY LETTER OF CREDIT 32083 (A) THE DRAWING IS DUE TO LENNAR HOMES, INC. 'S FAILURE TO CONSTRUCT THE PUBLIC IMPROVEMENTS." OR (B) THAT THE DEVELOPER'S OBLIGATIONS HAVE NOT BEEN COMPLETED AND THE CITY OF TAMARAC HAS BEEN NOTIFIED THAT THE BOND WILL NOT BE EXTENDED."; OR (C) THAT A WARRANTY BOND THAT IS REQUIRED BY TAMARAC CITY CODE HAS NOT BEEN PROVIDED." THE ORIGINAL LETTER OF CREDIT MUST BE PRESENTED WITH ANY DRAWING HEREUNDER. THIS LETTER OF CREDIT SHALL BE AUTOMATICALLY RENEWED, WITHOUT AMENDMENT, FOR SUCCESSIVE PERIODS OF ONE (1) YEAR EACH, UNLESS WE PROVIDE WRITTEN NOTICE TO THE CITY CLERK VIA REGISTERED MAIL, OR SPECIAL COURIER, THAT WE ELECT NOT TO RENEW THE CREDIT FOR AN ADDITIONAL PERIOD, WHICH NOTICE MUST BE PROVIDED AT LEAST SIXTY (60) DAYS PRIOR TO THE EXPIRATION DATE OF THE ORIGINAL TERM HEREOF OR ANY RENEWED ONE (1) YEAR TERM, OR UNLESS THE CITY OF TAMARAC RETURNS THE ORIGINAL LETTER OF CREDIT TOGETHER WITH WRITTEN NOTIFICATION THAT IT MAY BE TERMINATED PRIOR TO THE THEN CURRENT EXPIRATION DATE. WE ENGAGE WITH YOU THAT EACH DRAFT DRAWN UNDER AND IN STRICT COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS LETTER OF CREDIT WILL BE DULY HONORED UPON PRESENTATION OF THE DOCUMENTS AS SPECIFIED IF PRESENTED AT OUR COUNTERS AT SUNBANK/MIAMI, N.A., 3737 N.W. 87TH AVENUE, MIAMI, FLORIDA 33178. ALL DRAFT(S) DRAWN UNDER THIS CREDIT MUST BE MARKED: "DRAWN UNDER SUNBANK/MIAMI, N.A., LETTER OF CREDIT NUMBER 32083." UNLESS EXPRESSLY STATED OTHERWISE, THIS LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE (1983 REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NUMBER 400. ..� EDWARD B. CLOAK AUTHORIZED SIGNATURE EXHIBIT 3 Z_;- 0 Sun anK SunBanWMiami, National Association International Services 3737 N.W.87th Avenue Miami, Florida 33178 Tel: (305) 591-6250 Telex: TAT 1441493 SUNBKMIA Swift: SN80US3M ISSUING BANK: IRREVOCABLE STANDBY LETTER SUNBANK/MIAMI, N.A. OF CREDIT NUMBER 32084 LETTER OF CREDIT DEPT. 3737 N.W. 87TH AVENUE MIAMI, FL. 33178 DATE AND PLACE OF ISSUE: DATE AND PLACE OF EXPIRY: OCTOBER 5, 1993 MIAMI,FL. JULY 1, 1994 MIAMI,FL. APPLICANT: BENEFICIARY: LENNAR HOMES, INC. CITY OF TAMARAC 700 N.W. 107TH AVENUE 5811 N.W. 88TH AVENUE MIAMI, FLORIDA 33172 TAMARAC, FLORIDA 33321 ATTN: CITY CLERK PARTIAL DRAWING PERMITTED AMOUNT:USD51,855.75 UP TO AN AGGREGATE THEREOF ADVISING BANK: CREDIT AVAILABLE WITH: SUNBANK/MIAMI, N.A. DIRECT TO BENEFICIARY 3737 N.W. 87TH AVENUE MIAMI, FL. 33178 BY: PAYMENT —AGAINST DOCUMENTS DETAILED HEREIN AND YOUR DRAFTS AT SIGHT DRAWN ON SUNBANK/MIAMI, N.A. BY ORDER OF OUR CLIENT, LENNAR HOMES, INC., 700 N.W. 107TH AVENUE, MIAMI, FL. 33172, WE HEREBY OPEN OUR CLEAN IRREVOCABLE LETTER OF CREDIT NUMBER 32084 IN YOUR FAVOR FOR AN AMOUNT NOT TO EXCEED IN THE AGGREGATE U.S. DOLLARS FIFTY ONE THOUSAND EIGHT HUNDRED FIFTY FIVE AND 75/100 ($51,855.75), EFFECTIVE IMMEDIATELY AND EXPIRING AS STATED HEREIN AT OUR SUNBA:iK/MIA:dI, N.A., 3737 N.W. 87TH AVENUE, MIAMI, FL. 33178, OFFICE. WITHOUT OBLIGATION ON OUR PART, WE ARE ADVISED THAT THIS IRREVOCABLE LETTER OF CREDIT IS TO ENSURE INSTALLATION OF PUBLIC IMPROVEMENTS INDICATED ON CERTIFIED COST ESTIMATE DATED MAY 28, 1993 AND ON PLANS PREPARED BY DANIEL CARNAHAN CONSULTING ENGINEERS AND APPROVED BY THE CITY ENGINEER, FOR WATER COLLECTION INSTALLATION FOR WELDON PHASE ONE AND DEVELOPER'S OBLIGATION TO COMPLY WITH THE REQUIREMENTS OF 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 REPRESENTATIVE THAT: "THE UNDERSIGNED, AN AUTHORIZED REPRESENTATIVE OF THE CITY OF TAMARAC, HEREBY CERTIFIES THAT: PYNTRTT q • r] Sun SunBanWMiami, r� National Association anK International Services 3737 N.W.87th Avenue Miami, Ficrida 33178 Tel: (305) 591-6250 Telex: TRT 1441493 SUNBKMIA Swig: SNBOUS3M CONTINUANCE OF IRREVOCABLE STANDBY LETTER OF CREDIT 32084 (A) THE DRAWING IS DUE TO LENNAR HOMES, INC.'S FAILURE TO CONSTRUCT THE PUBLIC IMPROVEMENTS." OR (B) THAT THE DEVELOPER'S OBLIGATIONS HAVE NOT BEEN COMPLETED AND THE CITY OF TAMARAC HAS BEEN NOTIFIED THAT THE BOND WILL NOT BE EXTENDED."; OR (C) THAT A WARRANTY BOND THAT IS REQUIRED BY TAMARAC CITY CODE HAS NOT BEEN PROVIDED." THE ORIGINAL LETTER OF CREDIT MUST BE PRESENTED WITH ANY DRAWING HEREUNDER. THIS LETTER OF CREDIT SHALL BE AUTOMATICALLY RENEWED, WITHOUT AMENDMENT, FOR SUCCESSIVE PERIODS OF ONE (1) YEAR EACH, UNLESS WE PROVIDE WRITTEN NOTICE TO THE CITY CLERK VIA REGISTERED MAIL, OR SPECIAL COURIER, THAT WE ELECT NOT TO RENEW THE CREDIT FOR AN ADDITIONAL PERIOD, WHICH NOTICE MUST BE PROVIDED AT LEAST SIXTY (60) DAYS PRIOR TO THE EXPIRATION DATE OF THE ORIGINAL TERM HEREOF OR ANY RENEWED ONE (1) YEAR TERM, OR UNLESS THE CITY OF TAMARAC RETURNS THE ORIGINAL LETTER OF CREDIT TOGETHER WITH WRITTEN NOTIFICATION THAT IT MAY BE TERMINATED PRIOR TO THE THEN CURRENT EXPIRATION DATE. WE ENGAGE WITH YOU THAT EACH DRAFT DRAWN UNDER AND IN STRICT COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS LETTER OF CREDIT WILL BE DULY HONORED UPON PRESENTATION OF THE DOCUMENTS AS SPECIFIED IF PRESENTED AT OUR COUNTERS AT SUNBANK/MIAMI, N.A., 3737 N.W. 87TH AVENUE, MIAMI, FLORIDA 33178. ALL DRAFT(S) DRAWN UNDER THIS CREDIT MUST BE MARKED: "DRAWN UNDER SUNBANK/MIAMI, N.A., LETTER OF CREDIT NUMBER 32084." UNLESS EXPRESSLY STATED OTHERWISE, THIS LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE (1983 REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NUMBER 400. I `- - - EDWARD B. CLOAK AUTHORIZED SIGNATURE EXHIBIT 1 7- 10 14D I * 80 PL WESTWOOD 5A KINGS PT. COMMER, PK. �- HUNTINGTON 80 CT (zi, c� v TR23 80 Sr 1pAl •(r ROCKFORD TR28 TR29 YORKSHIRE 4. ci TR30 z 0 > WELDON G G EN Ire Re R AMARAC ;PORTS COMPLEX 5 o TR27 -7 S' 76 C7, EVANGELICAL COVENANT 76 Sr CHURCH Lo m WEST LAKE VILLAS TR33 KINGS PT. j > 22 PROF. PLAZA co KINGS POINT 75 CT WESTWOOD PINES SALES CENTER & CLUB HOUSE PRNNS LAKE TR37 X. 74 CT > WESTWO 31 mw/ �///// NORTH AsHMONT CIR 95 W. BELFORT 7 jjj ASHMONT 3 CT > BELF13R CIRSCIUTH ST HIDDEN TR42 = SECTION 21 jj TR40 HOLLOW 72 CT > HILL/ WESTWOODNOB PLAT -, TR41 POINT PLAZA WE WOO 72 ST '7 71 Sr -71 ST 71 ST 70 PL SECTION 22 > SECTION 21 70 7 03 70 WESTWOOD > 4 — > 7 Lo > WE� TWO OD 3 In In m m ch o —7 ST v 0 70 ST 70 ST 0 ST MCNAB ROAD PHASE I WELDON PHA132 1 WLDROPDI,DWG RELEABE OF PERFORMANCE BOND