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HomeMy WebLinkAboutCity of Tamarac Resolution R-95-014Temp. Reso. #6957 Revised 2/6/95 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-95- I4 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 #SM- 34317-093 IN THE AMOUNT OF $18,260.77, POSTED FOR PUBLIC IMPROVEMENTS AT TRENT, PHASE I; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE__ WHEREAS, Lennar Homes, Inc., as Principal, with Nations Bank, as Surety, has filed with the City Letter of Credit #SM-34317-093 in the amount of $18,260.77 to warranty public improvements at Trent Phase I; and WHEREAS, it is the recommendation of the Public Works Director that the Warranty Bond be released. 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 this Warranty Bond, Standby Letter of Credit #SM-34317-093 in the amount of $18,260.77, posted for Public Improvements. The facilities have been inspected and found acceptable by the Public Works/Engineering Division. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the Letter of Credit #SM-34317-093 posted by Lennar Homes, Inc., as Principal, with Nations Bank, as Surety, in the amount of $18,260.77 for public improvements at Trent Phase I is HEREBY RELEASED. 1 I-] Temp. Reso. # 6957 Revised 2/6/95 SECTION 2: That the appropriate City Officials are hereby authorized to execute the release of a Warranty Bond, Standby Letter of Credit #SM-34317-093 in the amount of $18,260.77 posted for public improvements. SECTION 3. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: 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 portion or applications of this Resolution. SECTION 5: This resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this 5' day of.�1995. ATTEST: 21;; L-- L � ' CAROL A. EVANS, CMC CITY CLERK I HEREBY CERTIFY that I have a ro ed this Resolution Os ITCHELL S. CITY ATTO ORMAN ABRAMOWITZ MAYOR RECORD Or- COMM MAYOR ABRAMOWrrZ DIST. 1: V / M KATZ od DIST. 2: COMM. MISHKIN DIST. 3: COMM. SCHREIBER DIST. 4: COMM. MACHEK GES:mf -2- ION VOTE C Naw-ions LJ I'] 0 80 S.W. 8th Street, 23rd Floor, Miami, Florida 33130 P.O. Box 019624, Miami, Florida 33101-9624 U.S.A. Telephone: (305) 358-0327 Telex: Graphnet 3728042 NationsBKINTL MIA S.W.I.ET.: NABKUS3B APPLICANT: LENNAR HOMES, INC. 700 N. W. 107TH AVE. MIAMI, FL 33172 BENEFICIARY: CITY OF TAMARAC 7525 N. W. 88TH AVE. TAMARAC, FL 33321 CURRENCY AMOUNT: USD 18, 260. 77 PAGE ONE OF TWO ISSUE DATE: 28JAN93 L/C NUMBER: SM-34317-093 EXPIRY DATE: / PLACE 28JAN94 OUR COUNTERS BY ORDER OF OUR CLIENT, LENNAR HOMES, INC., 700 N. W. 107TH AVENUE, MIAMI, FLORIDA 33172, WE HEREBY OPEN OUR CLEAN IRREVOCABLE LETTER OF CREDIT NO. SM-34317-093 IN YOUR FAVOR FOR AN AMOUNT NOT TO EXCEED IN THE AGGREGATE U.S. $18,260.77 EIGHTEEN THOUSAND TWO HUNDRED SIXTY AND 77/100 U.S. DOLLARS, EFFECTIVE IMMEDIATELY AND EXPIRING AT NATIONSBANK OF FLORIDA, N. A. , 80 S. W. 8TH ST. , 23RD FLOOR, MIAMI, FL 33130, WITH OUR CLOSE OF BUSINESS ON 28JAN94. WE ARE ADVISED THAT THIS IRREVOCABLE LETTER OF CREDIT IS TO ENSURE THE CORRECTION OF ALL INSUFFICIENCIES IN DESIGN, WORKMANSHIP AND/OR MATERIALS WHICH ARE FOUND WITHIN ONE (1) YEAR OF THE DATE OF THE FORMAL ACCEPTANCE OF THE SUB -DIVISION IMPROVEMENTS OF THE CITY OF TAMARAC FOR THE INSTALLATION OF PUBLIC IMPROVEMENTS INDICATED ON CERTIFIED COST ESTIMATE DATED AUGUST 2, 1991 AND ON PLANS PREPARED BY DANIEL CARNAHAN, CONSULTING ENGINEERS, AND APPROVED BY THE CITY ENGINEER FOR WATER AND SEWER FACILITIES INSTALLATION FOR TRENT PHANSE I, KINGS POINT 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 BENEFICIARY'S SIGNED STATEMENT PURPORTEDLY SIGNED BY THE CITY OF TAMARAC REPRESENTATIVE CERTIFYING THAT: "A. THE DRAWING IS DUE TO LENNAR HOMES, INC.'S FAILURE TO CORRECT ALL INSUFFICIENCIES IN DESIGN, WORKMANSHIP AND/OR MATERIALS WHICH ARE FOUND WITHIN ONE (1) YEAR OF THE DATE OF THE FORMAL ACCEPTANCE OF THE PUBLIC IMPROVEMENTS BY THE CITY COUNCIL OF THE CITY OF TAMARAC. B. THAT THE DEVELOPER'S OBLIGATIONS HAVE NOT BEEN COMPLETED OR C. THAT THE CITY OF TAMARAC HAS BEEN NOTIFIED THAT THE BOND WILL NOT BE EXTENDED." .r' 0 0 0 80 S.W. Sth Street, 23rd Floor, Miami, Florida 33130 P.O. Box 019624, Miami. Florida 33101-9624 U.S.A. Telephone: (305) 358-0327 Telex; Graphnet 3728042 NationsBKINTL MIA S.WI.F.T.: NABKUS313 PAGE TWO OF TWO L/C SM-34317-093 THIS LETTER OF CREDIT SHALL BE AUTOMATICALLY RENEWED, WITHOUT AMENDMENT, FOR SUCCESSIVE PERIODS ONE ONE (1) YEAR .EACH, 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 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 NOTIFICATION THAT IT MAY BE TERMINATED. 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 80 S.W. 8TH ST., 23RD FLOOR, MIAMI, FL 33120. EXCEPT AS FAR AS OTHERWISE EXPRESSLY STATED HEREIN, THIS LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1983 REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 400. THE ORIGINAL LETTER OF CREDIT MUST ACCOMPANY ANY DRAWINGS. THIS IS IRREVOCABLE LETTER OF CREDIT NO. SM-34317-093 ISSUED ON 28JAN93 BY NATIQNSBANK OF FLORIDA, N. A. MICHELE�BROUSSARD, VICE-PRESIDENT