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Home My WebLink AboutCity of Tamarac Resolution R-95-016Temp. Reso. #6962 Revised 1126/95 Revised 1/27/95 Revised 2/06/95 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-95-� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO RELEASE A WARRANTY BOND, SUN BANK STANDBY LETTER OF CREDIT #32023 IN THE AMOUNT OF $7,871.83, POSTED FOR WATER DISTRIBUTION SYSTEM AT GRANVILLE PHASE 1 (REVISED SITE PLAN); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Lennar Homes, Inc., as Principal, with Sun Bank, as Surety, has filed with the City Letter of Credit #32023 in the amount of $7,871.83 to warranty Water Distribution System at Granville Phase I (Revised Site Plan); and 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, Sun Bank Standby Letter of Credit #32023 in the amount of $7,871.83, posted for Water Distribution System. WHEREAS, the facilities have been inspected and found acceptable by the Public Works/Engineering Division. WHEREAS, it is the recommendation of the Public Works Director that the Warranty Bond be released. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the Letter of Credit #32023 posted by Lennar Homes, Inc., as Principal, with Sun Bank, as Surety, in the amount of $7,871.83 for Water Distribution System at Granville Phase I (Revised Site Plan) is HEREBY RELEASED. -1- Temp. Reso. # 6962 Revised 1/26/95 Revised 1/27/95 Revised 2/06/95 SECTION 2: That the appropriate City Officials are hereby authorized to execute the release of a Warranty Bond, Sun Bank Standby Letter of Credit #32023 in the amount of $7,871.83 posted for Water Distribution System. Attached hereto as "Exhibit A." SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SEOTI.ON 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 day of `� 1995. 11NORMAN ABRAMOWITZ MAYOR ATTEST: CAROL A. EVANS, CMC v CITY CLERK ' I HEREBY CERTIFY that I have appro a this Resolution as to for RECORD OF COMMISSION VOTE MAYOR ABRAMOW17Z DIST. 1: V / M KATZ M ELL . K OT DIST. 2: COMM. MISHKIN CITY ATTORNEY DIST. 3: COMM. SCHREIBER GES:mf DIST. 4: COMM. MACHEK -2- 1 / / Sun SunBank/Miami, National Association anK International Services 3737 N.W. 87th Avenue Miami. Florida 33178 Tel: (305) 591.6250 Telex: TRT 1441493 SUNSKMIA Swift: SNBOUS3M C� Y C+C I T'r rre4 n'A MtP [BANK/MIAMI, ..,N A.I 'TER;', OF CREDIT DE DATE AND PLACE OF ISSUE: OCTOBER 1, 1993 MIAMI,FL. APPLICANT: LENNAR HOMES, INC. 700 N.W. 107TH AVENUE MIAMT, FLORIDA 33172 PARTIAL DRAWING PERMITTED ADVISING BANK: NONE 5xN/18/T (/` (, F%-,-!:'—,co 0 IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER 32023 DATE AND PLACE OF EXPIRY: OCTOBER 1, 1994 MIAMI,FL. BENEFICIARY: CITY OF TAMARAC 7525 N.W. 88TH AVENUE TAMARAC, FLORIDA 33321 AMOUNT:USD7,871.83*** UP TO AN AGGREGATE THEREOF CREDIT AVAILABLE WITH: SUNBANK/MIAMI, N.A. 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. ui vawL" Ur Uv1t l.Lli.LV1', -uZLINAA 1'3uVlL5, JL VC:. , /UU N.W. lU7TH AVENUE, MIAMI, FL. 33172, WE HEREBY OPEN OUR CLEAN IRREVOCABLE LETTER OF CREDIT NUMBER 32023 IN YOUR FAVOR FOR AN AMOUNT NOT TO EXCEED IN THE AGGREGATE U.S.$7,871.83 (USDOLLARS SEVEN THOUSAND EIGHT HUNDRED SEVENTY ONE AND 83/100), 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 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 DATE SEPTEMBER 3, 1993 AND APPROVED BY THE CITY ENGINEER FOR WATER DISTRIBUTION INSTALLATION FOR GRANVILLE (PHASE 1) 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: Ban 9 • SunBank/Miami, 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 32023 (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," OR (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." THE ORIGINAL LETTER OF CREDIT MUST ACCOMPANY ANY DRAWING(S). 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 32023. 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. AUTHORIZED SIGNATURE 1C RECEIVED BY ;ITY OF TAMARAC Lam:h:n Proctor and Associates, ln;. CERTIFIED ACTUAL `S F`acze 1 of 9 SEP - 3 199i PROJECT NAME: GRANVILLE (PHASE 1) REV. SITE PLAN #87110A WDEVELOPER:b191 W. ATLANTIC 0a D�IEIOPF}�:MkgHpMF. 972;3959 TOTAL COST FEE AL40UNT Private Public % FEE Private puy Site Preparation Pavinq and Drainage _.... SewageCollection Water Distribution Sidewalks, Gurb & Gutter 31 487.3C Street, Median cuts (* See below) Landsca inq As halt resurfacin Glearina and Grubbinq TOTALS: a) 31 487.30 TOTAL public iimpruvemems from the estimated cost b) 21, 284.00 7.15 8.25 8.25 7.15 2, 251.34 8.25 Each* .. . 7.15 2.00 7.15 2,251.34 TOTAL_ Fee_ 2 251.34 LESS fees .prev iy paid: 1,522.16 BALANCE tot w% t p CERTIFICATE- 1 hereby certify that this cost is true and correct to the best of my knowledge and belief and represents the total site development costs r the roject. - r�. Date pit�THI 33256 Red: No. .]AMPS A .FLE 729.18 Public lmprovemern Warranty Bond from the greater of a) or b)-above: Cost 31, 487.30 X 250/b 7,871.83 Approved by the City Eng&wef= L � --f 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 Median cut w/o stack kane, w/curb cut, $200.00 x no of median cuts �Wedian cut w/o stack Pane' or curb cut, $50.00 x no of median cuts Jack and Bore, 75% of above (Reno. 83-130) AAIAK 1160 LiC/1<.11ES 0307' M �I`k l b t Tl 11 A 11 4 7j --/ �0 • 1AND DEVELOPMENT REGULATIONS 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. 13 673 10.156 (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 the 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. ryo /'(' � P § 10.156 TAMARAC CODE (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 (5) 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. (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. 13 674 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. The twenty -five -percent warranty bond shall stand against all insufficiencies, in- cluding 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 17'- yl'� 0 #7 L. CANAL rPortSS CIIFLK W-W TR 6 /TR 12 TR 13 14 ct 1 1 TR 14C TR 158 BSI iV 1 I r 4A FAIRFAX DEVON TR i5A UELFORT CLAIRMON T—t If, 42"'"-1ASHMCINT III I B A� 4-371 .0 k w E 8 TO TR 11 N. w 70 M wTO St TAMARAC 4t %. A4 14 C�AAANV/1.L J!� ly Ir IAJ I. H DDE —HARB,