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HomeMy WebLinkAboutCity of Tamarac Resolution R-95-080Temp. Reso. #7038 Revised 4/14/95 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-95- Sa 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 #519716 IN THE AMOUNT OF $16,921.75, POSTED FOR SANITARY SEWER FACILITIES AT MALVERN, LOCATED IN THE 9700 BLOCK OF WESTWOOD DRIVE, EAST OF NOB HILL, ROAD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING .AN EFFECTIVE DATE. WHEREAS, Lennar Homes, Inc., as Principal, with Comerica, as Surety, has filed with the City Letter of Credit #519716 in the amount of $16,921.75 to guarantee sanitary sewer facilities at Malvern, 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 Utilites/Engineering Division. WHEREAS, it is the recommendation of the Public Works Director and the City Engineer that the Warranty Bond, Letter of Credit #519716 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 #519716 in the amount of $16,921.75, posted for Water Distribution facilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the Letter of Credit #519716 posted by Lennar Homes, Inc., as Principal, with Comerica, as Surety, in the amount of $16,921.75 for water distribution facilities at Malvern is HEREBY RELEASED. se 1 �l Temp. Reso. # 7038 Revised 4/14/95 SECTION 2: That the appropriate City Officials are hereby authorized to release the Warranty Bond, Standby Letter of Credit #519716 in the amount of $16,921.75 posted for water distribution facilities. A copy of the Warranty Bond is attached as "Exhibit 1." ECTION I All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict.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 Zday of, 1995. ATTEST: CAROL A. EVANS, CMC CITY CLERK I HEREBY CERTIFY that I have MITCHELL S. CITY ATTO GES:mf EY 60.a MAYOR DIST. 1: DIST. 2: DIST. 3: DIST. 4: *- . • ►� A • RECORD OF COMMI SION VOTE ABRAMOWITZ V / M KATZ COMM. MISHKIN A&le f— COMM. SCHREIBER -- . ---- COMM. MACHEK ,4i./r TELEX: 164366 MNB INTL DET DETROIT CENTER 170363 MNB INTL DET 500 WOODWARD AVENUE SWIFT: MNBD US 33 MC 3341 Letter of Credit Division FAX: (313) 222-9115 DETROIT, MI 48226 "EXHIBIT 1" 0 IRREVOCABLE STANDBY LETTER OF CREDIT DATE: JUNE 7, 1993 NO.: 519716 AMOUNT: $16,921.75 BENEFICIARY: CITY OF TAMARAC 7525 N.W. 88TH AVE. TAMARAC, FLORIDA 33321 GENTLEMEN: WE HEREBY OPEN OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO. 519716 IN YOUR FAVOR, FOR ACCOUNT OF LENNAR HOMES, INC., 700 N.W. 107TH AVE., MIAMI, FL 33172 FOR A SUM NOT EXCEEDING SIXTEEN THOUSAND NINE HUNDRED TWENTY ONE AND 75/100 U.S. DOLLARS AVAILABLE BY YOUR DRAFT AT SIGHT ON COMERICA BANK, WHEN ACCOMPANIED BY: * A STATEMENT SIGNED BY THE CITY OF TAMARAC OR ITS AUTHORIZED REPRESENTATIVE AS FOLLOWS: "WE CERTIFY THAT LENNAR HOMES, INC. HAS FAILED 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 SUB -DIVISION IMPROVEMENTS OF THE CITY OF TAMARAC FOR THE INSTALLATION OF PUBLIC IMPROVEMENTS INDICATED ON CERTIFIED COST ESTIMATE DATED APRIL 16, 1993 AND APPROVED BY THE CITY ENGINEER FOR THE SEWER COLLECTION INSTALLATION FOR MALVERN (PROJECT #881205-F) AND DEVELOPER'S OBLIGATION TO COMPLY WITH THE REQUIREMENTS OF TAMARAC CITY CODE SECTION 10-156." IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE DEEMED AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR:'ONE YEAR.PERIODS FROM THE EXPIRATION DATE HEREOF, OR ANY FUTURE EXPIRATION DATE, UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO ANY EXPIRATION DATE WE SHALL NOTIFY YOU BY REGISTERED MAIL THAT WE ELECT NOT TO CONSIDER THIS LETTER OF CREDIT RENEWED FOR ANY SUCH ADDITIONAL PERIOD. UPON RECEIPT BY YOU OF SUCH NOTICE, YOU MAY DRAW HEREUNDER BY PRESENTING YOUR SIGHT DRAFT DRAWN ON US WHEN ACCOMPANIED BY THE SIGNED STATEMENT AS INDICATED ABOVE OR A STATEMENT SIGNED BY THE CITY OF TAMARAC OR ITS AUTHORIZED REPRESENTATIVE AS FOLLOWS: "WE CERTIFY THAT WE HAVE BEEN NOTIFIED IN WRITING BY COMERICA BANK. OF THEIR ELECTION NOT TO RENEW THEIR LETTER OF CREDIT NO. 519716 AND THAT A WARRANTY BOND REQUIRED BY THE TAMARAC CITY CODE HAS NOT BEEN PROVIDED". ALL DRAFTS DRAWN UNDER THIS CREDIT MUST BE MARKED "DRAWN UNDER COMERICA BANK'S LETTER OF CREDIT NO. 519716." THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1983 REVISION), INTERNATIONAL CHAMBER OF COMMERCE, PUBLICATION NO, 400_ THIS ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS THERETO MUST BE SUBMITTED TO US TOGETHER WITH ANY DRAWINGS HEREUNDER FOR OUR ENDORSEMENT OF ANY PAYMENTS EFFECTED BY US AND/OR FOR CANCELLATION. 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 AT THIS OFFICE ON OR BEFORE JUNE 22, 1994 OR ANY AUTOMATICALLY EXTENDED DATE. YOURS VERY TRULY, �iORIZEb SIGNATURE