HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-0101
December 16, 1999 - Temp. Reso. # 8871
Page 1 of 3
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2000- / 0
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO RELEASE WARRANTY
BOND (LETTER OF CREDIT #S980392) IN THE AMOUNT OF
$12,865.25 POSTED FOR THE PAVING AND DRAINAGE
LOCATED AT THE SOUTHEAST CORNER OF NOB HILL
ROAD AND NW 77T" STREET; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Lennar, Inc. with Suntrust as Surety, has filed with the City a warranty
bond (Letter of Credit # S980392) in the amount of $12,865.25 to guarantee construction
of the paving and drainage located at the Southeast corner of Nob Hill Road and NW 77'
Street; and
WHEREAS, the paving and drainage has been inspected and found acceptable by
the Public Works Engineering Division; and
WHEREAS, pursuant to City Code Section 10-156, this warranty bond has remained
in place for the required one (1) year period; and
WHEREAS, it is the recommendation of the Public Works Director and the DRC
Engineer that the warranty bond be released; 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 (Letter of Credit # S980392) in the amount of $12,865.25, posted for the paving and
drainage located at the Southeast corner of Nob Hill Road and NW 771h Street.
Wengineering\Resolutions\8871 RES-Commercial Plaza P&D,doc
December 16, 1999 -Temp. Reso. # 8871
Page 2 of 3
1
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA THAT:
Sp,ction 1: 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: The appropriate City Officials are hereby authorized to release the
warranty bond (Letter of Credit # S980392) in the amount of $12,865.25 posted for the
paving and drainage located at the Southeast corner of Nob Hill Road and NW 7711
Street. (a copy of the Letter of Credit is attached hereto as "Exhibit 1 ").
Section : That 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hereby repealed to the extent of such conflict.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 portions or applications of this
Resolution.
ecti n . This Resolution shall become effective immediately upon its passage
and adoption.
U:\engineering\Resolutions\8871 RES-commercial Plaza P&D.doc
December 16, 1999 -Temp. Reso. # 8871
Page 3 of 3
1
1
PASSED, ADOPTED AND APPROVED this Vk � ,day o 2000.
JOE SCHREIBER
MAYOR
ATTEST:
CAROL GOL MC/AAE
CITY CLERK
I HEREBY CERTIFY that I have RECORD OF COMMISSION xA
aproved this RESOLUTION as YQR SCHREIBER / 7u
YTCHELL S`MA
CITY ATTORNEY
DIST 1;
COW PARTNER
DIST 2:
V/M MISHKIN
DIST 3:
COMM, SURTANOF
DIST 4:
C0 R06ERTS
U:\engineering\Resolutions\8871RES-CommerciaI Plaza P&D.doc
1p-v--.f Lt-So _-4-5871
SUN'MUST
SUNTRUST MIAMI, N.A.
IRREVOCABLE STANDBY LETTER OF CREDIT NO. S900392
.TUNE 25. 1998
BENEFICIARY:
CITY OF TAMARAC
7525 N.W. 08TH AVE.
TAMARAC, FL. 33321
APPL I CANT .
LENNAR HOMES, INC.
700 NW 107TH AVENUE
MIAMI, FL 33172
AMOUNT: USD12,865.25
DATE OF EXPIRY : JUNE 25, 1990
PLACE OF EXPIRY: AT OUR COUNTERS
BY ORDER OF OUR CLIENT, LBNNAR HOMES INC., 700 N.W. 107TH
AVENUE, MIAMI, FL 33172, WE HEREBY OPEN OUR IRREVOCABLE LETTER
Ulm
OF CREDIT NUMBER S980392 IN YOUR FAVOR FOR AN AMOUNT NOT TO
EXCEED IN THE AGGREGATE U.S. DOLLARS USE112 865.25 (TWELVE
.1 ,
THOUSAND EIGHT HUNDRED SIXTY FIVE AND 00 100 S) EFFECTIVE
•z
IMMEDIATELY AND EXPIRING AS STATED HEREIN AT OUR SUNTRUST,MIAMI,
r=-4
N.A., 3737 NW 87TH AVENUE, MIAMI, FL. 33178 OFFICE.
M a
4:
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 (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 APRIL 2, 1996 AND APPROVED BY THE CITY ENGINEER
FOR PUBLIC IMPROVEMENTS FOR KINGS POINT RETAIL PLAZA AND
DEVELOPER'S OBLIGATION TO COMPLY WITH THE REQUIREMENT OF
= n
TAMARAC CITY CODE SECTION 10-156.
Vt
A.
THE CITY IS AUTHORIZED TO DRAW DRAFTS AT SIGHT ACCOMPANIED BY A
SIQNED STATEMENT FROM THE CITY OF TAMARAC OR ITS' 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. IS FAILURE TO
CORRECT ALL INSUFFICIENCIES IN DESIGN, WORKMANSHIP AND/OR
C7
MATERIALS WHICH ARE FOUND WITHIN ONE (1) YEAR OF THE BATS OF THE
FORMAL ACCEPTANCE OF THE PUBLIC IMPROVEMENTS BY THE CITY
COMMISSION OF THE CITY OF TAMARAC, OR
(B) THAT THE DEVELOPER'S OBLIGATIONS HAVE NOT BEEN COMPLETED, OR
THE CITY OF TAMARAC HAS BEEN NOTIFIED THAT THE BOND WILL NOT BE
EXTENDED, OR
(C) THAT THE CITY OF TAMARAC HAS BEEN NOTIFIBD THAT THE BOND
WILL NOT BE EXTENDED."
THE ORIGINAL LETTER OF CREDIT MUST BE PRESENTED WITH ANY DRAWING
HEREUNDER.
CONTINUED ON NEXT PAGE
All correspondence and communicallon sho
uld 6e directed to our agent Suntrusl inlemallonal 5enrlCas, Inc., 3737 N.W. 871h
Avenue, 1 sl floor, Mlaml. Florida 33178 Swift: SNTRUS3M Telex: 542210
5T /6 30Cd 8ZTV zL6 V%: Xb3 SSOd0 dOlOOdd WHdMOMI 00: VT 66. 61/80 088' ON 31I3
SUNTRUST
IRR"OCAHL5 LETTER OF CREDIT NO. 59B0392 2
THIS LETTER OF CREDIT SHALL HB 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 PRIR 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 THEM CURRENT EXPIRATION DATE.
WE ENGAGE WITH YOU THAT EACH DRAFT DRAWN UNDER AND IN STRICT I re
COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS LETTER OF v;'♦
CREDIT WILL HE DULY HONORED IF PRESENTED AT THIS OFFICE ON OR M :*
BEFORE THE EXPIRATION DATE OF THIS LETTER OF CREDIT OR ANY A P!!
EXTENDED DATE AS PROVIDED FOR HEREIN. r TA
r; -4
ALL DRAFT(S) DRAWN UNDER THIS CREDIT MUST BE MARKED: "DRAWN �
T
UNDER SUNTRUST,MIAMI,N.A., LETTER OF CREDIT NUMBER 5980392."'�
UNLESS EXPRESSLY STATED OTHERWISE, THIS LETTER OF CREDIT IS
SUBJECT TO THB UNIFORM CUSTOMS AND PRACTICE (1993 REVISION)
INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NUMBER S00, OR ANY
REVISION SUPERC NO PUBLICATION NUMBER 100,
Vf
AUTH RIZI SIGNATURE
SUNTRUST INT'L SERVICES INC.
AS AGENTS FOR
SUNTRUST 9ANK, MIAMI, N.A.
303 C7
V
All correspondence and communication should be directed to our agent Suntrusl Inlernallpnel Services. Inc., 3737 N.W. 571h
Avenue. I$$ Floor, Miami. Florida 33118 Swill; SNTRUS3M Telex: 542210
5T /0T MOd 8LTb aZ6 V96: Xdd SSM10 WiXad WHONMO: QI 00: VT 66. ETi80 088' ON TH
December 17, 1999 -Temp. Reso. # 8872
Page 1 of 3
L
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2000-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO RELEASE WARRANTY
BOND (LETTER OF CREDIT #S980670) IN THE AMOUNT OF
$10,108.67 POSTED FOR SIDEWALK AND CURBING
LOCATED ON THE NORTHEAST CORNER OF NW 96T"
AVENUE AND NW 77T" STREET; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Lennar, Inc. with Suntrust as Surety, has filed with the City a warranty
bond (Letter of Credit # S980670) in the amount of $10,108.67 to guarantee construction
of sidewalks and curbing located on the Northeast corner of NW 961h Avenue and NW 771h
Street; and
WHEREAS, the sidewalks and curbing has been inspected and found, acceptable
by the Public Works Engineering Division; and
WHEREAS, pursuant to City Code Section 10-156, this warranty bond has remained
in place for the required one (1) year period; and
WHEREAS, it is the recommendation of the Public Works Director and the DRC
Engineer that the warranty bond be released; 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 (Letter of Credit # S980670) in the amount of $10,108.67, posted for the sidewalks
and curbing located on the Northeast corner of NW 961h Avenue and NW 77th Street.
U:\engineering\Resolutions\8872RES-Weldon Offsite.doc
December 17, 1999 -Temp. Reso. # 8872
Page 2 of 3
1
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA THAT:
Sectior1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed
as being true and correct and are hereby made a specific part of this resolution.
SeQtion 2: The appropriate City Officials are hereby authorized to release the
warranty bond (Letter of Credit # S980670) in the amount of $10,108.67 posted for
sidewalks and curbing located on the Northeast corner of NW 96th Avenue and NW 771h
Street.(a copy of the Letter of Credit is attached hereto as "Exhibit 1 ")
Section 3: That 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 portions or applications of this
Resolution.
Section : This Resolution shall become effective immediately upon its passage
and adoption.
U:\engineering\Resolutions\8872RES-Weldon Offsite.doc
December 17, 1999 -Temp. Reso. # 8872
Page 3 of 3
1
1
M
PASSED, ADOPTED AND APPROVED thisday o2000.
JOE SCHREIBER
MAYOR
ATTEST:
CAROL G LD CMC/AAE
CITY CL K
I HEREBY CERTIFY that I have
appkoved this RESOLUTPN as
1ITCHELL S. KRA(
CITY ATTORNEY
RECORD OF COMMISSION
MAYOR SCHREIBER
DIST 1: rirr..a
COMM., PORTNffl
DIST 2:
V/M MISHKIN
DIST 3:
COMM. SULTANOF
DIST 4: COM
U:\engineering\Resolutions\8872RES-Weldon Offsite.doc
tra, L_�+ 1
SuNTRuST
SUNTRUST BANK, MIAMI, N.A.
IRREVOCABLE STANDBY LETTER OF CREDIT NO. S980670
OCTOBER 28, 1998
BENEFICIARY:
CITY OF TAMARAC
7525 N.W. 88TH AVE,
MIAMI, FLORIDA 33321
ATTN: CITY CLERK
AMOUNT: USD 10,109.67
DATE OF EXPIRY : OCTOBER 28, 1999
PLACE OF EXPIRY: AT OUR COUNTERS
APPLICANT:
LENNAR HOMES, INC.
700 NW 107TH AVENUE
MIAMI, FL 33172
WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF CREDIT
NUMBER S980670 IN YOUR FAVOR FOR THE ACCOUNT OF LENNAR HOMES,
INC. WHICH IS AVAILABLE WITH SUNTRUST BANK, MIAMI N.A. 3737 NW
87 AVE., MIAMI, FL_ 33178 ATTN: LETTERS OF CREDIT DEPARTMENT BY
PAYMENT AGAINST DOCUMENTS DETAILED HEREIN AND YOUR DRAFT(S) AT
SIGHT DRAWN ON SUNTRUST BANK, MIAMI, N.A. UP TO AN AGGREGATE
AMOUNT OF USD 10,108.67 (TEN THOUSAND ONE HUNDRED EIGHT AND
67/100 U.S. DOLLARS).
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 (1) YEAR OF THE DATE OIL 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 OCTOBER 7, 1998 AND APPROVED BY THE CITY
ENGINEER FOR OFFSITE SIDEWALK AND CURBING FOR N.W. 96TH AVE. AND
NW 77TH STREET DEVELOPER'S OBLIGATION TO COMPLY WITH THE
REQUIREMENTS OF TAMARAC CITY CODE SECTION 1-156.
THE CITY IS ALTi'HORIZED 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
FORMAL ACCEPTANCE OF THE PUBLIC IMPROVEMENTS BY THE CITY COUNCIL
OF THE CITY OF TAMARAC, OR (B) THAT THE DEVELOPER'S OBLIGATIONS
HAVE NOT BERN COMPLETED, OR THE CITY OF 'TAMARAC HAS BEEN
NOTIFIED THAT BOND WILL NOT 8E EXTENDED, OR (C) THAT THE CITY OF
TAMARAC HAS BEEN NOTIFIED THAT THE BOND WILL NOT BE EXTENDED".
CONTINUED ON NEXT PACE
• All correspondence and communication shquld be dlrecled to our agent &unTrust Inlamallanal Sorvicas, Inc„ 3737 N.W, 971h
Avenue, Isl Floor, Miami, Florida 33178 Swlfl: SNTRU3M Telec 542210
4
.r
�T 1VT 360d 8LT b aG6 G56: Kd3 SSOdO aMOdd WHONN03: Q I TO: VT 66, ETi80 088' ON 3"1I3
SuNTRuST
IRREVOCABLE LETTER O7" CREDIT NO. S980670 2
THIS LETTER of CREDIT SETS FORTH IN FULL THE 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.
DRAFT(S) UNDER THIS LETTER MUST BE MARKED "DRAWN UNDER LETTER Of:
CREDIT NUMBER S980670.11
THIS LETTER 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 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 EXPIRATION DATE OF THE ORIGINAL TERM HEREOF
TAMARAC RETURNS THE ORIGINAL LETTER OF CREDIT TOGETHER WITH
•
WRITTEN NOTIFICATION THAT IT MAY BE TERMINATED PRIOR TO THE
THEN CURRENT EXPIRATION DATE,
-
W8 ENGAGE WITH YOU THAT YOUR DRAFTS DRAWN UNDER AND IN STRICT
COMPLIANCE WITH THE TERMS OF THIS CREDIT WILL BE DULY HONORED IF
(;r
PRESENTED TO US ON OR BEFORE THE EXPIRATION DATE OF THIS CREDIT
OR ANY EXTENDED DATE AS PROVIDED HEREIN,
I�
EXCEPT SO FAR AS OTHERWISE STATED, THIS CREDIT IS SUBJECT TO THE
"UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS" (1993
REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION 500, OR
REVISION ENTLY IN EFFECT.
100
AUTHORIZED SIGNATURE -
SUNTRUST INT'L SERVICES
ACTING AS AGENTS FORBANSl'SELL M. BIRD
�e
303 03 MIAMI , N.A. Assistant Vice President
5.�e7rv�t Ult'I SeIViCt3S
r�
u
All correspondence and communlcallon should be directed to our agent SunTrust International Sarvlces, Inc., 3737 N.W. 871h
Avenue, 1st Floor, Mlami, Florida 33178 Swett; SNTRU3M Telex: 542210