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HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-237n August 18, 2000 -'temp. Reso. # 9121 Page 1 of 3 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2000-237 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO RELEASE PERFORMANCE BOND, LETTER OF CREDIT#1172, IN THE AMOUNT OF $2,779.92 POSTED FOR THE PAVING AND DRAINAGE FOR COMMERCIAL SHOPPES PROJECT LOCATED ON THE SOUTHWEST CORNER OF COMMERCIAL BLVD. AND PROSPECT RD.; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Prospect Commercial, Inc. with Pointe Bank as Surety, filed with the City of Tamarac a performance bond, Letter of Credit # 1172, in the amount of $2,779.92 to guarantee construction of paving and drainage for Commercial Shoppes Project located on the southwest corner of Commercial Blvd. and Prospect Rd., a copy of said letter of credit attached hereto as Exhibit "1 ". WHEREAS, all paving and drainage outside the property limits were completed within Broward County right-of-way (ROW); and WHEREAS, due to an oversight, a performance bond in the form of letter of credit also got posted with the City of Tamarac; and WHEREAS, a performance bond already exists with Broward County which has jurisdiction over improvements within public right-of-way for this project and there is no need for a duplicate bond for the same improvements; and CAWINDOWSUEMP\9121RES-Comm. Shoppes.doc �l August 18, 2000 - Temp. Reso. # 9121 Page 2 of 3 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 performance bond, Letter of Credit # 1172, in the amount of $2,779.92, posted for the paving and drainage located on the southwest corner of Commercial Blvd. and Prospect Rd. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: Section 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 performance bond, Letter of Credit # 1172, in the amount of $2,779.92 posted for the paving and drainage for Commercial Shoppes Project located on the southwest corner of Commercial Blvd. and Prospect Rd. 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. CAWINDOMTEMR9121RES-Comm. Shoppes.doc 1 1 Section 5: and adoption. August 18, 2000 - Temp. Reso. # 9121 Page 3 of 3 This Resolution shall become effective immediately upon its passage PASSED, ADOPTED AND APPROVED this 151h day of September, 2000. ATTEST: rC.r� MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as 11TCHELL S. CITY ATTOR lk JOE SCHREIBER MAYOR RECORD OF COMMISSION MAYOR SCHREIBER DIST t : COMM. PORTNER DIST 2: COMM. MISHKIN ,.,.. DIST 3: COMM. SULTANOF, DIST 4: VIM ROBERTS . CIWINDOWS\TEMP\9121RES-Comm. Shoppes.doc 11R4:i POWERLNE R(7•\I7 BOCA RATON, FL 334, t 561/36816300 hnp,/poinlebank.rom July 6, 1999 Citv of Tamarac 7525 N.W 88'' Avenue Tamarac, FL 33321 Re: Prospect Commercial, Inc. (Paving and Drainage) Irrevocable Letter of Credit No. 1172 Dear Gentlemen: By order of our client, Prospect Commercial, Inc., 2400 West Commercial Blvd., Tamarac, Florida. Nve hereby open our clean irrevocable Letter of Credit No. 1172 in your favor for an amount not to exceed in the aggregate U.S. $2,779.92 (Two Thousand Seven Hundred Seventy Nine Dollars and 92/100), effective immediately and expiring at 21845 Powerline Road, Boca Raton, Florida 33433, with our close of business on July 6, 2000. We are advised that this Irrevocable Letter of Credit is to insure installation of improvements indicated on the certified cost estimate and on plans prepared by Suntech Engineering, Inc. and approved by the Utility Engineer for a free standing retail center at the southwest comer of Prospect Road and Commercial Boulevard, and developer's obligation to comply with the requirements of Tamarac City Code 10-156. The City is authorized to draw drafts at sight accompanied by a signed statement from the City of Tamarac or it's authorized representatives that: a) drawing is due to Prospect Commercial, Inc.'s failure to construct the public improvements; b) the Developer's obligations have not been completed and the City of Tamarac has been notified the bond will not be extended, or; c) a Warranty Bond that is required by Tamarac City Code has not been provided. This Letter of Credit shall be automatically renewed, provided the work has not been completed without amendment, for the successive periods of 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 temminated. (.,,64,gaCiA t �r P5