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HomeMy WebLinkAboutCity of Tamarac Resolution R-97-297Temp. Reso.#8043 October 27, 1997 1 CITY OF TAMARAC RESOLUTION NO. R-97- 7- 9 7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO RELEASE A PUBLIC IMPROVEMENT PERFORMANCE BOND IN THE AMOUNT OF $13,400.00 SUBJECT TO THE RECEIPT OF A WARRANTY BOND IN THE AMOUNT OF $3,350.00 FROM PULTE HOME CORPORATION FOR WATER DISTRIBUTION SYSTEM IMPROVEMENTS FOR THE SANIBEL PROJECT LOCATED ON THE EAST SIDE OF SANIBEL (CANAL BANK) BETWEEN NW 80TH AVENUE AND SOUTHGATE BOULEVARD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Pulte Home Corporation has constructed the Sanibel Project and has installed the Water Distribution System Improvements; and WHEREAS, the Water and Sewer Developer's Agreement accepted and executed by the City of Tamarac on October 19, 1993, requires Pulte Home Corporation to provide a Warranty Bond to the City of Tamarac for the Sanibel Water Distribution System Improvements located on the east side of Sanibel (canal bank) between NW 80" Avenue and Southgate Boulevard (attached hereto in map form as "Exhibit 1 "); and WHEREAS, Pulte Home Corporation has requested the release of the Public Temp. Reso.#8043 October 27, 1997 2 Improvement Performance Bond in the form of an Irrevocable Standby Letter of Credit in the amount of $13,400.00 (attached hereto as "Exhibit 2") subject to the receipt of a one-year Warranty Bond in the amount of $3,350.00 to the City of Tamarac for the Water Distribution System Improvements installed for the Sanibel Project; and WHEREAS, the Improvements were inspected, approved and are recommended for acceptance for a one-year warranty period by the Utilities Engineering Division; and WHEREAS, it is the recommendation of the Director of Utilities that the Public Improvement Performance Bond be released for the Sanibel Project Water Distribution System Improvements; 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 Public Improvement Performance Bond subject to the receipt of a one-year Warranty Bond from Pulte Home Corporation for the Sanibel Project Water Distribution System Improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and 11 LJ Temp. Reso.#8043 October 27, 1997 3 confirmed as being true and correct and are hereby made a specific part of this resolution. SECTION 2: That the appropriate City Officials are hereby authorized to accept the one year Warranty Bond for the Water Distribution and Sewage Collection System Improvements in the amount of $3,350.00 for the Sanibel Project located on the east side of Sanibel (canal bank) between NW 80" Avenue and Southgate Boulevard in accordance with Section 10-156 of the City Code. SECTION 3: That the City Clerk is hereby authorized and directed to release to the Utilities Department for return to Pulte Home Corporation the Performance Bond upon acceptance of the one (1) year Warranty Bond for the Sanibel Project. The bond is in the form of an Irrevocable Standby Letter of Credit #13393795 in the amount of $13,400.00 for the Water Distribution System Improvements. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or 1 E Temp. Reso.#8043 October 27, 1997 4 invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. CFrTInK1 A - passage and adoption. 1997. This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this /o day of feew—r9-e,,L , ATTEST: CAROL A. EVANS, CMC CITY CLERK JOE SCHREIBER MAYOR I HEREBY CERTIFY that I have appr v d this RESOLUTION as to f rm vMIT6HLt S. 14( A CITY ATTO E RECORD OF COMM MAYOR SCHREIBER TR/dav/aml DIST 1: COMM. McKAYE DIST 2: V/M MISHKIN DIST 3: COMM. SULTANC DIST 4: CO ROBEATc VOTE EXHIBIT I TEMP. RESO. # 8043 0 I* 10 C14/CYPRESS CREEK CANAL SOUTHGATE BLVD, j 83 ST 83 ST < w �> > ¢ r an ¢ a ¢ M 82 ST o CD a 8I ST o o o ,�,� 81 ST z j r WE TW❑❑ 6 ti 80 CT SE TIGN 4 &o p Op `r 1o2 vl �� 9p <C ld �D i //// /./ 8 < W SITE r��ijij/jai////jjij j j/ o a� o� LOMBARDY !, w LOCATION & ¢ EXETER TRENT j/jj /jj/. jjj KINGS PT, COMMER. PK. cU L/t // � W r /j/ j j% A U W X wui 7- OD // % // '� o jj j/j/ / /jj/jj [p ROCKFORD 7 Q� %/ji// GRANVILLE r �I v �CQ AMA/// �SpOlRTS nO r,/[L/ X` T R 27 SEDGEFIELD EVANGELICAL COVENANT 77 Si ¢ CHURCH ly a o d KINLi > PROF. GPLAZA W W A // KINGS P❑INT AIRFAX %jjj/�/�j/' SALES CENTER CLUB H ❑ U S SANIBLEX,DWG SANIBEL PERFORMANCE BOND RELEASE EXHIBIT 2 Temp. Reso.#8043 PULTE FINANCIAL COMPANIES, INC. 6061 S. WILLOW DRIVE, SUITE 300 GREENWOOD VILLAGE, COLORADO 801 it AUGUST 7, 1995 IRREVOCABLE STANDBY LETTER OF CREDIT NO. 13393795 BENEFICIARY: CITY OF TAMARAC 6 81 1 N.W.33THAVENUE TAMARAC, FL 33321 AMOUNT: $13,400,00 (THIRTEEN THOUSAND FOUR HUNDRED AND 00/100 US DOLLARS) RE: LAND SECTION 6 - SANIBEL WATERMAN TIE-IN PERFORMANCE SECURITY APPLICANT: PULTE HOME CORPORATION - S. FLORIDA 33 BLOOMFIELD HILLS PARKWAY, r^_00 13LOONIFIELD HILLS, MI 48304 EXPIRATION DATE: AUGUST 11, 1996 WE HEREBY OPEN OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO. 13393795 IN YOUR FAVOR, FOR ACCOUNT OF PULTE HOME CORPORATION, 1350 E. NEWPORT CENTER DRIVE, 4200, DEERFIELD BEACH, FLORIDA 33442 FOR A SUM[ NOT EXCEEDING THIRTEEN THOUSAND FOUR HUNDRED AND 00/100 USD (S13,400.00) AVAILABLE BY YOUR DRAFT AT SIGHT ON PULTE FINANCIAL COMPANIES, INC. WHEN ACCOMPANIED BY: A STATEMIENT SIGNED BY THE CITY OF TAMARAC OR ITS AUTHORIZED REPRESENTATIVE AS FOLLOWS: "WE CERTIFY THAT PULTE HOME CORPORATION HAS FAILED TO COMPLETE THE INSTALLATION OF WATERV[AN TIE-IN ON NORTH END OF SECTION 6 INDICATED ON PLANS PREPARED BY CCL CONSULTANTS ON TnY 28, 1995, AND THAT PULTE HOME CORPORATION'S OBLIGATION TO COMPLY WITH THE REQUIREMENTS OF TAMARAC CITY CODE SECTION 10-156 HAS NOT BEEN MET." jcrr 1 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 Su<TY (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 :.•r 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 r„1 j HAVE BEEN NOTIFIED IN WRITING BY PULTE FINANCIAL COMPANIES, INC. OF THEIR ELECTION NOT TO RENEW THEIR LETTER OF CREDIT NO. 13393795 AND THAT A WARRANTY BOND REQUIRED BY THE TAMARAC CITY CODE HAS NOT BEEN PROVIDED." ALL DRAFTS DRAWN UNDER THIS CREDIT MUST BE NARKED "DRAWN UNDER PULTE FINANCIAL COMPANIES, INC. LETTER OF CREDIT NO. 13393795." No Text