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Home My WebLink About2003 11 10 Regular 500 Tuskawilla Office Park Improvements COMMISSION AGENDA ITEM 500 Consent Information Public Hearing Regular X MGR.P-- /Dept. Iff November 10. 2003 Meeting REQUEST: The Community Development Department requests the Commission's approval and acceptance of the Tuskawilla Office Park (TOP) improvements (potable water and sanitary sewer) to be dedicated to the City for ownership and maintenance. PURPOSE: The purpose of this Agenda Item is to request that the Commission accept the portions of the potable water and sanitary sewer systems at the TOP site for public ownership and maintenance in order to grant certificates of occupancy. This site is located on the west side of Tuskawilla Road, between Oak Forest Unit 7 and Avery Park. APPLICABLE CODE: Section 9-178. Required Improvements to be completed prior to building on lots; exceptions. ( c) Where the building official has an authoritative method of assurance that the improvements will be completed in accordance with approved plans, such as withholding occupancy, the building official may issue building permits upon advising the developer that all or partial occupancy will be restricted until satisfactory completion of the improvements has be accomplished. (d) ... Certificates of occupancy will not be issued until all improvements are accepted by the city commission. November 10,2003 Regular Agenda Item 500 Page 2 FINDINGS: 1) All City agencies have found the work to be acceptable. 2) The potable water and sanitary sewer improvements are to be dedicated to the City for ownership and maintenance and separate 2-year irrevocable standby letter of credit in the amount of $9,521.00 have been received. 3) The beginning date on the irrevocable standby letter of credit is September 11, 2003, and mayor may not need to be adjusted to the present date (to be determined by City Attorney). ATTACHMENTS: A- Copy of irrevocable standby letter of credit and amendment B - Correspondence pertaining to acceptance RECOMMENDATION: Staff recommends approval and acceptance of the Tuskawilla Office Park potable water and sanitary sewer improvements to be owned and maintained by the City, subject to the City Attorney's review and acceptance ofthe irrevocable standby letter of credit, as amended. CITY COMMISSION ACTION: /p ;." ------ - ~ ' . Klf I !p Z,,,,lcCt. '1/2.7../03 Or J ; ""4/ '#-c Co'., CICA Jc ~.J . .) "l. 55'. $1 A,.--i" 10: ;-SA'.... ~)zzl():; /ATTACHMENT A p~ First f~ CommunITy Bank Post Office Box 59950 Panama City, Florida 32412-0950 1022 West 23,d Street Panama City, Florida 32405 John Lewis Executive Vice President Telephone (850) 770-7275 Telecopier (850) 770-7698 IRREVOCABLE STANDBY LETTER OF CREDIT EFFECTIVE DATE: EXPIRATION DATE: LETTER OF CREDIT #: September 11, 2003 September 11, 2004 715 BENEFICIARY: City of Winter Springs 110 N. Flamingo Avenue Winter Springs, Florida 32708 APPLICANT: RECEIVED SEP 2 2 2003 Tuskawilla Office Park, LLC 800 Westwood Square, Suite E Oviedo, Florida 32765 CITY OF WINTER SPRINGS Current Planning Gentlemen: We hereby establish our Irrevocable Standby Letter of Credit No. 715 in favor of CITY OF WINTER SPRINGS, a Florida Municipal Corporation, (hereinafter referred to as "Beneficiary" or "City"), for the account of TUSKAWILLA OFFICE PARK, LLC in the aggregate amount of NINE THOUSAND FIVE HUNDRED TWENTY - ONE AND 00/100 ($9,521.00) available by immediate payment upon presentation of Beneficiary's sight draft(s) in an amount not exceeding the Credit hereby established accompanied by this Irrevocable Letter of Credit and anyone of the following: 1. A statement signed by the City Manager of the City or his designee stating that the Tuskawilla Office Park has failed to property construct, in whole or in part, to the City's satisfaction, one or more of the improvements required under and depicted on the final engineering and development plans for the Tuskawilla Office Park, that said failure has occurred after The City has provided Tuskawilla Office Park with at least seven (7) calendar days written notice to fully complete the improvements, and that the amount of the draft represents funds due the City to defray the estimated cost to the City to complete the improvements. For purpose of this section 1, the term "improvements" shall include, but not be limited to, streets, drainage facilities, street sign age, water and sewer facilities, walls, fences, sidewalks and other infrastructure improvements. The phrase "final engineering and development plans" shall mean the development plans for the Tuskawill~ Office Park located within the City of Winter Springs prepared by James C. Branch, P.E. dated February 5,2002 and approved by the City Commission of Winter Springs on February 11, 2002 as may be amended by the City Commission from time to time. . 2. A statement signed by the City Manager of the City or his designee to the effect that Peoples First Community Bank has lost its designation as a "qualified public depository" pursuant to Florida Statutes, Chapter 280, and an acceptable replacement letter of credit has not been received; or /p Tuskawilla Office Park, LLC Page Two . Letter of Credit Number 715 September 11, 2003 3. A statement signed by the City Manager of the City or his designee stating: 'This letter of credit will expire within thirty (30) days from date of the drawing without being extended or replaced to the City's satisfaction. Drafts must be drawn not later than September 11, 2004. Drafts must bear the clause: "Drawn under Letter of Credit Number 715 of Peoples First Community Bank dated September 11, 2003. This letter of credit shall be deemed in full force until September 11, 2004, and will automatically be extended for a period not to exceed ninety (90) days without amendment unless we provide the City.of Winter Springs'City Manager with written notice of our intent not to extend the credit herein provided, which notice must be provided at least thirty (30) days prior to the expiration date of the original term hereof. This Letter of Credit shall remain in full force and effect notwithstanding a partial draw or draws so ;' long as a sum remains to be drawn or until the Letter of Credit has expired. The amount of any partial drawing will be endorsed on the reverse of the Letter of Credit and. returned to the Beneficiary unless the Letter of Credit is paid in full. Except as otherwise specifically stated herein, this Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall not in any way be modified, amended, or amplified by reference to any document, instrument, or agreement referenced 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 document, instrument or agreement. We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and in compliance with the terms of this Letter of Credit, that such drafts will be duly honored upon presentation to Peoples First Community Bank, 116 E. Altamonte Drive, Orlando, Florida 32701, located in Orange County. This Irrevocable Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision), International Chamber of Commerce Publication No. 500, and to the provisions of Florida law. If a conflict between the "Uniform Customs and Practice for Documentary Credits" and Florida law should arise, Florida law shall prevail. If a conflict'between the law of another state or country and Florida. law should arise, Florida law shall prevail. ohn W. Lewis Executive Vice President JWUsw p On; IN"~ ( .,." C.~ 'I C f e4.lc 's ,4,sSl-.s-r-- r PeePs first f~ CommuntyBank Co~r~-h:l Post Office Box 59950 Panama City, Florida 32412-0950 1022 West 23rd Street Panama City, Florida 32405 John Lewis Executive Vice President September 29,2003 AMENDMENT NUMBER: 001 To Irrevocable Letter of Credit Number: 715 Applicant: Tuskawilla Office Park, LLC BENEFICIARY: City of Winter Springs 110 N. Flamingo Avenue Winter Springs, Florida 32708 Gentlemen: lojo'/o3 k;f' I '~~~I 8 ..p~ Telephone (850) 770-7275 Telecopier (850) 770-7698 We hereby amend our Letter of Credit Number 715 dated September 11,2203 opened in your favor as follows:" 1. Expiration date has been changed from September 11, 2004 to September 11, 2005. All other terms and conditions remain unchanged. This amendment becomes an integral part of the original Letter of Credit, and it is to be attached thereto. This amendment is subject to the Uniform Customs and Practice for Documentary Credits (1993), ICC Publication No. 500. ~CereIY' ?-~ Io W. Lewis Executive Vice President Please sign to signify your acceptance of this amendment. iffI#- Auth 'ed Signer JOlt/a) , . Dated ATTACHMENT B October 31, 2003 To: John Baker Current Planning Coordinator Kipton LockcutT, P.E. fr Utility Director Thru: From: Zynka P. Perez / Ken Hutchings Stormwater Utility Manager / Engineering Inspector Subject: Tuscawilla Office Park Are-inspection of the site was performed to check the remaining punch list as noted in the previous memo dated October 20, 2003. Please be informed that the remaining items on the list have been corrected and completed. I recommend this project be forwarded to the City Commission for final acceptance. Please let me know if you have any questions. cc: Utility Director Building Official James C. Branch, P.E. Civil Engineer 2130 E. Hyde Drive, Deltona FL 32738 October 17, 2003 Ms. Zynka Perez City of Winter Springs Engineering Inspector 1126 E. S.R. 434 Winter Springs, FL 32708 Subject: Tuskawilla Office Park, Certification of Construction Completion Dear Ms. Perez: The purpose of this letter is to state my opinion that the site construction items as shown on the approved engineering plans prepared by me and first dated September 4,2001 have been substantially completed and that their construction is in substantial compliance with those plans. Separate certifications of completion of the potable water, sanitary sewer and storm water systems have been prepared and submitted to the Florida Department of Environmental Protection and the St. Johns River Water Management District with copies provided to the City of Winter Springs. A full set of mylar reproducibles of the engineering plans showing both original design and "as-built" conditions for the engineered items on the site is attached. Please call if you have any questions. Sinc ely, J1iil~h~ FL Registration # 34791 IcJf'io3> Enc!. a.s. cc: Drew Battreall, C.A. Meyer Paving and Construction via fax to 1-407-647-9811 -7- Sandy Bierly, Tuskawilla Office Park, LLC, hand-delivered REe~IVED OCT 2 1 2003 ~ CITY OF IMN r(;;H SPf{INGS L~, _ Current Planning Letter _10 _17_03_ Ol.1tr CITY OF WINTER SPRINGS "As-built" Checklist for Site Development Acceptance Site or Project TVt<CA trJJL-L.-A vffice ~ The following departments / divisions have no outstanding deficiencies on the subject site/project: (i .tial/ date / comments if any) Arbor I CE!YeT/!=IOiTG? c:r t:?~4NV? ~ r;tA? ~~ hll7.-L Building lJi'i~ 6 -//-C>3 :Z. Coffl/U71cV ~ .#J.vhAJr€k~c~ /:JJ //~ tn5: B'1G?Zt.-y S- an...nv'T/nf?7V7 ~ PH7E/Y /0- ~c-c>.3. ~/A Finance Community Development ~/A Others JJIA Additional Comments (;o- VJ -03)- /<ece/llfi1:> in4/N~N,ewC€ 15"tPJ!J (~..ttl)) t Amm€:Nl:mY6NT /()-()',-~3 /0 -~ -Os - ~ fieqw1 trl-, Ill~te(; mmtr~NT Q- tcte~'1 Ir~r #:J f U1'7J toller z,t'@'?z) /J/ll8J:J /0- /6-03 REC~IlIVED OCT 2 1 2003 CITY OF WINTER SPRINGS L;urrenl'-lollIll..~ " 'V1onday, October 27, 20038:41 AM , le/27/2aeJ a9:4a 4e79712~~5 SANDY BIERLY (407)6821213 AUSTIN HOMES p.02 PAGE; In t..... . ' CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STAT!: ROAO .0. WINTER SPRfNGS. t-'LOFlIDA 32708-2719 r.l~hone l.on 327.1800 Ronllld W. M~LQ1TlOJl: City Mr.WJRtr October 24, 2003 Sandy Bierly TuskawiUa Office Park, L.L.C. 800 WestWood Sq\l~ Suite uE" Oviedo, Florida 32765 Dear MB. Bierly: This letter ill to confinn our agreement of conditions for acceptance: of site improvements for Tuskawilla OffiCe Park. 1. The in.!Itallation of tbe remainina 52 landscal'c items listed below will be completed as individual building lots an: developed in order to prevent the desttuction of thCl5C items duriftg building cOtlstroction. No Ccnificalc of Occupancy will be issueo;d until those landscape items are instaUed in a.ccordance with the a.pprovcd lanckcaplll plan. 2. Landscs.pe irrIgation for individual building lots will be in.stalled in accordance with the approved site dcvcJoprnel~t and landscape p1l\06 prior to tho installation of landscaping in order to P1:'ev6tlt the dcstntction of the itrisation system d~ring building conslrnction. CcnificBtcs of Occupancy will not be issued until individual buildiT,lg lot lmgation $~tem$ llX'e ~omplct:ed in accordance with approved site development and laJ\d$cape plans. ...~.,::.:~k ~ .... Please ackDowtcl!ge your agreement with the above conditions of site acceptance below. Sineernly. ~~~ 'M1~ Ronald W. Mclemore City Manager Date I / /jp U:\Dac~IW(lftflT(lWl\ ("~ICl'-C,hill DcYc1llpmtl'l1110230l Sito ~lapmc~J (:OIII~tiOl\ J\;rtcm~I.ck-c RECEIVED OCT 2 7 2003 '. "'1 CITY OF WINTER SPRINGS Currenl Planning ..J