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Home My WebLink About2002 06 24 Consent D Potable Water and Sanitary Sewer for Avery Park COMMISSION AGENDA June 24. 2002 Meeting Consent X Information Public Hearin2 Re2ular ITEM D MGR. ~!DePt? REQUEST: Community Development Department requesting Commission approval and acceptance of the improvements (potable water and sanitary sewer) located at Avery Park, 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 within A very Park for . public ownership and maintenance. This site is located on Tuskawilla Road 1,4 mile south of SR 434. 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. June 24, 2002 Consent Agenda Item D Page 2 FINDINGS: 1) All City agencies have found the work to be acceptable. 2) The Engineering Division inspected and found the site improvements to be in substantial conformity with the approved final engineering plans. 3) The potable water and sanitary sewer improvements are to be dedicated to the City for ownership and maintenance and a 2-year letter of credit in the amount of $26,710 has been received (original to City Clerk and copy to City Attorney). ATTACHMENTS: A- Copy of Letter of Credit B - Correspondence pertaining to acceptance RECOMMENDATION: Staff recommends approval and acceptance of the Avery Park potable water and sanitary sewer improvements to be owned and maintained by the City. CITY COMMISSION ACTION: c... l ..~\.'" f l....;,'. ATTACHMENT A ....~'-.... ..-.... /' " . ~'-' -, ';;..:., . " " SUNThUST LETTER OF CREDIT NUMBER ORL/P100160 PAGE NO. 1 ADVISING ElM~K: LETTER OF CREDIT NUM8ER: ORL/P100760 ISSUANCE D~TE: APRIL 02. 2002 .{ . APPbICAiH: AVf:Ff PARI<, LLC 13''f P(,RK Li;KE :3TREET ORLANDO, FL 32803-3821 BENEFICIARY: CITY OF WINTER SPRINGS 110 N. FLAMINGO AVENUE WINTER SPRINGS, FL 32708 FOR USO 26,710.00 ._( TI,.JENTY .-SIX-. THOUSAND..-SEVEN--HUNDRED TEN OOnGO U. S. DOL.Ltl RS) DATE OF EXPIRATION: APRIL 01, 2004 PLACE OF EXPIRATION: OUR COUNTERS PROJECT NAME: AVERY PARK PROJECT LOCATION: SECTION 1, TOWNSHIP 21 SDUfH, RANGE 30 EAST. AND SECTION 6. TOWNSHIP 21 SOUTH. RANGE 31 EAST, CITY OF WINTER SPRINGS, SEMINOLE COUNTY. FLORIDA WE HEREBY ESTABLISH OUR IRREVOCABLE LETTER OF CREDIT NO. ORL/P100760 IN FAVOR OF CITY OF WINTER SPRINGS, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA. AND AUTHORIZE YOU TO DRAW ON SUNTRUST BANK, 200 S. ORANGE AVENUE. AnN: INTERNATIONAL. DIVISION. ORLANDO, FLORIDA 32801 BY ORDER OF AVERY PARK, LlC UP TO BUT NOT EXCEEDING THE AGGREGATE AMOUNT OF TWENTY SIX THOUSAND SEVEN HUNDRED TEN ,AND 00/100 U.S. DOLLARS (U.S.S26,710.00) WHICH IS AVAILABLE BY YOUR DRAFT AT SIGHT. WHEN ACCOMPANIED BY THIS LETTER OF CREDIT AND EITHER ONE OF THE FOLLOWING DOCUMENTS: 1. A STATEMENT PURPORTEDLY SIGHED BY THE CITY OF WINTER SPRINGS' UTILITIES DIRECTOR OR AUTHORIZED REPRESENTATIVE STATING: "THE PERFORMANCE OF AVERY PARK, LLC'S OBLIGATION HAS NOT BEEN COMPLETED YET AND LETTER OF CREDIT ORL/P100760 WILL EXPIRE WITHIN 30 DAYS FROM THE DATE OF THE DRAWING WITHOUT BEING EXTENDED OR REPLACED TO THE CITY'S SATISFAC"rION"; OR 2. A STATEMENT PURPORTEDLY SIGNED BY THE CITY or WINTER , SPRINGS' UTILITIES DIRECTOR OR AUTHORIZED REPRESENTATIVE STATING: "SUNTRUST BANK HAS LOST ITS DESIGNATION AS A J~ "QUALIFIED PUBLIC DEPOSITORY.' PURSUANT TO , SUNTRUSI LETTH OF CREDIT NUiiBER Df'(1./Pl007iJ(J PAGE NO. ;~ FLORIDA :3TATUTES, CHt:,PTER ;'~f.107 AND Al1 r=:,CCEPTABLE REPL.ACH1ENT L.ETTER OF CREDIT H{~S NOT BEEN RECEI'JED" y Ol~ 3. A STATU\ENT PURPORTEDLY t"iIGHED ~~y THE CITY OF WINTER SPRINGS' UTILITIES DIRECTOR OR AUTHORIZED REPRESENTATIVE ~)TATING: annS DR(1L.JING IS DUE. TO A!,'ERY PARK 7 LLC 'S FFlILURE TO HA!jE PROPEHLY cm~S'{RUCTED THE PUBLIC IMPROVEMENTS. (HEREINAFTER REFERRED TO AS THE "IMPROVEMENTS". AND MAINTAIN SAID IMPROVEMENTS FOR A TWO (2) YEAR PERIOD FOLLOWING ISSUANCE OF A CERTIFICATE OF COMPLETION FOR IMPROVEMENTS. SPECIFICALLY, THE STATEMENT SHALL BE TO THE EFFECT THAT: "THE MATERIAU:; T WORl{M{~NSHIP. ST RUCTURAL INTEGRITY, FUNCTIONH.IG, AND/OR MAINTENANCE (MAINTENANCE REQUIRED TO ENSURE PROPER OPERATION) OF THE IMPROVEMENTS HAS BEEN DETERMINED TO BE UNACCEPTABLE, AND SUCH CONDITION(S) HAS NOT BEEN CORRECTED DESPITE NOTIFICATION TO THE DEVELOPER" AND FURTHER STArING THE SUMS DUE AS A RESULT OF SUCH DEFAULT TO DEFRAY THE ESTIMATED COST OF REPAIRS OF THE IMPROVEMENTS. A SUM NOT TO EXCEED $26.710.00 U.S. DOLLARS SHALL BE AVAILABLE FOR PARTIAL DRAW(S) OR FULL DRAW BY YOUR DRAFTS AT SIGHT, IF ACCOMPANIED BY A WRITTEN AFFIDAVIT AS DESCRIBED IN THE PROCEEDING PARAGRAPH. THIS LETTER OF CREDIT SHALL BE DEEMED IN FULL FORCE UNTIL APRIL 02, 2004 AND WILL AUTOMATICALLY BE EXTENDED FOR A PERIOD No'r TO EXCEED NINETY (90) DAYS WITHOUT AMENDMENT UNLESS WE PROVIDE THE CITY OF WINTER SPRINGS UTILITIES' DIRECTOR WITH WRITTEN NOTICE OF OUR INTENT TO TERMINATE THE CREDIT HEREIN EXTENDED, WHICH NOTICE MUST BE PROVIDED AT LEAST 'THIRTY (30) DAYS PRIOI~ TO THE EXPIRATIDN DfHE OF THE ORIGINr~L TEI~M HEREOF. DRAFTS MUST BE DRAWN AND NEGOTIATED NOT LATER THAN APRIL 02, ~.~004. DRAFTS t1UST 8Ei~R THE CL{-1USE~ "DRAW!~ UNDER LETTER OF CREDIT NO. ORL/Pl00760 OF SUNTRUST BANK DATED APRIL 02, 2002". 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. EXCEPT AS OTHERWISE SPECIFICALLY STATED HEREIN, THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF OUR UNDERTAKING, AND SUCH LiNDEF<TAKING SH{~LL NOT IN fWY \.)f'.,y ElE MODIFIED, MENDED, []f.! 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 J P(~GE 109928 (6/0 I) . . ... L~~V~I::,~ OP.L/P100760 PAGE NO. REFERENCE SHALL NOT 8E DEEMED TO INCORPORATE ANY DOCUMENT. INSTRUMENT, OR AGREEMENT. :3 HEREIN BY REFERENCE WE HEREBY AGREE WITH YOU THAT ALL DRAFTS DRAWN IN COMPLIANCE WITH THE TERMS OF THIS LETTEJt OF CREDIT "JILL BE DUL.Y HONORED UPON PRESENTATION AND DELIVERY.~F THE DOCUMENTS SPECIFIED MlOVE TO SUNTIWST BANI<, 200 S. ORANGE 'AVE., ATTN~ INTERNATIONf~L DIVISION, ORLM~DO, FLORIDA, 32801 ON...;OR BEFORE APRIL 01., 2004 OR ANY EXTENDED DATE. THIS LETTER OF CREDIT WILL BE CONSIDERED AS CANCELLED UPON RECEIPT BY US OF THE ORIGINAL CREDIT. INSTRUMENT OR UPON ANY PRESENT OR FUTURE EXPIRY DATE HEREUNDER, WHICHEVER SHALL OCCUR FIRST. THIS 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 BETHEEN THE "UNIFORM CUSTDMS AND PI<f;cnCE FOR DOCUMENTARY CREDnS~ AND FLDRIDA L.AW SHOULD ARISE, FLORIDA LAW SHALL PREVAIL. IF A CONFLICT BETWEEN THE L.AW OF ANOTHER STATE OR COUNTRY AND FLORIDA LAW SHOULD ARISE, FLORIDA LAW SHALL PREVAIL. SINCERELY, SUNT RUST 8(~NK DRL.ANDO, FLORIDA . ~ JAA J/I~ _____f~~ - (1... dZE SIGNAJU~ r~? e:. I r -+.,_-_ VJ \:,. PAGE 3 109928 (6101) ( l tr- ~.. .:l .., (' \ ATTACHMENT B c: CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708-2799 Telephone (407) 327-1800 Fax (407) 327-6695 June 13,2002 . J TO: John Baker Current Planning Coordinator Kimberley Hall, P.E \)~ City Engineer 0\ THRU: FROM: Zynka P. Perez Engineering Inspec SUBJECT: Averv Park DeveloDment - As-Built InsDection I have received the "as-built" engineering and inspection fee including the engineer's certification of completion for the above subject project. A review and an "as- built site inspection (& re-inspection) found them in general conformance to the approved engineering plans. Also, I have attached the sign-off checklist sheet with the signatures of various departments accepting this phase of the development. I recommend this phase of the project be forwarded to the City Commission for final acceptance. If you have any questions, please let me know. cc: City Manager Public Works / Utility Director Utility Superintendent CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 TeleptlOne (tl07) 327.1800 Checklist for: ~ As-Built" Inspection i :f' [] Maintenance' Bond Inspection Bond # Expiration date Site or Project -A\/EIty fJrtflj(. ~//Jl;;V~~T The following departments have no outstandi~g deficiencies against this site/proiect: (initial and date) ~-rjO'2.. II" , . / Public Works fJ~~~~~r Utility (Water and Sewer) 'pi" &t: ~ 6,b~/D).- Stormwater Utility "14("H#l7f::: / Building f.J1A Fire~~ Po!ice ~~~ (LAI-J J::U,CAPJrJ ~ '> / Code Enforcement ~ _____ ~l!:? D do- /Jj1 Engineering Finance Additional Comments ~'~~~d1o;J!!Ei/ii~~~