HomeMy WebLinkAbout(#01) Collier Club 13,000 Line of CreditFirst National
BANK AND TRUST COMPANY
IRREVOCABLE LETTER OF CREDIT #1998-12
DATE OF ISSUE: July 8, 1998
IJ
APPLICANT: The Collier Club, Inc.
•
4445 AIA, Suite 250
Vero Beach, FL 32963
BENEFICIARY: City of Sebastian
1225 Main Street
Sebastian, Florida 32958
AMOUNT: $13,000.00
EXPIRATION DATE: January 8, 1999
Gentlemen:
At the request of , and for the account of the above Applicant, First National Bank and Trust Company of
the Treasure Coast, ("Bank") hereby issue our Irrevocable Letter of Credit #1998-12 issued in the favor of
The City of Sebastian ("City") and dated July 8, 1998 on behalf of The Collier Club, Inc.
The Bank shall honor any deTnand drafts drawn on said Bank by the City up to an aggregate amount of
$13,000.00 to insure performk�zce of duties of The Collier Club, Inc. as follows:
1. The Collier Club, Inc. performs the restoration and compliance in accordance with the sand mining
permit issued for The Collier Club, Inc. by The City of Sebastian by Resolution #98-25.
2. The Collier Club, Inc. promptly makes payments to all claimants, as defined in Section 255.05 (1),
Florida Statutes, supply The Collier Club, Inc. with labor, materials, or supplies, used directly or
indirectly by The Collier Club, Inc. in the prosecution of the work provided for in Resolution #98-25
and
3. The Collier Club, Inc. pays the City all losses, damages, expenses, costs, and attorney's fees,
including appellate proceedings, that the City sustains because of a default by The Collier Club,
Inc. under the Resolution; and
4. The Collier Club, Inc. performs the guaranty of all work and materials furnished under the Resolution
for the time specified in the contract.
Any changes in or under the contract documents and compliance or noncompliance with any formalities
connected with the contract does not affect the obligations under this Letter of Credit.
The draft shall be accompanied by a resolution of the City that the amount of the draft represents the
amount required to fulfill the performance of said Resolution #98-25 dated June 17, 1998 and any change
orders, or the amount required to make payments to all claimants, as defined in Section 255.05 (1) Florida
Statutes, supplying The Collier Club, Inc. with labor, materials or supplies, used directly or indirectly by
The Collier Club, Inc. in the prosecution of the work provided for in the contract, or obligations under this
Letter of Credit between the City and The Collier Club, Inc.
Member 12
Folc 3730 7th Terrace - Vero Beach, Florida 32960 - 561-562-9827 - Fax 561-562-3824 ENDER
Page 2
Letter of Credit
Drafts drawn under this Letter of Credit shall be marked "Drawn under Irrevocable Letter of Credit No.
1998-12 of The Collier Club, Inc. Said Bank hereby agrees that any draft drawn under and in compliance
with the terms of this Letter of Credit shall be duly honored on due presentation to the Bank if presented on
or before the expiration of the Statute of Limitations. This Letter of Credit is furnished in lieu of the bond
required by Section 255.05 of the Florida Statutes and the provisions of the Letter of Credit furnished for
the Restoration and Compliance Bond project, shall, regardless of form, be construed and deemed statutory
provisions subject to all the requirements of subsection 2 and 3 of the statute.
This documentary credit is subject to the "Uniform Customs and Practice for documentary credits" (1993
revision) International Chamber of Commerce Publication 500.
Sincerely,
First Na ' nal Bank and Trust Company of the Treasure Coast
5
Adam S. Bolinger
Vice President
JUL-02-1998 -1x:28
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FNB OAK POINT COMMERCIAL
3730 F Taff=, Vern Beach, FL 32960
Phone - (561) 562 -OU
FAX - (361) 5622-=4
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IRREVOCABLE LETTER OF CREDIT #1"8-
DATE
199&
DATE OF ISSUE: July ,1998
APPLICANT: The Collier Club, Inc.
4445 AIA, Suite 250
Vero Be" FL 32963
BENF..FICrARY: City of Sebastian
1225 Main Street
Sebastian, Florida 32958
AMOUNT: $139000.00
EXPIRATION DATE: January ,1999
Gentlemen:
561 562 3824 P.02/03
At the request of , and for the account of the above Applicant� First National Bank and Trust Company of
the Treasure Coast, ("Bank") hereby issue our Irrevocable Letter of Credit #1998- issued in the favor
of The City of Sebastian ("City'I and dated July ,1998 on behalf of The Collier Club, Inc.
The Bank shall honor any demand drafts drawn on said Bank by the City up to an aggregate amount of
$13,000.00 to insure performance of duties of The Collier Club, Inc. as follows:
1. The Collier Club, Inc. performs the restoration and compliance in accordance with the sand mining
permit issued for The Collier Club, Inc. by The City of Sebastian by Resolution #98-25.
2. The Collier Club, Inc. promptly makes payments to all claimants, as defined in Section 255.05 (1),
Florida Statutes, supply The Collier Club, Inc. with labor, materials, or supplies, used directly or
indirectly by The Collier Club, Inc. in the prosecution of the work provided for in Resolution #98-25
and
3. The Collier Club, Inc. pays the City all losses, damages, expenses, costs, and attorney's fees,
including appellate proceedings, that the City sustains because of a default by The Collier Club,
Inc. under the Resolution; and
4. The Collier Club, Inc. performs the guaranty of all work and materials furnished under the Resolution
for the time specified in the contract.
Any changes in or under the contract documents and compliance or noncompliance with any formalities
connected with the contract does not affect the obligations under this Letter of Credit.
The draft shall be accompanied by a resolution of the City that the amount of the draft represents the
amount required to fulfill the performance of said Resolution #98-25 dated and any change
orders, or the amount requited to make payments to all claimants, as defined in Section 255.05 (1) Florida
Statutes, supplying The Collier Club, Inc. with labor, materials or supplies, uscd directly or indirectly by
The Collier Club, Inc. in the prosecution of the work provided for in the contract, or obligations under this
Letter of Credit between the City and The Collier Club, Inc.
JUL-02-10,98 10:29 FNB OAK POINT COMMERCIAL 561 562 3824 P-03/03
0.
Page 2
Letter of Credit
Drafts drawn under this Letter of Credit shalt be marked "Drawn under Irrevocable Letter of Credit No.
1998- of The Collier Club, Inc. Said Bank hereby agrees that any draft drawn under and in
compliance with the temps of this Letter of Credit shall be duly honored on due presentation to the Bank if
presented on or before the expiration of the Statute of Limitations. This Letter of Credit is furnished in lieu
of the bond required by Section 255.05 of the Florida Statutes and the provisions of the Letter of Crcdit
furnished for the Restoration and Compliance Bond project, shall, regardless of form, be construed and
deemed statutory provisions subject to all the requirements of subsection 2 and 3 of the statute.
This documentary credit is subject to the "Uniform Customs and Practice for documentary credits" (1993
revision) International Chamber of Commerce Publication 500.
Sincerely,
First National Bank and Trust Company of the Treasure Coast
Adam S. Bolinger
Vice President
TOTAL P.03
City of Sebastian
1225 MAIN STREET o SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 o FAX (561) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
SPECIAL MEETING
QUASI-JUDICIAL HEARING(S)
WEDNESDAY, JUNE 179 1998 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
1. Mayor Sullivan called the Special Meeting to order at 7:00 p.m.
2. The Pledge of Allegiance was recited.
City Council Present:
Mayor Ruth Sullivan
Mrs. Louise Cartwright
Mr. Chuck Neuberger
Mr. Lary Paul
City Council Absent:
Vice Mayor Martha Wininger (excused)
Staff Present:
City Manager, Thomas Frame
Acting City Attorney, Tim Williams
City Planner, Tracy Hass
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
Special City Council Meeting
June 17, 1998
Page Two
4. QUASI-JUDICIAL PUBLIC HEA.RING(S), FINAL ADOPTION
(Procedures on Back ofAgenda)
98.088 A. Resolution No. R-98-25 - Collier Club PUD - Sandmining Special Use Permit (Planning Transmittal
6/10/98, R-98-25, Application, Staff Report, Location Map)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING A SPECIAL USE
PERMIT AND M[NING PERMIT TO ONSITE MANAGEMENT GROUP. INC. FOR A SAND
MINE AT THE COLLIER CLUB PUD SUBDIVISION, PROVIDING FOR REPEAL OF RESOLUTIONS IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
Attorney Williams read Resolution No. R-98-25 by title, and Mayor Sullivan opened the hearing at
7:02 p.m.
All affected parties waived administration of an oath by other affected parties.
Steve Melchiore, representing Onsite Management, Inc. addressed City Council on the need for a
mining permit to allow excavation of lakes to comply with the approved on site stormwater
management system and removal of the material from the site; said the work should be done within
90 days; and that the lakes will be approximately eight feet deep.
The City Planner said he had contacted Indian River County regarding access onto Roseland Road;
said the applicant had requested a waiver of the bonds; and stated, "Staff does not find the mining
permit to be detrimental to the public safety, health, or welfare or injurious to other properties or
improvements within the immediate vicinity in which the property is located and the use requested is
consistent with the purpose and intent of the respective zoning district and can be demonstrated to be
similar in nature and compatible with uses in the zoning district. With that, the proposed sandmining
special use permit is consistent with the land development code, comprehensive plan, code of
ordinances; the Planning and Zoning Board has adopted the staff report and recommends approval to
the City Council and the staff, as well, would recommend approval of Resolution No. R-98-25 with
the following conditions: 1) hours of operation shall be 7 am to 5 pm Monday through Friday; 2) the
property to be excavated shall be posted `no trespassing'; 3) the required compliance and restoration
bonds shall be posted; and 4) applicant shall provide permanent project boundary corners with
intermediate stakes at a minimum of 300 feet and all limits of excavation shall be staked, marked and
maintained with visible flags in the field in accordance with the approved plans for the permit."
Mrs. Cartwright disagreed with making Indian River County approval relative to the Roseland Road
access a condition of Council's approval, stating notification should be sufficient; and recommended
the special use permit be issued to "Onsite Management Group, Inc." rather than "Chuck Mechling"
as stated in the revised resolution title. Attorney Williams agreed with that amendment.
2
Special City Council Meeting
Jurie 17, 1998
Page Three
Mayor Sullivan asked why there was no reference to the Airport Drive improvement, and the City
Manager responded that the issue of Airport Drive East is a separate issue; and will have to be
addressed at a later time and brought back to Council.
Mr. Paul questioned the necessity for the bonds, and the City Manager said there should be some
minimum bond requirement to ensure that restoration is completed, however, suggested that perhaps
the bond could be tied to a specific phase scheduled for excavation rather than the entire site.
Mr. Melchiore said the area to be cleared is approximately 13 acres; and suggested submitting one
combination $13,000 bond for the term of the excavation, and have the City hold it until inspected
and approved Following a brief discussion, City Council concurred.
Walter Good, 414 Ponoka Street, Sebastian, affected opponent, objected to the hours of operation.
Mayor Sullivan closed the public information period.
The City Planner again recommended approval with conditions as outlined by Council tonight.
Mayor Sullivan closed the public hearing at 7:42 p.m.
MOTION by Cartwright/Paul
I move to approve Resolution R-98-25 with the amendment to the title, deleting Mr. Chuck
Mechling and adding Onsite Management Group, Inc. and condition number 3 adding the words for
13 acres at the end of that sentence so it would read "The required compliance and restoration bond
shall be posted based on 13 acres."
ROLL CALL: Mrs. Cartwright - aye
Mr. Neuberger - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mrs. Wininger - absent
MOTION CARRIED 4-0
5. Being no further business, Mayor Sullivan adjourned the Special Meeting at 7:43 p.m.
Approved at the , 19981 Regular City Council Meeting.
Ruth Sullivan
Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
RESOLUTION NO. R-98-25
A RESOLUTION OFT CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, GRANTING A SPECIAL USE PERMIT AND
MINING PERMIT TO ONSITE MANAGEMENT GROUP INC.
FOR A SAND MINE AT THE COLLIER CLUB PUD
SUBDIVISION; PROVIDING FOR REPEAL OF RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Mr. Chuck Mechling, Onsite Management Group, has applied for a
special use permit for a sand mine to excavate stormwater management lakes at Collier
Club PUD Subdivision; and
WHEREAS, the Planning and Zoning Commission has reviewed the application
for the special use permit and has found that the proposed sand mine will not be
detrimental to the public safety, health, or welfare nor will it be injurious within the
immediate vicinity in which the property is located and that the proposed use is consistent
with the purpose and intent of the PUD -R zoning district and is similar in nature and
compatible with uses allowed in the PUD -R zoning district; and
WHEREAS, the Planning and Zoning Commission has recommended approval
and recommends the City Council approve the application for a sand mine to excavate the
stormwater lakes at Collier Club PUD with conditions; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS
FOLLOWS:
SECTION 1. FINDINGS. The City of Sebastian finds that the proposed sand
mine will not be detrimental to the public safety, health, or welfare nor will it be injurious
within the immediate vicinity in which the property is located and that the proposed use is
consistent with the purpose and intent of the PUD -R zoning district and is similar in
nature and compatible with uses allowed in the PUD -R zoning district.
SECTION 2. APPROVAL. The City Council of the City of Sebastian approves
the special use permit for a sand mine at Collier Club PUD with the following conditions:
1. The hours of operation shall be 7:00 A.M. TO 5:00 P.M. Monday through
Friday. This includes excavation and hauling of material from the site.
2. The property to be excavated shall be posted "no trespassing".
3. A combined compliance and restoration bond shall be posted and based on
thirteen (13) acres.
4. The applicant shall place permanent project boundary corners, with
intermediate stakes at a minimum of three hundred feet and all limits of
excavation shall be staked, marked and maintained with visible flags in the
field, in accordance with approved plans for the permit.
Section 2. CONFLICT. All resolutions or parts of resolutions in conflict are
hereby repealed.
Section 3. EFFECTIVE DATE. This Resolution shall take effect
immediately upon final passage.
The regoing Resolution was moved for adoption by Councilmember
The motion was seconded by Councilmember
and, upon being put to a vote, the vote was as follows:
Mayor Ruth Sullivan
Vice -Mayor Martha S. Wininger
Councilmember Louise R. Cartwright
Councilmember Larry Paul
Councilmember Chuck Neuberger
0.41.0
IJ
The Mayor thereupon declared this Resolution duly passed end adopted this 119 -
day of , 1998.
CITY OF SEBASTIAN, FLORIDA
By:.
Ruth Sullivan, Mavor
ATTEST:
& L-4
Kathryn .O'Halloran, dIRUAAE
City Clerk
(Seal)
Approved as to Form and Content:
Valerie Settles
City Attorney
i#y of 1?3lWain Stree4 Sebasdan, Florida 32958
Sebastian
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ti
�. Citrus Bank
AMENDMENT #2 TO IRREVOCABLE LETTER OF CREDIT #1533150
May 21, 1996
Beneficiary: Applicant:
City of Sebastian Henry Fischer & Sons Leasing, Inc.
1225 Main Street 10729 U.S. Hwy. 1
Sebastian, Florida 32958 Vero Beach, FL 32958
Gentlemen:
At the request of, and for the account of the above Applicant, Citrus Bank,
N.A. ("Bank") hereby amend our Irrevocable Letter of Credit #1533150 issued
in the favor of The City of Sebastian, ("City") and dated April 30, 1996 and
Amendment #1 to Irrevocable Letter of Credit #1533150; dated May 6, 1996 on
behalf of Henry Fischer & Sons Leasing, Inc. ("Fischer") Such an Amendment
includes an extension of the expiry date from September 4, 1995 to October
19, 1996.
All other original terms and conditions of Irrevocable Letter of Credit
#1533150 remain unchanged.
This credit remains subject to the "Uniform Customs and Practice for
Documentary Credits (1983 Revision), International Chamber of Commerce
(Paris, France) Publication No. 400".
Sincerely,
CITRUS BANK, B.A.
BY:
Cynthia L. Morley, A.V.P.
imp
1717 Indian River Boulevard
Vero Beach, Florida 32960
(407) 778-41 CO • Fax = 407-567-8301
Citrus Bank, National Association
P.O. Box 2560
Vero Becch, Florida 32961
1020 U.S. Highway I
Sebastian, F!orida 32958
(407) 589-4494 . Fax 407-589-7485
j MAY 1996'
I ' Received -�
City Managees �
Office
w
May 6, 1996
C0
itrus uunl��
1 TO IRREVOCABLELETTER OF CREDIT #1533150
Beneficiary: Applicant:
City of Sebastian Henry Fischer & Sons Leasing, Inc.
1225 Main Street 10729 U.S. Hwy. 1
Sebastian, FL 32958 Sebastian, FL 3295
Gentlemen:
At the request of, and for the account of the above Applicant, Citrus Bank,
N.A. ("Bank") hereby amend our Irrevocable Letter of Credit #1533150 issued in
the favor of The City of Sebastian ("City") and dated April 30, 1996 on behalf
of Henry Fischer & Sons Leasing, Inc. ("Fischer") Such an amendment includes
an extension of the expiry date from August 28, .1996 to September 4, 1996. In
addition, this amendment includes the deletion of Paragraphs one and two of
the Letter of Credit and includes the addition of the following paragraphs:
The Bank shall honor any demand drafts drawn on said Bank by the City up to an
aggregate amount of $176,544.65 to insure performance of duties of Fischer as
follows:
1. Fischer performs the contract dated May 6, 1996, including any
subsequent change orders between Fischer and the City for the construction of
Airport Drive West (Phase I) at the City of Sebastian Airport, the contract
being made a part of this Letter of Credit by reference, at the times and in
the manner prescribed in the contract; and
2. Fischer promptly makes payments to all claimants, as defined in
Section 255.05(1), Florida Statutes, supplying Fischer with labor, materials,
or suplies, used directly or indirectly by Fischer in the prosecution of the
work provided for in the contract; and
3. Fischer pays the City all losses, damages, expenses, costs, and
attorney's fees, including appellate proceedings, that the City sustains
because of a default by Fischer under the contract; and
4. Fischer performs the guaranty of all work and materials furnished
under the contract for the time specified in the contract.
Any changes in or under the contract documents and compliance or noncompliance
with any formalities connected with the contract or the changes does not
affect the obligations under this Letter of Credit.
The draft shall be accompanied by a resolution of the City that the amount of
the draft represents the amount required to fulfill the performance of said
contract dated May 6, 1996, and any change orders, or the amount required to
make payments to all claimants, as defined in Section 255.05(1) Florida
Statutes, supplying Fischer with labor, materials or supplies, used directly
1717 Indian River Boulevard
Vero Beach, Florida 32960
(407) 778-4100 • Fax T 407-567-8301
Citrus Bank, National Association
P.O. Box 2560
Vero Becch, Florida 32961
1020 U.S. Highway 1
Seoas�ian, Florida 32958
(,107) 589-41494 e Fax = 407-589-7485
or indirectly by Fischer in the prosectution of the work provided for in the
contract, or obligations under this Letter of Credit between the City and
Fischer. Drafts drawn under this credit shall be marked "Drawn under
Irrevocable Letter of Credit No. 1533150 of Henry Fischer & Sons, Leasing,
Inc." Said Bank hereby agrees that any draft drawn under and in compliance
with the terms of this Letter of Credit shall be duly honored on due
presentation to the Bank if presented on or before the expiration of the
Statute of Limitations. This Letter of Credit is furnished in lieu of the
bond required by Section 255.05 of the Florida Statutes and the provisions of
the Letter of Credit furnished for the public works project shall, regardless
of form, be construed and deemed statutory provisions subject to all the
requirements of subsection 2 and 3 of the statute.
All other original terms and conditions of Letter of Credit #1533150 remain
unchanged.
This credit remains subject to the "Uniform Customs and Practice for
Documentary Credits (1983 Revision), International Chamber of Commerce (Paris,
France) Publication No. 400".
Sincerely,
CITRUS BANK, N.A.
BY:
Jdffrey P. Meyer, Vice Pr den
Cites IDanl�
IRREVOCABLE OF CREDIT #].533150
DATE OF ISSUE: April 30, 1996
BE? FICIARY:
AMOUNT:
EXPIRATION DATE;
Henry Fischer & Sons Leash
10729 U.S. EGghway 1
Sebastian, Florida 32958
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
$1769544.65
August 28, 1996
We hereby establish our irrevocable Letter of Credit #1533150 in your favor to the account of Henry
Fischer & Sons Leasing, Inc., which is available against your presentation of your drafts drawn on us at sight up
to an aggregate amount of U.S. $176,544.65 accompanied by the Wowing signed statement.
"I hereby certify that I am an authorized official of the City of Sebastian for the purposes of drawing
under this Letter of Credit. I further certify that the attached draft represents amount(s) due and payable to the
City of Sebastian due to the failure of Henry Fischer & Sons Leasing, Inc. to comply with the terms and conditions
of the City of Sebastian Contract "Airport Drive West Construction"."
We engage with you that all drafts drawn under and in compliance with the terms of this Letter of Credit
will be duly honored if presented at this office on or before August 28, 1996 and any draft drawn by you under
this Letter of Credit must bear the clause "Drawn under Irrevocable Letter of Credit #1533150 of Citrus Bank,
N.A., dated April 30, 1996." The original Letter of Credit must accompany any drawing except as otherwise
stated. This documentary credit is subject to the "Uniform Customs and Practice for documentary credits ". (1993
revision) International Chamber of Commerce Publication 500.
Citrus Bank, N.A.
By: Qp��� R �� �'& —
Jeffr P - Weyer, V e President
Citrus Bank, National Association
1717 Indian River Boulevard P.O. Box 2560 1020 U.S. Highway 1
Vero Beach, Florida 32960 Veto Beach, Florida 32961 Sebastian, Florida 32958
(407) 778-4100 a Fax 0' 407-567-8301 (407) 589-4494 . Fax = 407-589-7485