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3920CITY OF SANFORD, FLORIDA AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA, PROVIDING FOR THE AMENDMENT OF SECTION 7.2 G. 2. OF THE CITY OF SANFORD CODE/LAND DEVELOPMENT REGULATIONS RELATING TO BONDING REQUIREMENTS FOR IMPROVEMENTS DEDICATED TO THE CITY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ENACTED BY THE CITIZENS OF THE CITY OF SANFORD, FLORIDA: SECTION1. AMENDMENT TO SECTION 7.2 G. 2. OF THE CITY OF SANFORD CODE/LAND DEVELOPMENT REGULATIONS. Section 7.2.G. 2. of the City of Sanford Code/Land Development Regulations is hereby amended to read as follows (only amended subsection depicted): SECTION 7.2 IMPROVEMENTS DEDICATED TO THE CITY G. Completion and Acceptance of Improvements. Submittal of As-Built Drawings. Upon completion of any required improvements, the owner shall submit to the Administrative Official As-Built Drawings prepared and certified by the engineer of record, showing the actual installation of such improvements. As-Built drawings shall be provided in reproducible form. Posting of Maintenance Guarantee. Prior to acceptance of the required improvements by the City Manager or other applicable public body, the owner shall provide a Maintenance Guarantee for the repair or correction of material defects or failures of the improvements for a period of three (3) tw,v years following acceptance. The Maintenance Guarantee shall be in an amount equal to twenty percent (20%) 10% of the actual construction cost of all the improvements, and shall consist of a performance bond, equivalent cash deposit with the City, construction loan agreemem with a recognized lending institution, certificate of deposit or irrevocable letter of credit by a Florida bank, a cashier's check or a certified check upon a Florida bank. Upon default, the City Commission or other applicable public body may exercise its rights upon ten (10) days written notice by certified mail, return receipt requested, to the parties to the instrument. Certificate of Completion. The Administrative Official shall issue a Certificate of Completion and the City Manager shall be empowered to accept responsibility for maintenance and operation of the required improvements, upon determination of compliance with all of the following requirements: Completion of satisfactory final inspections for the improvements in question; Submission and approval of a certification by the engineer of record that the required improvements have been installed and completed in accordance with submitted and approved As-Built Drawings; and, c. Posting and approval of the required maintenance guarantee. 4. Reduction By Phase or Release of the Performance Guarantee. Upon issuance of the Certificate of Completion for an approved phase of the required improvements, the Administrative Official shall be authorized to reduce the amount of the Performance Guarantee for such improvements by the amount of the original cost estimate for the improvements covered by the Certificate. Where the Certificate covers all required improvements, the Performance Guarantee shall be fully released. SECTION 2. CONFLICTS. All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed. SECTION 3. SEVERABILITY. If any section, sentence, phrase, word, or portion of this Ordinance is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Ordi~ancc not otherwise determined to be invalid, unlawful, or unconstitutional. SECTION 4.CODIFICATION. It is the intemion of the City Commission of the City of Sanford, Florida, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part oftbe Code of Ordinances of the City of Sanford, Florida; that the Sections of this Ordinance may be renumbered or re-entered to accomplish such intention; that the word, "Ordinance," may be changed to "Section," "Article," or other appropriate word; provided, however, that Sections 2,3, 4 and 5 shah not be codified. SECTION 5. EFFECTIVE DATE. This Ordinance shall take immediate effect upon enactment. PASSED and ADOPTED this 28th day of March, 2005. ATTEST: ~ANET DOUOHERT~ CITY ({LERK CITY COMMISSION OF THE CITY OF SANFORD CERTIFICATE I, Janet IE Dougherty, City Clerk of the Ci~y..of~Sanford, Florida. do hereby c.~e~'t~fy. ~ a ~tr~.~e and correct copy of the foregoing Ordinance No ~' ~,~/~ ~ PASSED. AI~q~D AD~Ot.PTED t~y tne~u~y Commission of the City of Sanford, Florida, on the c:fl~ day of '""/[ IliA u/q was posted at the frpnt door of the City Hall in the City of Sanford, Florida, on the dayof c-~L ~C. J5 ,2005. As the City Clerk of the City of Sanford, Florida