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Home My WebLink AboutCity of Tamarac Resolution R-97-002Temp. Reso.7575 October 3, 1996 1 CITY OF TAMARAC RESOLUTION NO. R-97-� 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 FORM OF A SURETY BOND #X05333 FROM PREFERRED NATIONAL INSURANCE COMPANY IN THE AMOUNT OF $65,500.00 SUBJECT TO THE RECEIPT OF A WARRANTY BOND IN THE AMOUNT OF $16,375.00 FROM LASER ENGINEERING, INC., FOR WATER DISTRIBUTION SYSTEM IMPROVEMENTS FOR THE ARCH ALUMINUM & GLASS COMPANY PROJECT LOCATED ON THE SOUTH SIDE OF NW 67TH STREET BETWEEN PROPOSED HIATUS ROAD AND NOB HILL ROAD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Laser Engineering, Inc., has constructed the Water Distribution System Improvements in accordance with the Site Plan approved by the City Commission on September 13, 1995; and WHEREAS, the Water and Sewer Developer's Agreement accepted and executed by the City of Tamarac on December 13, 1995, requires Laser Engineering, Inc., to provide a Warranty Bond to the City of Tamarac for the Arch Aluminum & Glass Company Project Water Distribution System Improvements located on the south side of N.W. 67th Street between proposed Hiatus Road and Nob Hill Road (attached hereto in map form as "Exhibit 1 "); and Temp. Reso.7575 October 3, 1996 2 WHEREAS, Laser Engineering, Inc., has requested the release of a Public Improvements Performance Bond in the form of a Surety Bond #X05333 from Preferred National Insurance Company in the amount of $65,500.00 (attached hereto as "Exhibit 2") subject to the receipt of a one-year Warranty Bond in the amount of $16,375.00 to the City of Tamarac for the Water Distribution System Improvements installed in Arch Aluminum & Glass Company; 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 Arch Aluminum & Glass Company 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 Laser Engineering, Inc., for the Arch Aluminum & Glass Company Project Water Distribution System Improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: Temp. Reso.7575 October 3, 1996 3 SECTION L. The foregoing "WHEREAS" clauses are hereby ratified and 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 System Improvements in the amount of $16,375.00 for the Arch Aluminum & Glass Company Project in accordance with Section 10-156 of the City Code. SECTION That the City Clerk is hereby authorized and directed to release to the Utilities Department for return to Laser Engineering, Inc., the Performance Bond upon acceptance of the one (1) year Warranty Bond for the Arch Aluminum & Glass Company Project. The bond is in the form of a Surety Bond #X05333 in the amount of $65,500.00 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_ If any clause, section, other part or application of this 1 1 L'i Temp. Reso.7575 October 3, 1996 4 Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6: passage and adoption. 1997. This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this day of , ATTEST: CAROL A. EVANS, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form MITCHELrS. KRAFT CITY ATTORNEY Utilities/dav/aml da" ) X, L LARRY MISHKIN VICE MAYOR RECORD OF COMMISSION VOTE MAYOR DIST DIST MST DIST R � 0 EXHIBIT 1 �_ 9 �_ O-Z 70 ST TEE MCNAB ROAD PLAT J & J PLAT TAMARAC MARKET PLACE A a TAMARAC 1299 0 LAND TRUST a u' o ��`' 70 CT U m 70 ST 70 ST m a r G8 PL TAMARAC GARDENS WEST 67 CT 70 ST LnR cr�w F- TAM AC GAR ENS EA T 3 PLAT LuvtahAw 1, i ,w. M1MH WEST' 0 2 ; - r�. r 67 ST w � 67 w 6 7 ST r W w v w/;G �� p T T o w 66 66 CT g W s� 71 S V rL J /96 AV J .+. a. 65 pl_ // ON � w� 66 ST _ g D, WOOD 1 (SPYGLAS�j' LOCATIUN r� 65 CT . -� THIS SITE 0 94 TERR Z v v THE VILLAGE w ��v= r r• r• v w< \�:N \ C ayt ST 6OLF C❑URSE -------------- N, GRAND DUKE C. SANTA R❑SA DR. PUBLIC SERVICES N. PLUM BAY PKWY N. P M BAY PKWY COMPLEX -j PLUM HARBOR C. RED HEART LN � r j. 0 � VERM❑SA L. W j S. GRAND DUKE C. w u x z z a STATE STREET Q PLUM w � PLUM c , HARBOR \ti\\HARB R CCD X�\��\�� V.G,C, PARK \\\\\ (VISUAL GRAPHICS) Cl 3 GRAPHLINE ST❑R❑PACK ti m rz� �� ti � �1 \ � FERGUSON sn CORP, CL COMMERCI�=LBL—VD AAPBR,DWG ARCH ALUMINUM & GLASS COMPANY, INC., PERFORMANCE BOND RELEASE EXHIBIT 2 r C/ % - TR 7575 • i N R NT P RF g N) BOND NO: X05333 KNOW ALL MEN BY THESE PRESENTS: That T r - : R-N - having an address oz_ ?.o._ BCY q-a.�� as PrInC=pa_S, ^:av_ngan -=aa es_ cf L _ a CC.^C_._Z-oil, ex-,_ ?_nd :":aJ__^.0 he_�C..�,__ ComTJ.._=r" W=�� .__ t._., _?C•"__=."1e_^.C3 .,�. C^c Cora�_on tG ^:SdGt rl S_neSS t_^. 5 St_-- he:.�, J, aCCr�S.. ._ IJ�w Nc^_:~tATeSt G..-.--=.`✓�-.r,e, �a:%...�ar �,- ..^' - ✓C^.;.M�,7 + rid:, Soo .00-__r.^__-i / �...'n%_,.._ -t1C �J:._��'�. S�.wr�ti. SC:m wc�_ :tee �._ d to tea- d c_ Tama�� t^ sa d p- ~' Sa-_ Sur'_. µG ere^v ti�nd c-Se_ves' "etr3, ex _mow _ �al'_ W_ _5, SLCCeSs^" �^s _ aS �ilC l'GJ'e ma'V' be, �^i....1V ai1G' Je-Te'_'G�_'_! / ;i t."?ese p: es=rl w is r W= 7R4AS, the sa,d Pr�nc- za_ Is =ecu,r=c `o .ash a �� cperfz=nance Bond to guarantee _mp_c';e-Me.n.ts as 4ndd ateo? cn _^.e Ceted �' Ccs- .Jt_Iiat� (Exh_b, t "A" attached) and on - . ans ^t epared by AR,.m & and app� oved by 1 _ - the Uti es Director or his designee on for the �.CH MT Y TSS DPr0]eCt and to comply with requirements of G! is Tamarac City Code Section 10- 156. 950814 1 SURETY • r� u • The City is authorized to draw drafts at sight accompanied by a signed statement for the City of Tamarac or its authorized represe.^,tative that: 1. The drawing is due to LASESS 7NCTN--,=�7S• -N� fa_-ure to construct tne publ_c improvements; 2. That the developer's obligations ha -re not been completed and .ne w_ty cf Tamarac has been not_ed that the bend w-il not be extended' 3. That a warran by T=zmarac C_�y Code has net been prov_de_. This instrument shall be automat_ca__y renewed _ _ e SuCG S5_ e peOne ( ) year eac.^. i :,,'. e S S 4_':e 5 a - sl t _ tj! Or th said Pr_nc_pa= r_ _te.. not_Ge to the C_�y Clerk v_� -eg=reG ma'_- 0= the__ ner _ extended, which notice must be p.:ov_ed at least sixty (60 s ca V pr_Gr to the expiration date act the cr_gina- ter-n hereof or anv Ore (1 ) a�� ,.. � yY term, Cr unless the C __:V or Tamarac t'.:r7,5 e t n or_g_nal letter of credit together w:�th nct___cat_on t:'- _* m aV be te_-,,_nated. j T :.ls bond shall remain i n foil force until improvements have been accepted by the City Commissicn and replaced by a Warranty Sond as required by City Code Section 10-136. 950814 K SURETY • IF W'T_T\MSS wHER£0; , the :above bounder- par 4ics have executed their instrument by affixing their corporate names and Teals hereto and causing theiw autlhorized representatives to sign these presents, pursuant to the authority of *heir governing bodies on this �- day of S.ICNrD A -NO SF,ALED IN THE PRESENCi OF: LASER ENGINFFRING,INC- I 1. to pr:Lnci.pa?) ( tle) for th? Presiden" !� Gary Bal, President Attested by PRx'FEPJ EA N;,iIONAL INSURANCE CO2-TAN' (Title) ,1 (Title) for SUX-etYMICHAEL BONET Licensed Florida Res' eut t an' Attorney -in -Fact Attes.te,-4 Secretary (Title) NOTE: The re-spective corporate seals should be affixed: Approved as to Form Approved as to Content City Attorney 95081� 3 Utilities Director SURETY RIOER ADDING AOO►TIONAL _ IGEE 6 _ u C� C� To be attached to and form a part of Sub Division Bond Number X0--333 dated the 24th day of January 199 issued by Preferred National Insurance Companvs Surety. on behalf of Laser En ineerin Inc - as Principal, on the contract for Arch Aluminum b Glass Faci 1 i t in favor of City of Tamarac of Broward County as Obligee. WHEREAS, upon the request of the rrincipal and the Oblieee the attached Bond is hereby amended by adding Butters Construction b Development, Inc. in its capacity as General Contractor as an Additional Obligee. PROVIDED, HOWEVER, that there shal! be no liability under this Bond to the Obligees, or either of them, unless the said Obligees, or either of them, shall make payments to the Principal strictly in accordance with the terms of said contract as TO payments, and shall perform all of the other obligations to be performed under said contract at the time and in the manner therein set forth; all of the acts of one Obligee being binding on the other. In no event shall Surety be liable in the aggregate to both of the Obligees for more than the penalty of the attached bond, nor shall Surety t e, liable except for a single payment for each single breach or default. At Surety's election any payment due to either Obligee may be made by its check issued jointly to both. This bond is executed in compliance with all of the provisions of Florida Statute, Section 713.01 (1 6) and 713. which provisions are incorporated herein by reference_ In the event of a conflict between the provisions of said Sections) and those contained in the Bond, the aforementioned Section(s) shall govern. The attached Bond shall be subject to all of its terms, conditions and limitations except as herein provided. Signed, sealed and dated this 24th day of January , 1996 ACCEPTED: LASER ENGINEERING INC. Principal By. J ry esi ent CITY C�AnRAC of nowARD COUNTX Cbhgea PREFERRED NATIONAL INSURANCE COMPANY Surety i By. M I CHAEL BONET, Attorney -in -Fact and Licensed Florida Resident Agent