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Home My WebLink AboutCity of Tamarac Resolution R-97-270Temp. Reso.#8023 October 1, 1997 1 CITY OF TAMARAC RESOLUTION NO. R-97- o? %0 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 FROM AMWEST SURETY INSURANCE COMPANY #030001717 IN THE AMOUNT OF $37,667.88 SUBJECT TO THE RECEIPT OF A WARRANTY BOND IN THE AMOUNT OF $9,794.00 FROM SHAKMAN CONSTRUCTION COMPANY, INC., FOR WATER DISTRIBUTION AND SEWAGE COLLECTION IMPROVEMENTS FOR THE BUDGET MINI STORAGE PROJECT LOCATED AT 8300 NORTH UNIVERSITY DRIVE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, Shakman Construction has constructed the Budget Mini Storage Project and has installed the Water Distribution and Sewage Collection System Improvements in accordance with the Site Plan approved by the City Commission on May 8, 1996; and WHEREAS, the Water and Sewer Developer's Agreement accepted and executed by the City of Tamarac on June 26, 1996, requires Shakman Construction Company, Inc., to provide a Warranty Bond to the City of Tamarac for the Budget Mini Storage Project Water Distribution and Sewage Collection System Improvements located at 8300 North University Drive (attached hereto in map form as "Exhibit 1"); and Temp. Reso.#8023 October 1, 1997 2 WHEREAS, Shakman Construction Company, Inc., has requested the release of the Public Improvement Performance Bond in the form of a Surety Bond from Amwest Surety Insurance Company #030001717 in the amount of $37,667.88 (attached hereto as "Exhibit 2") subject to the receipt of a one-year Warranty Bond in the amount of $9,794.00 to the City of Tamarac for the Water Distribution and Sewage Collection System Improvements installed for the Budget Mini Storage Project; and WHEREAS, the Improvements were inspected, approved and are recommended for acceptance for a one-year warranty period by the Utilities Engineering Division; and Ll WHEREAS, it is the recommendation of the Director of Utilities that the Public Improvement Performance Bond be released for the Budget Mini Storage Project Water Distribution and Sewage Collection 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 Shakman Construction Company, Inc., for the Budget Mini Storage Project Water Distribution and Sewage Collection System Improvements. 1 Temp. Reso.#8023 October 1, 1997 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: 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 and Sewage Collection System Improvements in the amount of $9,794.00 for the Budget Mini Storage Project located at 8300 North University Drive in accordance with Section 10-156 of the City Code. SECTION 3: That the City Clerk is hereby authorized and directed to release to the Utilities Department for return to Shakman Construction Company, Inc., the Performance Bond upon acceptance of the one (1) year Warranty Bond for the Budget Mini Storage Project. The bond is in the form of Surety Bond from Amwest Surety Insurance Company #030001717 in the amount of $37,667.88 for the Water Distribution and Sewage Collection System Improvements. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 1 1 1 Temp. Reso.#8023 October 1, 1997 4 SECTION 5: If any clause, section, other part or application of this 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: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this/,z_day of xLavr 1997. ATTEST: CAROL A. EVANS, CMC CITY CLERK I HEREBY CERTIFY that I have `___ CITY ATTORNEY TR/dav/aml JOE SCHREIBER MAYOR RECORD OF COMMISSI MAYOR —SCHREIBER DIST 1: COMM. MCKAYE DIST 2: WM MISHKIN DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS VOTE EXHIBIT 1 TRMP. RWO. •8008 le VETERANS' PARK SITIN C14/CYPRL.SS CREEK CANAL LOCATTQN X//mw S❑UTHGATE BLVD W W W W W W W CHEVRHN 85 CT 4Y _ W W W W W W W S❑UTHGAIL GAR);)ENS S❑UTWGATE APTS DON _ W W W W CARTER"S F v z W W W W W a W SUNFLOWER Q W W y W W W W 2 M, 84 ST 84 ST 24 S- 84 ST W L W W W W W W W W W W W TARCiF.I 83 S'I 83 ST W W •Y W W W W Q W W W W W V Q n C CT W W W W W W AMOC❑ ,� 7 ¢ 8P i W y W W W O W �w Li n n n /. o SAP S W WY W Z W��P TR51 W N.AMER, g2 W / CASSIA 8P ST a W W W (Y C T i.,,' 81. P 1 Li TR53 W❑❑DM❑NT (n 81 PL SH❑PPES ,.._., z 7 81 CKI t_.a d N V G, t W (.. --- z o a n ] 81. CT C I- ¢ O J W r ) 2 V'n W W Q / 81 S T n J d o q 81 S I W n 4 \� / W "Q 80 PL V) W W 4�-� // W - W L..L > 80 CTj j/jjJ// 60 Cr W y W W T R 5 4 ¢ Q 80 ST W y W W W W �!,�•%//j�//Y �J n 80 ST ¢ Q W mil• W W W W W`/i�i1 Y '`/�!/I W �� W .ti C.J r w 2 �. 2N,• W FERN CIR i 79 ST m HE THGATE D W W U -7 TR55 >n W W / a TR6 Z m ¢ n mw 79 ST W W oG /)' 78 CT w n ] AVAL❑N zLDLAN S .0 3 T rHe prNr W T m Q 78 Cl S � Cl / 78 PI ESTATES " EY w 78 ST ~ ] ILI 4.. > Li THE CENTRE aw i-1 < cv �' OD W z r r a q �4d� // j%/ n WOODMONT a W n n U n 78 ST 78 ST 77 ST P R D TAMARAC Q j ELEM Q � j 76 PI. WEST ❑❑ 17 ❑ / G<v� SCH011. ry /7 W ] /Q mcu 76 DR /n 3 n n / 76 CT / n 76 DR 76 CT j /'TF�MARAC /j. !j S.BELL Q i/ /i iii• / / /6 S i n F & D 1 .% 76 ST /PARK BUDMINL➢WG BUDGET MINI STORAGE PERFORMANCE BOND RELEASE ` EXHIBIT 2 Temp. eso.#8023- PREMIUM CHARGED MIJAL BASIS Bond #030001717 KNOW ALL MEN BY THESE PRESENTS: That SHAKMAN CONSTRUCTION COMPANY, INC. having an address of . 5455_North Federal Highway, Suite P, Boca Raton, Florida 33487 as Principals, and AMWEST SURETY INSURANCE COMPANY having an address of 500 West Cypress Creek Road Suite 770 Fort Lauderdale Florida 33309 N2,bra k a corporation, existing under the laws of the State of ax and having heretofore complied with all the requirements of the laws of the State of Florida regulating the admission of such corporation to transact business in this State, as Surety, are held and firmly bound unto the City of Tamarac of Broward County, a Municipal Corporation of the State of Florida, having an address of 7525 Northwest 88th Avenue, Tamarac, Florida, 33321 in the full and just -sum of Thirty Seven Thousand Six_Hundred Sixty Seven and 881100** Dollars ($ 37,667.88** ),lawful money of the United States of America, for which sum well and truly to be paid to said City of Tamarac, the said Principal and the said Surety do hereby bind themselves, their heirs, exscutors, administrators, successors or assigns respectively, as the case may be, jointly and severally, firmly by these presents. WHEREAS, the said Principal is required to furnish a Performance Bond to guarantee the installation of public improvements as indicated on the Certified Estimated Cost (Exhibit "A" attached) and on plans prepared by Jonathan W. Keith, P.E. u++��-�eS and approved by the -biikEc-TZ�T{ or his designee on Ma�_30th JI 1926 for the Budget Mini Storage - Tamarac Project and to comply with requirements of Tamarac City Code Section 10- 156. 95081.4 l SURETY • r� The City is authorized to draw drafts at sight accompanied by a signed statement for the City of Tamarac or its authorized representative that: I. The drawing is due to i"TARD failure to construct the public improvements; 2. That the developer's obligations have not been completed and the City of Tamarac has been notified that the bond will not be extended; or 3. That a warranty bond that is required by Tamarac City Code has not been provided. This instrument shall be automatically renewed for successive periods of one (1•) year each unless the said Surety and/or the said Principal provide written notice to the City Clerk via registered mail of their intent to terminate the credit herein extended, which notice must be provided at least sixty (60)days prior to the expiration date of the original tern hereof or any one (2)' year term, or unless the Citv of Tamarac returns the original letter of credit toge"her with notification that it may be terminated. This bond shall remain ,in full force until improvements have been accepted by the City Commission and replaced by a Warranty Bond as required by City Code Section 10-156. 950814 E SURETY IF WITNESS WHEREOF, the above bounden parties have..exeeuted their instrument by affixing their corporate names and seals hereto and causing their authorized representatives to sign these presents, pursuant to the authority of their governing bodies on this 26th day of September , _ 19 96 SIGNED AND SEALED IN THE PRESENCE OF: Barry Miller SHAKMAN CONSTRUCTION COMPANY, INC. ,T01- Far the President Michael Goldman � Attested by Marvell A. Scott (Title AMWEST) RETV `(-itle ) for Da 'd Rodrigue A ested by N,�URANCE COMPANY ty Attorney-'r-Fact w re 7: .r~... ,woad Jamie DoutBond Clerk Title NOTE: The respective corporate seals should be affixed: Approved as to Form Approved as to Content City Attorney 950814 3 r LjTi CITIES -b CrcP SURETY 7 EXPIRATION DATE 8-23-98 POWER NUMBER 0000637784 READ CAREFULLY This document is printed on white paper containing the artificial watermarked logo (A ) of Amwest Surety Insurance Company (the "Company') on the front and brown security paper on the back. Only unaltered originals of the POA are valid. This POA may not be used in conjunction with any other POA. No representations or warranties regarding this POA may be made by any person. This POA is governed by the laws of the State of Califomia and is only valid until the expiration date. The Company shall not be liable on any limited POA which is fraudulently produced, forged or otherwise distributed without the permission of the Company. Any party concerned about the validity of this POA or an accompanying Company bond should call your local Amwest branch office at 0 776-7812 t-NU W ALL ti Y I ril;Sh I`KhSt:N 7-, that Amwest Surety Insurance Company, a Nebraska corporation constitute and appoint: DAVID RODRIGUEZ DOREEN M. SIIEARIN MONICA A. MORGAN DONALD HALL AS EMPLOYEES OF MWEST SURETY INSURANCE CO its true and lawful Attorney -in -fact, with limited power and authority for and on behalf of the Company ass thereto if a seal is required on bonds, undertakings, recognizances, reinsurance agreement for a Miller Act1 the nature thereof as follow Bid Bonds up to S•"5,000,000.00 Contract (Performance & Payment), Court, Subdivision S•'5,000,000.00 License & Permit Bonds up to 5-5,000,000.00 Miscellaneous Bonds up to S-5,000,000.00 Smell Business Administration Guaranteed Bonds up to S""1,250,000.00 ,( and to bind the company thereby. This appointment is made under and by au ee By -La e [, the undersigned secretary of Amwest Surety Insurance Company, a Ncorporation, H BY force and effect and has not been revoked and furthermore, that the reT ons f the Board for provisions of the By -Laws of the Company, are now in full force c ct.� . YYY �•. Bond No. -. 030001717 Signed 8t sealed This POA is signed and sealed by facsimile under d by W4 Company at a meeting duly held on December 1975- RESOLVED, that the President or any i e el authority as defined or limited in the ins me vi enci ofthe Company to bonds, undertaking , n ces, revoke any POA previously grante erson. DIRECTORS make, to Execute, elf affix the seal of the company r perfo n bo or other written obligations in yy'�'� w�fich are now in full force and effect. TFY that this Power of Attomey remains in full on this Power of Attomey, and that the relevant �rU� C.� Karen G. Cohen, Secretary # III utions adopted by the Board of Directors of Amwest Surety Insurance Secretary or any Assistant Secretary, may appoint attorneys -in -fact or agents with iicase, for and on behal f of the Company, to execute and deliver and affix the seal of al I kinds: and said officers may remove any such attomey-in-fact or agent and RESOLVED FURTHER, that an ond, unde TVogni ce suretyship obligation shall be valid and bind upon the Company: (i) when signed by the President o any Vi rest and and sealed (if a seal be required) by any Secretary or Assistant Secretary; or (ii) when signed by the President or any i e dent r or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney -in -fact or age o (iii) when duly executed and sealed (if a requir one or more attomeys-in-Fact or agents pursuant to and within the limits of the authority evidenced by the power of attomey issue ompany to suc person or persons. RESOLVED FURTHER, that the si na re of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or certification thereof authorizing the execution and deli ery of any bond, undertaking, recognizance, or other suretyship obligations ofthe Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, Amwest Surety Insurance Company has caused these presents to be signed by its proper officers, and its corporate seal to be hereunto affixed this I4th day of December, 1995. -_P1 A State ofCalifornia John E. Savage, Pre dent Karen G. Cohen, Secretary County of Los Angeles On December 14, 1995 before me, Peggy B. Lofton Notary Public, personally appeared John E. Savage and Karen G. Cohen, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me all that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature($) n in ry en szrlpnu o he antan 12chg of which the person(s) acted, executed the instrument. ' • `1u 0,4� I,,� ial seal. i � WITNESSE:z Per � �� C*ffwnhdm #IM8W i �J•' t� = Signature (Seal) L.o@AngWes�:pt�lty .' 2 R�`tf!� Lotion, NotaryPu My Comm, 6tpWoAugb, IOW DEC.14, =Y' 1995 :'0, tn'.. / aF TAM 0 R� coq`pp CITY OF TAMARAC UTILITIES CERTIFIED ACTUAL COST T NAMF,,. BUDGET MINI STORAGE DEVELOPER: lli'13 yr DAUWHIKj), .-iyt,. TOTAL COST FEE AMOUNT Private Public % Fee Private Public Site Preparation 7.15 Paving and Drainage 8.25 Sewer Collection 430.00 8.25 35.48 Water Distribution 38,746.00 7.15 2,770.34 Sidewalks, Curbs & Gutter 8.25 Street, Median cuts (see above) each* Landscaping 7.15 Asphalt resurfacing 2.00 Clearing and Grubbing 7.15 S: &_L 039.176.00 2 0 TOTAL public improvements from the est. cost b)37,667.88 LESS fees paid: 12,717.29 * BALANCE DUE: LESS fees paid: L *FEES ARE NON-REFUNDABLE CERTIFICATE: l hereby certify that this cost is true a cot to the b st of my knowledge and belief and represents the total site development costs for tine pr cct. w SEPTEMBER 17, 1997 HAN W. K��ITH , P.E. 41052 Date Projc._t Engineer Reg. No. Public Improvement Warranty Bond from the greater of a) or b) above: Cost = 39 ,176.00 X 25% = 9,794.00 Aj&oval by the Utility Engineer: 1 Date: la ExHwwT A