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HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-012u 1 Temp. Reso. #10010 January 8, 2003 Page 1 of 3 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003- 1,7-?, A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO RELEASE A PERFORMANCE BOND IN THE FORM OF SURETY BOND #423443 FROM AMERADA HESS CORPORATION IN THE AMOUNT OF $25,726.03 FOR PAVING AND DRAINAGE IMPROVEMENTS LOCATED AT THE HESS GAS STATION ON 8550 NORTH UNIVERSITY DRIVE SUBJECT TO THE RECEIPT OF A WARRANTY BOND IN THE AMOUNT OF $6,431.51; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Amerada Hess Corporation has filed with the City of Tamarac a performance bond in the form of Surety Bond #423443 in the amount of $25,726.03 for paving and drainage improvements located at the Hess Gas Station on 8550 North University Drive in accordance with the certified cost estimate, a copy of which is attached hereto as "Exhibit A"; and WHEREAS, the paving and drainage improvements for Hess Gas Station have been inspected and found acceptable by the Public Works Engineering Division; and WHEREAS, it is the recommendation of the Public Works Director and the Assistant City Engineer that this performance bond be released subject to receipt of a warranty bond in the amount of $6,431.51 as required by Section 10-156(b) of the City Code; and Temp. Reso. #10010 January 8, 2003 Page 2 of 3 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 this performance bond in the form of Surety Bond #423443, in the amount of $25,726.03, posted for paving and drainage improvements located at the Hess Gas Station on 8550 North University Drive. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: Section 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific park of this resolution. Section 2: The appropriate City Officials are hereby authorized to release this performance bond in the form of Surety Bond #423443 in the amount of $25,726.03 posted by Amerada Hess Corporation for the paving and drainage improvements located at the Hess Gas Station on 8550 North University Drive, subject to the receipt of a warranty bond in the amount of $6,431.51. Section 3: That all Resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 4: 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. C Temp. Reso. #10010 January 8, 2003 Page 3 of 3 1 17 1 Section 5: and adoption. This Resolution shall become effective immediately upon its passage PASSED, ADOPTED AND APPROVED this 8t" day ofJanuary 2003. ATTEST: Z "o MARION S ENSON, CMC CITY CLERK HEREBY CERTIFY that I have approved this RESOLUTION as to form. ITCHELL I CITY ATT JOE SCHREIBER MAYOR RECORD OF COMMISSION' MAYOR SCHREIBER DIST 1: V/M. PORTNER DIST 2: COMM. MISHKIN DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS _ EXHIBIT'W" Temp. Reso. #10010 Page 1 of 4 BOND # 423443 SUBDIVISION IMPROVEMENT PERFORMANCE BOND Project Name: HESS EXPRESS 8550 NORTH UNIVERSITY DRIVE KNOW ALL MEN BY THESE PRESENTS: That AMERADA HESS CORPORATION having an address of ONE HESS PLAZA, WOODBRIDGE, NJ 0709As Principals, and SEABOARD SURETY COMPANY, AS SURETY having an address of 233 Broadwa New York NY a corporation, existing under the laws of the State of Florida, 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 Twenty five thousand seven hundred twenty six & 03/100 Dollars ($25,726.03 ), 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, executors, 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 Gee & Jenson E-A-P, Inc. and approved by the City Engineer or his designee on March 20 , 2002 ,for the Hess Express 8550 North Universit Dr. Project and to comply with requirements of Tamarac City Code Section 10-156. 1 EXHIBIT "A" Temp. Reso. #10010 Page 2 of 4 The City of authorized to draw drafts at sight accompanied by a signed statement for the City of Tamarac or its authorized representative that: 1. The drawing is due to AMERADA H.ESS CORPORATION 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 term hereon or any one (1) year term, or unless the City of Tamarac returns the original letter of credit together 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. K EXHIBIT "A" Temp. Reso. #10010 Page 3 of 4 IN WITNESS WHEREOF, the above bounden parties have executed 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 22ND day of , 20U_ SIGNED AND SEALED AMERADA HESS CORPORATION IN THE PRESENCE OF: F.B. WALKER EXECUTIVE VP REFINING & MARK ING (As to Principal) (Title) for the President Attes ed by D.E. FRIEDMAN Countersigned By: W. Robert H. Bond ASSISTANT SECRETARY (Title) SEABOARD SURETY COMPANY (TiW folurety� rna askin, ttorney-in-Fact Attested by Donna Pay (Title) NOTE: The respective corporate seals should be affixed: 3 EXHIBIT "A" Temp. Reso. #10010 Page 4 of 4 �pR►O o Project Name: Developer: Engineer: CITY OF TAMARAC CERTIFIED COST ESTIMATE PRIVATE PUBLIC HESS STATION NO. FL160 AMERADA HESS CORPORATION GEE AND JENSON, INC. TOTAL COST FEE AMOUNT Private Public % Fee Private Public Roadway Construction $79,383.12 $6.639.03 8.25% $6,549.11 $547.72 Drainage Construction $33,766.70 $2,510.39 8.25% $2,785.75 $207.11 Landscaping and Irrigation $47,000.00 $0.00 8.25% $3,877.50 $0.00 Sidewalk Construction $2,474.43 $3,650.11 8.25% $204.14 $301.13 Site Preparation Lighting Construction $0.00 $22,046.96 $742.50 $0.00 8.25% 8.25°% . $0.00 $1,818.87 $61.26 $0.00 Clearing and Grubbing $132.00 $44.00 8.25% $10.89 $3.63 Mobilization Maintenance of Traffic $70.00 $30.00 $70.00 $60,00 8,25% 8.25°% $5.78 $2.48 $5.78 $4.95 Testing & Miscellaneous Utility Relocation Pavement Marking & Signing TOTALS: $6.00 $0.00 $1,500.00 $186,409.21 $10.00 $10,000.001 $2,000-001 $25,726.03 8.25°% 8.25"% 8.25°% $0.50 $0.001 $123.751 $15,378.761 $0.83 $825.00 $165.00 $2,122.40 Total Fee: 1 $17,501.16 CERTIFICATION: I hereby certify that this estimate is true and correct to the best of my knowledge and belief and represents the total site development costs for the project. ' 46 d 757� Date Engineer ignature Reg. No. Public Improvement Performance Bond from Total Public Cost above (Required at permit issuance): Cost = $25,726.03 x 100% = $25,726.03 Public Improvement Warranty Bond from Total Public Cost above (Required for 1 year after final acceptance): Cost = r25,726.03x 25% = $6,431.51 Approved by: I pate: /o2