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HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-018Temp. Reso. #10015 January 3, 2003 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003-_/�' 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 SURETY BOND #1043054 FROM XL SPECIALTY INSURANCE COMPANY IN THE AMOUNT OF $84,936.00, SUBJECT TO THE RECEIPT OF A ONE-YEAR WARRANTY BOND IN THE AMOUNT OF $31,796.75 FOR THE WATER DISTRIBUTION AND SEWAGE COLLECTION SYSTEM IMPROVEMENTS INSTALLED BY INDUSTRIAL DEVELOPMENT COMPANY OF AMERICA, L.L.L.P., FOR THE MCNAB BUSINESS PARK PROJECT LOCATED AT 10300 — 10428 WEST MCNAB ROAD; AUTHORIZING THE CITY CLERK TO RELEASE SURETY BOND #1043054; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Industrial Development Company of America, L.L.L.P., has constructed the McNab Business Park Project and installed the Water Distribution and Sewage Collection System Improvements in accordance with the Site Plan approved by the City Commission on June 27, 2001; and WHEREAS, the Water and Sewer Developer's Agreement accepted and executed by the City of Tamarac requires Industrial Development Company of America, L.L.L.P., to 1 Temp. Reso. #10015 January 3, 2003 2 provide a Warranty Bond to the City of Tamarac for the McNab Business Park Project Water Distribution and Sewage Collection System Improvements located at 10300 —10428 West McNab Road (a copy of which is attached hereto in map form as "Exhibit 1" ); and WHEREAS, Industrial Development Company of America, L.L.L.P., has requested the release of a Public Improvement Performance Bond in the form of Surety Bond #1043054 from XL Specialty Insurance Company in the amount of $84,936.00 (a copy of which is attached hereto as "Exhibit 2") subject to the receipt of a Warranty Bond in the amount of $31,796.75 to the City of Tamarac for the Water Distribution and Sewage Collection System Improvements installed for the McNab Business Park 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 WHEREAS, it is the recommendation of the Director of Utilities that the Public Improvement Performance Bond be released for the McNab Business Park 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 Temp. Reso. #10015 January 3, 2003 3 Improvement Performance Bond subject to the receipt of a Warranty Bond from Industrial Development Company of America, L.L.L.P., for the McNab Business Park Project Water Distribution and Sewage Collection System Improvements. 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 part of this resolution. SECTION 2: The appropriate City Officials are hereby authorized and directed to release to the Utilities Department for return to Industrial Development Company of America, L.L.L.P., a Public Improvement Performance Bond in the form of Surety Bond #1043054 in the amount of $84,936.00 subject to the receipt and acceptance of a Warranty Bond for the Water Distribution and Sewage Collection System Improvements in the amount of $31,796.75 for the McNab Business Park Project located at 10300 — 10428 West McNab Road in accordance with Section 10-156 of the City Code. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Temp. Reso. #10015 January 3, 2003 4 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. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 22nd day of January, 2003. JOE SCHREIBER ATTEST: MAYOR RECORD OF COMMISSION VOTE: MARION SWENSON, CMC MAYOR SCHREIBER CITY CLERK DIST 1: V/M. PORTNER DIST 2: COMM. MISHKIN DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS I HEREBY CERTIFY that I have approved this RESOLUTION as to form. i v MITCHELL S. tKRAFT CITY ATTORNEY JD/DM/mg EXHIBIT 1 TEMP. RESO. # 10015 a w � w a L3 3 t¢4 LN. HITMA LN. 1% p�- TRII BAILEY LNGP d� PERIW NKEL LN. dCAPTIVA d EA H B SCUS LN. d PALM ZIDGE N. JEWEL BOX LN. o N�,EL WING DR. 71 pL WEST fW0❑D 71 SI p G� 7 0 o S�rs� g-7 �p o MCNAB ROAD G� j1 ~ �1 Sr r 7 d 7d o a m C3 TEE PLAT TAMARAC v1 MARKET ------------------------------ PLACE SITE LOCATION CITY FURNITURE ZEPHYRHILLS L❑VESHAW T.T.W. MIMA 67 ST W SUNBELT MEDIA❑NE PRECISI❑N ` ARCH W ALUMINUM A� W W CULLIGAN J WATER J COMPANY 2 = W z o QW z •n VW ---..--.........--..-....---------------------------------------•---------"---.......... ....,. PUBLIC SERVICES LAND SEC, COMPLEX d 7 3 N a a wv, 0. W STATE STREET ______ Ld Q WESTP❑INT WESTP°INT w > a DISTRIBUTI❑N G r 3 CENTRE 1 a- L� w y O a oG � U J d i McNAB BUSINESS PARK.DWG McNAB BUSINESS PARK PERFORMANCE BOND RELEASE Exhibit; "2" Project Name: Bond #1043054 SUBDIVISION IMPROVEMENT PERFORMANCE BOND McNab Business Park INDUSTRIAL DEVELOPMENT CO. OF KNOW ALL MEN BY THESE PRESENTS: That AMERICA LLLP 4100 N. Powerline Road Ste B-2 having an address of Pompano Bch, Fl 33073 as Principals, and XL Specialty Insurance Company having an address of 1450 E American Lane 19th Floor. Schaumburg. -IL 60173 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 Eighty four thousand nine hundred thirty six Dollars ($84, 936.0)Q 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 Schwebke Shiskin &Assoc, Inc. Estimated Cost (Exhibit A attached) and on plans prepared by and approved by the Utilities Engineer or his designee on Ju_ 1Y 5 the McNab Business Park Project and to requirements of Tamarac City Code Section 10-156. , 20 01, for comply with 981218 1 Subdivision improvement Performance Bond t ' ` The City is authorized to draw drafts when it is accompanied by a signed statement from the City of Tamarac or its authorized representative that: 1. The drawing is due to McNab Business Park's 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 bond 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. 981218 2 Subdivision Improvement Performance Bond IN WITNESS WHEREOF, the above bounden parties have executed their instrument by affixing their partnership names hereto and causing their authorized representatives to sign these presents, pursuant to the authority of their governing bodies on this end SIGNED AND SEALED IN THE PRESENCE OF: (As t , artner) day of November 20 of INDUSTRIAL DEVELOPMENT CO. OF AMERICA, LLLP LEE S. LASSER, AS PARTNER Attested by (Title) XL Specialty Insurance Com an (Title) for Surety (5 e -lttac Powe f Attorney) A est d y rald Lr��In-Fact & Florida Resident Agent 981218 3 Subd.,.isicn Improveme^t Performance Bond KNOW ALL MEN BY THESE PRESENTS: That the XL SPECIALTY INSURANCE COMPANY, a corporation organized and existing by virtue of the laws of the State of Illinois ("Company" or "Corporation"), does hereby nominate, constitute and appoint, Michael A. Holmes, Gerald J. Arch, James F. Murphy, Jeffrey Leggett and Susan Bohm as employees of Brown & Brown, Inc., its true and lawful Attomey(s)-in-fact to make, execute, attest, seal and e required, any and all bonds, undertakings, recognizances and written obligations in the nature deliver for and on its behalf, as surety, and as its act and deed, wher thereof, the penal sum of no one of which is in any event to exceed $S,000,OOD.00 as required by Surety Obligees. Such bonds and undertakings, when duly executed by the aforesaid Attomey(s)-in-fact shall be binding upon the said Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and scaled with its corporate seal. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the Sth day of December, 1988: "RESOLVED, That the President or any Vice President of the Company or any person designated by any one of them is hereby authorized to execute Powers of te in behalf of the Company, bonds, undertakings and all contracts of suretyship, Attorney qualifying the attorney named in the given Power of Attorney to execu and that any Secretary or any Assistant Secretary of the Company be, and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the Seal of the Company. FURTHER RESOLVED, That the signature of such officers and the Seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking or contract of suretyship to which it is attached." Bonds executed under this Power of Attorney may be executed under facsimile signature and seal pursuant to the following Resolution adopted by the Board of Directors of the Company on August 7, 1997. "RESOLVED, That the signature of Stanley A. Galanski, as President of this Corporation, and the seal of this Corporation may be affixed or -printed on any and. all bonds, undertakings, recognizances, or other written obligations thereof, on any revocation of any Power of Attorney, certificate relating thereto, by or'on any certifi facsimile, and any Power of Attorney, any revocation of any Power of Attorney, bonds, undertakings, recognizances, certificate or other written obligation, bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF, the XL SPECIALTY INSURANCE COMPANY has caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officers this 3rd day of January, 2000. XL SPECIALTY INSURANCE COMPANY . . BY: PRESIDENT { Attest: �...... 2iiiio+� ^"•'"" SECRETARY STATE OF ILLINOIS COUNTY OF COOK ss. me known, who, being duly sworn, did depose and say: that a Is President or Ine On this 3rd day of January, 2000, before me personally came Stanley A. Galanski to Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Company; and that he executed the said instrument by like order and authority: OFFICIAL SEAL JOETTE R. CASTRO NOTARY PUBLIC, STATE OF LLNOIS Y COMMISSION EXPRES: 12H 31U3 P. STATE OF ILLINOIS —( e L/ oO NOTARY PUBLIC COUNTY OF COOK SS. corporation of the State of Illinois, do hereby certify that the above and foregoing Is a I, Ben M. Llaneta, Secretary of the XL SPECIALTY INSURANCE COMPANY a I have compared same with the original and that it is a correct transcript therefrom full, true and correct copy of Power of Attorney issued by said Company, and that and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, at the City of Schaumburg, this Ind _ day of November, 2001 r„o�ww,rr,eh A0 �N5...... a. I. 0,, SECRETARY CITY OF TAMARAC UTILITIES CERTIFIED., COST E57',VLkN7Z PROJECT NAME: KcNab Business Park DEVELOPER: Industrial Development COMPazY Of America LLLP Total Public Cost % Fee Total Fee Water Distributlpn $ 61,160.00 8,25% $ 5,047.70 Sawer Collection $ 23 776.00 8.25% $ 1 961, TOTALS: $ 84,936.00 Total from Cost Est. *TOTAL Fee; $ 7,009.22 LESS fees paid; `BALANCE DUE: $ 'FEES ARE NON-REFUNDABLE CERTIFICATE: I hereby Certify that this actual cost is true and correct to the best of my knowledge and belief and represents the total site development costs for the project. Alrl6fKen W. Groce, P,E„ Vice President 35944 e Project Engineer Reg, No. Schw7ebke-shiskin &•ABsociates, ric. Public Improvement Warranty Bond from above: Cost = $ 84,936 '0 x10-0$ 84,936 Approval by the Utility Engineer: Date: �J Remarks: Page 1