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
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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
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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:
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