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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-318F �I Temp. Reso. #9554 September 28, 2001 1 Revision 1, November 2, 2001 CITY OF TAMARAC, FLORIDA ' RESOLUTION NO. R-2001-318 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 #MB0049 FROM CONTRACTORS BONDING AND INSURANCE COMPANY IN THE AMOUNT OF $8,625.00, SUBJECT TO THE RECEIPT OF A ONE-YEAR WARRANTY BOND IN THE AMOUNT OF $3,218.75 FOR THE WATER DISTRIBUTION SYSTEM IMPROVEMENTS INSTALLED FOR THE WALGREENS AT WOODMONT SHOPPES PROJECT LOCATED AT 8199 UNIVERSITY DRIVE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Shawe-Ager Construction, Inc., has constructed the Walgreens at Woodmont Shoppes Project and installed the Water Distribution System Improvements in accordance with the Site Plan approved by the City Commission on October 13,1999; and WHEREAS, the Water and Sewer Developer's Agreement accepted and executed by the City of Tamarac, requires Shawe-Ager Construction, Inc., to provide a Warranty Bond to the City of Tamarac for the Walgreens at Woodmont Shoppes Project Water Distribution System Improvements located at 8199 University Drive (a copy of which is attached hereto in map form as "Exhibit 1 "); and Temp. Reso. #9554 September 28, 2001 2 Revision 1, November 2, 2001 WHEREAS, Shawe-Ager Construction, Inc., has requested the release of a Public Improvement Performance Bond in the form of Surety Bond #MB0049 from Contractors Bonding and Insurance Company in the amount of $8,625.00 (a copy of which is attached hereto as "Exhibit 2") subject to the receipt of a one-year Warranty Bond in the amount of $3,218.75 to the City of Tamarac for the Water Distribution System Improvements installed for the Walgreens at Woodmont Shoppes 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 Walgreens at Woodmont Shoppes 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 Shawe-Ager Construction, Inc., for the Walgreens at Woodmont Shoppes Project Water Distribution System Improvements. 1 1 Temp. Reso. #9554 September 28, 2001 3 Revision 1, November 2, 2001 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 Shawe-Ager Construction, Inc., a Public Improvement Performance Bond in the form of Surety Bond #MB0049 in the amount of $8,625.00 subject to the receipt and acceptance of a one-year Warranty Bond for the Water Distribution System Improvements in the amount of $3,218.75 for the Walgreens at Woodmont Shoppes Project located at 8199 University Drive 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. 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 �I Temp. Reso. #9554 September 28, 2001 4 Revision 1, November 2, 2001 applications of this Resolution. i?` SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED, AND APPROVED this 14th day of November, 2001. ATTEST: MARION SW ENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESO ION as to form. T MI CHELL S. FT / CITY ATTORN Y RG/DTM/mg JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER A el DIST 1: COMM. PORTNER Aye. DIST 2: COMM. MISHKIN A er DIST 3: V/M SULTANOF A e. DIST 4: COMM. ROBERTS_Ayee� 1 EXHIBIT I TEMP. RESO. # 9554 C14/CYPRESS CREEK CANAL VETERANS' PARK S❑UTHGATE BLVD S©UT-HGATE B. 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MB0049 KNOW ALL MEN BY THESE PRESENTS: That -cSAt'F-AGM CONE rnzaa' 'Nc' 64 50 FAST ROGERS C:LRCLE having an address of _> A 33487 _ as Principals, and CONTRACTORS BONDING AND INSi1RANC COMPANY having an address of 200 S. Harbor City Boulevard, Suite 402 Melbourne. Florida-32901 a corporation, existm 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 Brov rd County, a municipal corporation of the State of Florida, having an address of 7525 Northwest 88'h Avenue, Tamarac, Florida, 3332.1 in the full 8,625.00 and just sum of _riqht Thousand Sax Hundred Twenty Five. 00/1000oilars (.s ), lawful money of the United Stares 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 MemselvPes, their heirs, executors, administrators. successors or assigns respectively, as the case may be, jointly and severally, firmly by t3 ese presents. WHERi"AS'; the -said Principal is required to furnish a Performance Band to guarantee the installation of public Improvements as indicated on the Cer'til:<ed Estimated Cost (ExhibitA attached) and on plans prepared by SCMARS ENPZr. amp' and approved by the'Utilities Engineer or his designee an DEC ER 28 191, for the Project and to comply with requirements of Tamarac City Code Section 1 0-156. 990606 1 Subdivision :mprgvernene Pedbmunca Fond The City cf 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 °Er/TRTON woonrscr, r, LTD, failure to construct the public improvements; 2. That the Develcper's obligations have not been completed and the City of Tamarac has been notiMed that the bond will not tie extended; or 3. That a warranty band 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 uniess 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 herain extended, which notice must be pr6Vi f+rd' at least sixty (60) daya 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 tba 6ther'Mth notification that it may' be terminated. This bond shall remain in full force until improvements have been accepted by the City Commission and'risplated by a Warianrty Bond as required by City Code Section 1G 156. 8ecam 2 5upan ion improvement Perko -trance 15ond IN WITNESS WHEREOF, the above bounden parties have exem:ted their instrument by affixing their corporate names and seals hereto and causing their authorized representatives to sign these presents, purs:iant to the authority of their governing bodies on this , . 3~1 ST day of MAY � 20.00 SIGNED AND SEALED IN THE PRESENCE OF: (As to Principal) or INC (Ti for the ider�t ,ro�v .V _ Attested by Vtr2i'sm (Title) vice PRESIDE' CO TRACTORS BONDING' ANT: IWSU ANCE COMPANY (Ti ie) far S',JretyATTORNEY -iN--FAC'T' POWER OE ATTORNEY ATTACHED Attasted by (Tide) NOTE: The respective corporate seals should be affhced: Approved as to Form Approved as to Content City Attorney Director of Utilities 98C805 5upolvriivn ImpTcvement Perfamlare Bond No Text