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HomeMy WebLinkAboutCity of Tamarac Resolution R-99-145Temp. Reso. #8624, May 7, 1999 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-99-- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, TO AUTHORIZE THE APPROPRIATE CITY OFFICIALS TO RELEASE A PUBLIC IMPROVEMENT PERFORMANCE BOND IN THE FORM OF A CASH BOND IN THE AMOUNT OF $5,530.00 AND WAIVE THE REQUIREMENT FOR A ONE-YEAR WARRANTY BOND FOR THE WATER DISTRIBUTION AND SEWAGE COLLECTION SYSTEM IMPROVEMENTS INSTALLED BY McNAB JOINT VENTURE FOR THE WENDY'S AT McNAB MARKETPLACE PROJECT, LOCATED ON THE NORTHWEST CORNER OF McNAB ROAD AND UNIVERSITY DRIVE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, McNab Joint Venture has constructed the Wendy's at McNab Marketplace Project, located on the northwest corner of McNab Road and University Drive and has installed the Water Distribution and Sewage Collection System Improvements (attached hereto in map form as "Exhibit 1 "); and WHEREAS, the Water and Sewer Developer's Agreement accepted and executed by the City of Tamarac on January 14, 1998, for the Wendy's at McNab Marketplace requires McNab Joint Venture to provide a Performance Bond to the City of Tamarac for the Wendy's at McNab Marketplace Project Water Distribution and Sewage Collection System Improvements; and Temp. Reso. #8624, May 7, 1999 2 WHEREAS, the one-year Warranty Bond for this Project would only be $1,382.50; and WHEREAS, because of the minor work performed and the small amount of the Warranty Bond required, the Utilities Department is requesting the waiver of the requirement of City Code Section 10-156 and the Water and Sewer Developer's Agreement; 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 Wendy's at McNab Marketplace Project Water Distribution and Sewage Collection System Improvements and the one- year Warranty Bond requirement be waived; 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 from McNab Joint Venture for the Wendy's at McNab Marketplace Project Water Distribution and Sewage Collection System Improvements and waive the one-year Warranty Bond. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 1 Temp. Reso. #8624, May 7, 1999 3 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 release the Public Improvement Performance Bond in the amount of $5,530.00 for the Water Distribution and Sewage Collection System Improvements for the Wendy's at McNab Marketplace Project and waive the one-year Warranty Bond that would normally be required by City Code Section 10-156 and the Water and Sewer Developer's Agreement. SECTION 3: That the City Clerk is hereby authorized and directed to release to the Utilities Department for return to McNab Joint Venture, the Public Improvement Performance Bond for the Wendy's at McNab Marketplace Project. The bond is in the form of a cash bond for the amount of $5,530.00 for the Water Distribution and Sewage Collection System Improvements, located on the northwest corner of McNab Road and University Drive. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 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 1 Temp. Reso. #8624, May 7, 1999 4 applications of this Resolution. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of , 1999. ATTEST: CAROL G , CMC/AAE CITY LERK I HEREBY CERTIFY that I have appned this ICE � UTION a� to rm I I / MW/krs/mg MITCHELL S. 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