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HomeMy WebLinkAboutCity of Tamarac Resolution R-96-089Temp. Reso.# 7384 - April 3, 1996 Revision #1 -April 26, 1996 CITY OF TAMARAC RESOLUTION NO. R-96- D A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO RELEASE A SUBDIVISION IMPROVEMENT PERFORMANCE BOND IN THE FORM OF A SURETY BOND FROM AMERICAN INSURANCE COMPANY IN THE AMOUNT OF $ 2,610.00 SUBJECT TO THE RECEIPT OF A ONE YEAR WARRANTY BOND IN THE AMOUNT OF $ 652.50 FROM CITIBANK, F.S.B., FOR WATER DISTRIBUTION SYSTEM IMPROVEMENTS IN THE CITIBANK PROJECT LOCATED AT 5825 NORTH UNIVERSITY DRIVE, ADJACENT TO MIDWAY PLAZA; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Citibank, F.S.B., has constructed Citibank Project located at 5825 North University Drive, adjacent to Midway Plaza (attached hereto in map form as "Exhibit 1") and installed the Water Distribution System Improvements in accordance with the Site Plan approved by the City Commission on August 17,1994; and WHEREAS, the Water and Sewer Developer's Agreement for the Citibank Project requires Citibank, F.S.B., to provide a Warranty Bond to the City of Tamarac for the Citibank Project Water Distribution System Improvements; and WHEREAS, Citibank, F.S.B., has requested the release of a Subdivision Improvement Performance Bond in the form of a Surety Bond in the amount of $2,610.00 from American Insurance Company subject to the receipt of a one-year Warranty Bond in 1 Temp. Reso.# 7384 - April 3, 1996 Revision #1 - April 26, 1996 the amount of $652.50 to the City of Tamarac for the Water Distribution System Improvements installed in the Citibank 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 Citibank 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 in the form of a Surety Bond from American Insurance Company in the amount of $2,610.00 subject to the receipt of a one-year Warranty Bond in the amount of $652.50 from Citibank, F.S.B., for the Citibank Project Water Distribution System Improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 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. 2 Temp. Reso.# 7384 - April 3, 1996 Revision #1 - April 26, 1996 SECTION 2- That the appropriate City Officials are hereby authorized to release a Subdivision Improvement Performance Bond in the form of a Surety Bond from American Insurance Company, in the amount of $2,610.00 (attached hereto as "Exhibit 2") subject to the receipt of a one-year Warranty Bond for the Water Distribution and Sewage Collection System Improvements in the amount of $652.50 for the Citibank Project in accordance with Section 10-156 of the City Code. SECTION 3: That the City Clerk is hereby authorized and directed to release to the Utilities Department the subject Improvement Bond for return to Citibank, F.S.B., after the appropriate City Officials have released the bond and received a one-year Warranty Bond in the amount of $652.50. 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 applications of this Resolution. 1 Temp. Reso.# 7384 - April 3, 1996 Revision #1 -April 26, 1996 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this—Lday of AGLy , 199-L. 4 NORMAN ABRAMOWITZ MAYOR ATTEST: g- �� zi::: � �� - CAROL A. EVANS, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to foi.1 I 1 A MAYOR Utilities/dav 1 DIST. 1: kk( M DIST. 2: DIST. 3: MITCHELL S. KFWFT DIST.4: CITY ATTORNEY 4 RECORD OF COMMISSION VOTE • r� �J 4-56-91 EXHIBIT 1 a WOODMONT ALL SAINTS NATIONS SHELL LAKE PLAZA LUTHERAN BANK COLONY (69ST.)Gw o M c N A B ROAD BANK TEXACO TPLAZAC BR❑❑KWI]❑D ¢ PLAZA 7 n w w W W w w w w w w w w w w w UNIVERSITY Ty 17q ST 68 w w W W \\\ w COMMONS d \\ y w w W CA W w w NNdNGq w W w\\�\\ W W ao 67 ST BELLE 3 V. n Q 7ERRE ] OF Q 66 ST N /. CIiQ TAMARACqr ' r ij W w w w n MAINL NDS S 15 / 1" •LLI 65 ST \� \\N\ \\\ \\ \\ \\• \\• w • \ ��. UNIV. 64 CT 0 z S COLONY CIR. + , \ > SHOPPES 64 ST ❑FCS. w W W W w w w w W 64 ST GOLF COURSE, w w w w A EGAN O w w w w w p Z PLAT Q ¢ 63 CT j FAIRVIEW D7711�R, w w \ w \�\�\ o n a ¢ aCT 63 W w w W w w w 63 ST W 63 ST 62 CT REEN WATER 7HUM9 ILLAG OUARE > SAINT 62 ST 62 STD PLANT y y Z MALACHY w a a a j SITE a 3 H ERN 7 n n is r %D ¢ (EDGEW TER)WO 61 �T CURTIS 61 ST Q N ANDS SE IO NBAI❑NS m a 3 a FIELD n co CD n PLAT LOCATION WATERSIDE 60 ST /THIS SITE N j 'vL 9L i, —HEARTLANDS ❑F co toa 58 CT 7 Q ¢ ¢ 58 TAMARAC "W' j MIDWAY PLAZA as n 58 ST v c) a n 58 sr a BLOCK ©0 57 PL n / g j% n BUSTER y BIG LOTS MAIL D SEC 9 ¢ a UNITED BOSTON PLAZA 7 DR a / STATES CHICKEN y = 57 CT _ 57 CT nrl POST OFFICE z 57 ST Q? z a N r CI z D ��p BLATT Q W i Z l7 ¢ Ix � ym QU J a PLAT n W 4t J �oWa U ooJ ►^ vvi¢aQ n Ycic pq ¢ Low q ULi W COMMERCIAL BLVD CITIROPB.DWG CITIBANK RELEA13B OF PERFORMANCE BOND ' APR 05 '96 10:08 CITY OF TAMARAC P.3/15 EXiIBIT 2 That KNUN ALL MN BY TUSK PIRESENTS s DOOLEY AND MACK CONSTRUCTORS, INC. having an address of 3200 North University Dr. Ste 204, Coral Springs. FL 33065 as Principals. and THE AMERICAN INSURANCE COMPANY wing an address of 777 San Marin Drive Novato. CA 94998 a corporation, existing under the laws of the State of Florida, and having heretofore complied with *11 the requirements of the lams of the State of Florida regulating the ad0kission of such corporation to transact business in this State, as Surety, are held and, firmly bound unto the city of Tamrxrac of Froward County, a Municipal Go>�porata.on -vf the State of Florida► having an address of 7525 Northwest 88th Avenue, Tamarac, Florida, 33321 in the full and just sum of Two Thousand, -Six -Hundred Ten o 0 Collars ($ 2,610.00 .) , lawful money of tlas United States or America, for which sum well and truly to be laid to said City of Tamarac, the said principal and the said Surety do hereby bind themselves, their .ix heirs, executors adminiatrators, suceeasors or assigns respeCtively, as the Case msY be,, jointly and Severally, firmly by these presents. WNZAM, the said Principal is required tofurnish a Pextormace Mond to guarantee the Installation Of 'Public improvements as indicated on the Certified tatimated Cost (Igxhibit '"A" attached) and on plans ,prepared by Rhou EERest- JOU0s and approved by the Utilities Director or his designee On September 14 , 19 91- - for the, Citibank,_ amarac_Branch Project and tt, comply with raquirvmants of Tamarac City Code Section 10w Isis. 950 814 1 SURETY fi APR 05 196 10:06 CITY OF TAMARAC P.4i15 ie EXHIBIT 2 The City is authorized to draw drafts a►t sight acc*sPan,isd by a signed statement for the City of Tamarac or its autihosiaad representative that: 1. The drawing is due to Doole and Mack Constructors, Inc. failure to construct the public imprOvtarent$; 2. That the developer's obligations hags 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 reneMed for successive periods of one (1)-year each unless the #aid Surety and/or the said principal provide wxitten notice to the City Clank via registered mail' of their intent to terminate the credit he:eln extended, which notice moat be provided at least"sixtY (64)d*YS prior to the expiration dace of the original term hereof or any ore (1) year tern, or winless the City of Taa►arac retU=5 the original letter of Credit together with notification that it may be terminated. Thin; bond shall remain in full forts until improvements have been accepted by the City Commission and replaced by a Wartanty Bored as required by City Coda Section 10-156. YF F1imss wwaWF., the above bounden parties gave euscnewd 950014 2 SURXVI 0 APR 05 '96 10:09 CITY OF TAMARAC P.5i15 EXHIBIT 2 their instrument by affixing their corpora<to names and seals hereto and causing their authorized representatives W sign these presemts, pursuant to the authority of their governing bodies on this► _�7th clay o October , lg 95 SIMSD AND SEALZD iN THS PRESZNCE oFa (As to Principal) r Attested by ('title) THE AMERICAN INSURANCE COMPAn—, � ^� (Title) for Surety ANTHONY T. PAPA, JR. , Attlp']- -�in-Facts ;F and Licensed Flvrida.Agent ', er (Title) NOTE: The respective Co&^Orate soxShould affixed,. City Attorney (It�ilities Director 030834 3 SOASTY APR 05 196 10:09 CITY OF TAMARAC P.6/15 C� G'ENFRA& _ EXHIBIT 2 THE AMERIICAN INSURANCE COMPANY KNOW AU MEN BY THESE PRESENTSt That THE AMERICAN INSURAMCE COMPANY. a CoMoratian incorporated under the laws of the State of L`lew Jersey on February 20, 1846, and redgmestieated to the State of Nebraska on June 1.1990, and having its prindpul office in Cho CEty of Qmaha. State of Nebraska; has made. constituted and appointed, and does by those presents make. constitute and appoint W. . P : CANNON , ANTHONY T. PAPA. :TR., ELEANOR GARYEPY, ,jointly or severally SARASOTA FL its trod end lawful, Attorney(s)-inFat t, with Rill power and authority hereby contorted in its aalne. place and stead, to execute, seal, aclntowled sad deliver any and all bonds. undertaking, reaognixaneee or other written abligetiens in the nature thereof; for ell obligees including any and all consents acquired by tine Depattmoat of Trsasportatlea, State of Florida, incident to the release of tetalaed poromtages andlor &&I estimates. — — and to bind the Carpo"ou tba as fully and to the ram extent as if such bonds were dgnod by the President, booked with the .corporate add of the Coaporatloa mod duly attested by Its hereby ratifyint and eonfi wing all that the said Attoracy(s)do-Fact may do to Me premises. This !s power of attorney is granted pursuant to Article VII, 3axions 46 and 46 of By-laws of THE AbMRICAN INSURANCE COMPANY now In fall fora and " At'dek VII. Appe/atssear sad Aa[horiry of RerWesr Seeretsdey, Aftarnays,W-Jrsd todA�[s [a ■eerpf J.sRd' Pt+oeessaad Make Apprarmea. Section 45. Appota[ment. The Chairman of the Hoard of Directors, the Prrsident, any VteaPresidest or any other person authorized by the Board of Dtreeters, the Chat man of the Board of Directors, the President or any Vito-Peeddeut may, from time to time, appoint Reddest Assistant Secretaries sad Attorneys-ia-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appeartlttaes for and on behelf of the Corporation. Section 46. Aat&Wfjt The authority of soeh Redden( Assistant Smetaries, Attorneys-hr-Fad and Agents 6a11 be as presaibad In the Lsstrumest evidencing chair eppelatment.Any such appointment and allssiberity grantedthereby maybe revoked at anytime bytbeBoard of Dirceiors orby any pawn empowered to make such sppoiatmooW This ppopwer of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Beard of Directors of THE AMIIRICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July,1984, and said Resoludoa has not been amended or repealed: "RE SOLVED. that the signature of any trice -President, Assistant Smretat•7, and Resident Assistant Secretary of This T s Corporation* orrpor ����e seal oacaer k Corporation may be Affixed a printed on any power of attorney" on any rcvoeadoa of any poweroraey; by sad say power of attorney, any revocation of any power of attorney, or eertifieate bearing such faeainfile sltnatums or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WI-EF-REOP.'THE AMER.ICAN INSURANCE COMPANY has caused these presents to be signed by its; VIwPresidanl, and its corporate seat) to • be hereunto affkxed.this 1 2 t h day of : January. 19 95 �. � yet STATE OF CALWORNIA COUNTYOF MARIN car. i Ontbis I2th January ' 95 M. A. Mallonee day of 19 - - -- _ before rno pertonally arose to me known, who, being by too duly sworn, did depon and say; that he is Vioe-President of THE AMENCAN INSURANCE COMPANY, the Corporation described in and which executed the above fa:nvmeat; that he knows the seal of said Corporation-, the teal affixed to the sand i[ humeM is such corporate Coal; that it was so affixed by order of the Board of Directors of said Corporation and that be sitaod his name d reto by like order. IN WITNPSS WHEREOF. I bavo herewato set my brad and affixed my official seal, the day and year bcreia first above written. iC)FRC1AL NOTARY SEAL. A. KRIEI R E Notwy PUW - CaM1wrim MARiN COUNTY Mj► Cramrn. Esc itiAAR 20.ttl�p i C RTMCATB STATE OF CAUFORNIA � COUNTY OP MART I theumdersllRaed.RaidiaeAssistaoeSecte;ar�yofTERAUShiCAMINSURANC13COMPAP%a tiEBRASKe,Carporadon,DOHEREBYCERTllrYthat t�w foregoingand attached POWER OF RNEY'raaalus in full fora sad has not been revoked; and furthermoretbat Article VII, BsW*gs 4$ and 46 of the By-laws of the Corporation, and the Resolution of the heard of Directors; set forth in the Power of Attorney, are now in force. Signed and sealed at the County of Mario. Dated the 2 7 t h stay of Oc t:0 b ex - 19 95 t ,sGM[dameA..Fe,ae 3607�Z.TA6 90 (RE1h