HomeMy WebLinkAboutCity of Tamarac Resolution R-97-242Temp. Reso.#7984 August 27, 1997 1
CITY OF TAMARAC
RESOLUTION NO. R-97w .Z'P-
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 AMOUNT
OF $1,200.00 FROM BUILT BY OWNER, INC., AND WAIVE
THE REQUIREMENT FOR A ONE YEAR WARRANTY BOND
FOR THE WATER DISTRIBUTION SYSTEM
IMPROVEMENTS FOR THE DAIRY QUEEN PROJECT
LOCATED ON THE SOUTHWEST CORNER OF NOB HILL
ROAD AND MCNAB ROAD IN THE TAMARAC
MARKETPLACE; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Built By Owner, Inc., has constructed the Dairy Queen Project
located on the southwest corner of Nob Hill Road and McNab Road in the Tamarac
Marketplace and has installed the Water Distribution 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 September 14, 1983, for the Tamarac
Marketplace requires Built By Owner, Inc., to provide a Performance Bond to the
City of Tamarac for the Dairy Queen Project Water Distribution System
Improvements; and
WHEREAS, the one year Warranty Bond for this Project would only be
5300.00; and
Temp. Reso.#7984 August 27, 1997 2
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 Dairy Queen Project
Water Distribution 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 Built By Owner, Inc., for
the Dairy Queen Project Water Distribution System Improvements and waive the
one year Warranty Bond.
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.
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Temp. Reso.#7984 August 27, 1997 3
SECTION 2: That the appropriate City Officials are hereby authorized
to release the Public Improvement Performance Bond in the amount of $1,200.00
for the Water Distribution System Improvements for the Dairy Queen 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 Built By Owner, Inc., the Public
Improvement Performance Bond for the Dairy Queen Project. The bond is in the
form of a cash bond in the amount of $1,200 for the Water Distribution System
Improvements located at the southwest corner of Nob Hill Road and McNab Road in
the Tamarac Marketplace.
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
1
SECTION 6:
its passage and adoption.
Temp. Reso.#7984 August 27, 1997 4
This Resolution shall become effective immediately upon
PASSED, ADOPTED AND APPROVED this day of -1997.
ATTEST:
CAROL A. EVANS, CMC
CITY CLERK
I HEREBY CERTIFY that I have
approveA this RESOLUTION as
to for
TR/dav/aml
ITCHELL S. IFAT-
CITY ATTORNEY
JOE SCHREIBER
MAYOR
COMMISSION
RECORD
MAYOR
SC E BER
DIST 1:
COMM. Mc
DIST 2:
V/M MISHKIN
DIST 3:
COMM. SULTANOF
DIST 4:
COMM. ROBERTS
EXHIBIT 1
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