The URL can be used to link to this page

Home My WebLink AboutCity of Tamarac Resolution R-97-262Temp. Reso.#7661 October 1, 1997 1 CITY OF TAMARAC RESOLUTION NO. R-97- -2- 6-9 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 A SURETY BOND #580J681-6 FROM THE TRAVELERS INDEMNITY COMPANY IN THE AMOUNT OF $12,754.00 SUBJECT TO THE RECEIPT OF A WARRANTY BOND IN THE AMOUNT OF $3,188.50 FROM NATIONAL BUSINESS CENTER OF TAMARAC, INC., FOR WATER DISTRIBUTION AND SEWAGE COLLECTION IMPROVEMENTS FOR THE AUTO SPA OF TAMARAC LOCATED AT 4500 WEST COMMERCIAL BOULEVARD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, National Business Center of Tamarac, Inc., has constructed a commercial car wash facility and has installed the Water Distribution and Sewage Collection System Improvements in accordance with the Site Plan approved by the City Commission on July 26, 1995; and WHEREAS, the Water and Sewer Developer's Agreement accepted and executed by the City of Tamarac on September 13, 1995, requires National Business Center of Tamarac, Inc., to provide a Warranty Bond to the City of Tamarac for the Auto Spa of Tamarac Water Distribution and Sewage Collection System Improvements located at 4500 West Commercial Boulevard (attached hereto in map form as "Exhibit 1"); and Temp. Reso.#7661 October 1, 1997 2 M WHEREAS, National Business Center of Tamarac, Inc., has requested the release of a Public Improvement Performance Bond in the form of a Surety Bond #580J681-6 from The Travelers Indemnity Company in the amount of $12,754.00 attached hereto as "Exhibit 2") subject to the receipt of a one-year Warranty Bond in the amount of $3,188.50 to the City of Tamarac for the Water Distribution and Sewage Collection System Improvements installed for the Auto Spa of Tamarac; 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 Auto Spa of Tamarac 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 Improvement Performance Bond subject to the receipt of a one-year Warranty Bond from National Business Center of Tamarac, Inc., for the Auto Spa of Tamarac Water Distribution and Sewage Collection System Improvements. ■ 1 1 Temp. Reso.#7661 October 1, 1997 4 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. SECTION 6: passage and adoption. 1997. This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED thisI.;t day of /Uav� ATTEST: _71 C r CAROL A. EVANS, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to fo . ° AVS�r MITCHELL S. K FT CITY ATTORNEY Utilities/dav/aml JOE SCHREIBER MAYOR RECORD OF COMMISS MAYOR SCHREIBER DIST 1: COMM. MGKAYE DIST 2: V/M MISHKIN DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS VOTE EXHIBIT 1 I* Is TEMP. RESO. 87661 y 41- \ W I W 41 9 W v A Y Y i y SABAL PALM, y y � W GOLF COURSE SEVEN y WINDS a W FIRE ST A # 2 W W W \ SEC U 49 Cl LAKESIDE Q Y J Q � LAKESIDE DR T u Q AST❑RIA ISLAND W J DINER CLUB tea. 5U 3 S, J U U q W Q <¢ Q xa \ LOCATION q D-/ TM8 BITE 0 GRANTS " (SUNSHINE PLAZA) I'AMARAC ANIMAL H❑SP. / r• _ L C❑RA[ GABLES MIDAS w ¢ NATI❑NS � �. BANK MHBILE RANK Ll a // 7 r cti r- Q0�- _i L3 lyBUNNING 49 C r a Li 7 3 �� - d BUD'S z J o FL❑RIST Lr ~ Q N �2 4 % Q LJ 27 DUNKIN' w aw ~ 49 ST ea j DONUT LD Ln �4B 49 ST J �2 j 49/1 PLAZA GINA'S 49 ST DR CT g P�av ¢ % SEC 2 MPlN 48 d m¢ 48 ST MP1Nl_AND DR S, .Vj J o, w Q 47 CT // a 47 CT �� 47 C r L' / IHFlP e 47 Sl 47 ST ) a 47 ST % /� <: �N // oQ 46 sr r L�45 ST 45 Cf �/ ~ CT a r, SEC 4A % W y SE( 12 3 / 7 w 7 m AUT❑R❑PB.DW5 AUTO SPA RELEASE OF PERFORMANCE BOND 10 • EXHIBIT 2 1 Temp. Reso.#766CT BOND NO. 58OJ681-6 KNOW ALL M8N BY T14SE PRESETS: That ALPHA BETA CORPORATION ha"ring a4 address of 8400 North University_Drive _ zTamaraoFL :�3321__��._ as principals. end � The r.�.._.....__..- having an add ------- T— a e �.gr s._ ross vF 1 Farmington Blvd, a corporat��r., exiating unci�r file laws of thy: State of -'i or.lda' and having hezetocoze complied with all the requiror,onts of the laws of the state of Florida regulating the admis51011 0 surh cor,pora,ti.on to transact business an this State, a$ Surety, are t:gld and firmly bound unto the City of Tamarac of 5roward Court a MunxripaZ Ggrporati.an cf the State of Florida, havin an y� address of 75�5 Noxrhwes � t 88th Avenue, Tamarac, Fiorida, 33321 S.,-, the full And just .urn of Twelve thousand seven hundred fifty-four and _ C�ol.7.a�5 C$ 12 , 754 .00 M• ) , .awful money of ---....._ he d statt3 Of rer.fca, for which sum we'll and truly tobetpaidntof zaid t OOf '�'dLllr3rd�`, zd City fhe said Fxinci.p,al, ,and the said Suret.y do hereby b:.rlrj tncfl's,elves, their heirs, exec-utoxs, a~'manist.rators, $,uc.cessars or a3si.gns respectiv,jy, as the case ma • be, � jointly and seveyall.y, E' rm,l y by these presents. +^1HERF,'.,AS, the said Principal is reTuired to furnish a F'eri=ormanco Bond to guarantee the inStallation of p1jbl.ic i.,�ro�ernents as indicated an the Ce=tif:ed Estimated Ca; (`xhibi-t "'A,• attachod) and on plans pxepared by Su��.�,__ Corporation EXX- r.QnmentaI -- ----------�_... -�_ ane: aPProved by the city Engineer or cz.f.s designee on _Julv-.26 -1 . �_ ,_....�_. AUTO SPA OF TAMARAC�. 19�95__. far t hr�_--•._ and t o com l .._._.,._ �.. _^--,-�.�.. _... _ F x• o j �w c �. p y with reg)li.xement.s of Tamarac City Code Section. ZG- I`6. a.5U81Q SURETY U] '" r r14 City iz authorizes td to drag drafts at by a si.gnec# statemer,t f t sight acco.,(Ip,�n; �,. r*eRresen thE$t: Oi he City Of Tamarac or its ��urhor; w��d sent I. The dxawzn q is due to. Al-RLa Beta C failure to canstr --��_ °�°raLion tact the Public imj�ro�,e Hants �...._. 2. That thG develaP-p x s ab-Ligations have not been completed Ord the City of nati.iad r'arnazac has beer, t`Iat the bond will not be extended; c,r 3. Pr'Ovid Tilat a warty. arty band that is r City. Coco has not beene iced by T mara� ed , This "strurctent shall be of atornatically renewed .for Paz.i4da' of one (ly successive said P.rinci.Pa� Year each �:nles9 the s:�i y et an�� provide wri�ten notice t4 the City /oz th re,�isten r..ed mail of theta: intent Y C.le;k viaextended, whi to termSnate the crei..; ch notice mast be provided at leegt. dt hert�..n "Prior to the expiration date of aiMty (60)d�zya . One (�, ) the ..Original.ter m herrof or any OL igi_na i lettery of Tamarac retru.rna the of Credit t0gethc�r with notificttion that w be- terrn.inated 4 maY T1ais bond shall remain in 0 ..u11 force a cePt:ed by the C; 4- tuxti.l L,, provements have bc;:;.7 -Y Co"nissxon and rg 1 as zk°qui.rsd by CityPlaced by a Warrant Code S�ctian l0-�?.56. y IF WITNESS Wf�I:R:pF'r 95�81q the above bound,tm Partizs have ex� cutj�:d 2 URET'f I* MR MAY 06-96 MON 14:42 C OF TAMARAC FAX NO. �� 7242406 P, 04 79o3 0 1 - b IF WITNESS WHEREOF, the above bounden parties have executed they, instrument by affixing their causing their autliorir_orporate names and seals hereto and zed representatives to sign these presents,. pursuant to the authority Of the;, governing bodies on this 6th day of May 1y 96_ SIGNED AND SEALED IN THE PRESENCE OF; (As to Principal) ALPHA BETA CORPORATION (Title) for the President R Attested by PRESIDENT (Title) THE TRAVELERS INDEMNITY COMPANY (Title) for Surety Attested by MERRILL SANDS ATTORNEY IN FACT SANDS AGENCY (Title) The respective corporate seals should be affixed: Approved as to Form NOTE; 9 City Attorney I `" 950814 3 Approved as to Content Utilities Director SURETY .AVLLL+'IZS 1NDI;NIN1'I'Y C:Oi._,'.ANY HARTFORD, CONNECTICUT If necessnry, validation of this power orattorney is available at (203) 954-0734 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE TRAVELERS INDEMNITY COMPANY, a corporation of the State of Connecticut, does hereby make, constitute and appoint Merrill Sands of Fort Lauderdale, Florida its true and lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof, as follows: Any and all bonds, recognizances, consents of surety, or other written obligations in the nature thereof not to exceed Five Hundred Thousand Dollars ($500,000.00) in any single instance... and to bind THE TRAVELERS INDEN LAITY COMPANY thereby, and all of the acts of said Attorney(s)-in-Fact, Pursuant to these presents, arc hereby ratified and confirmed. This appointment is' made under and by authority of the following Resolutions adopted by the Board of Directors of THE TRAVELERS INDEMNITY COMPANY at a meeting duly called and held on the 1st day of November, 1985 which Resolutions are now in full force and effect: VOTED: Fhal the Chairman of the Board, the President, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Corporate secretary or any Department Secretary may appoint altomeys-in-fact or agents with power and authority, as delinod or limited in their respective powers of attorney; for and on behalfof the Company to execute and deliver, and affix the seal ofthe Company lhercto, bonds, undertakings, rceognizances, consents of surety or other written obligations in the nature thereof and any of said olficcrs may remove any such attorney -in -filet or agent and revoke the power and authority given to him. VOWED: That any bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Comp;my when signed by the Chairman of the Board, the President, any Executive Vice President, any Senior Vice President, any Vice President or any Scennd Vice 1'residcnt ;and duly attested and sealed, if a seal is required, by the Corporate secretary or any Department sccrrtan' or any : V,sktant Corporate Secretary or any Assistant Department Secretary, or shall be valid and binding upon the Company when duly executed Mid nd scaled, [Fa seal is required, by a duly authorized attorney -in -fact or agent, pursuant to and within the limits of the authority granted by his or her power of attorncv. This powcr of attorney is signed and scaled by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of THE TRAVELERS INDEMNITY COMPANY at a meeting duly called and held on the Ist day of Noy ember, 1985: VO I I:I): '1 hill the signature of any olliccr authorized by Resolutions of this board and the Company seal may be affixed by facsimile to any power of anorrney or special power of ;homey or certification of either given for tine execution of any bond, undertaking, recognizance or other wrincn obligation in the nature thereof; such signature and seal, when so used being hereby adopted by the Company as the original signature of such olliccr and the original sc;d ofthc Compunv, to be valid and binding upon the Company with the same force and efFect as though manually alli.xod• IN WITNESS WHEREOF, THE TRAVELERS INDEMNITY COMPANY has caused these presents to be signed b� its proper officer and its corporate seal to be hereunto affixed this day of n the )c_L� )95 12 April Sg45 \µDEgj It S E•A L 3 THE TRAVELERS INDEMNITY COMPANY By IL6 Vice President, Surety 5-2242 Rev, (1.95) Printed in U.S.A. y/��• Uy �� TAM94 W-,0 CITY OF TAMARAC UTILITIES CERTIFIED ACTUAL COST PROJECT -NAME —I.. ash DEVELOPER, -Alpha Beta Corp, TOTAL COST Site Preparation Paving and Drainage Sewer Collection Water Distribution Sidewalks, Curbs & Gutter Street, Median cuts (see above) Landscaping Asphalt resurfacing Clearing and Grubbing TOTALS: a) 12,754.00 TOTAL public improvements from the est. cost l b)1 2 7 5 4.0 0 FEE AMOUNT Private Public 920.15 920.15 LESS fees paid: a * BALANCE DUE: L LESS fees paid: CERTIFICATE: *FEES ARE NON-REFUNDABLE I hereby certiti that this cost is true and correct to the best of my knowledge and belief and represents the total site developrA;ert costs for the project. %. Date Project Engineer Public Improvement ''Warranty Bond from the greater of a) Jr b) above: 35445 Reg. No. Cost = 12 754.00 X25%= $3,,188.50 ^ Approval by the Utility 9iigRR*r: Date: g R am ar�ro 11 14 E X fi 15 r -r-- A