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1993-14 Agreement with FL National Properties for Sidewalk Construction-University Dr ROW Adjacent to Meadow Run Dev RESOLUTION NO. 93 - 14 A RESOLUTIOR OF THE CITY COMMISSION OF THE CITY OF PARKLARD, FLORIDA AUTHORIZIRG THE CITY OFFICIALS TO EXECUTE AR AGREEMERT BETWEER THE CITY OF PARKLARD AND FLORIDA RATIONAL PROPERTIES, IRC. FOR CONSTRUCTION OF A SIDEWALK IR THE UNIVERSITY DRIVE RIGHT-OF-WAY ADJACENT TO THE MEADOW RUN DEVELOPMENT WHEREAS, the City Commission of the City of Parkland finds and determines that it is in the best interest of the citizens to enter into the attached Agreement between the City of Parkland and Florida Rational Properties, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, that: Section l: The appropriate City officials are hereby authorized to execute the attached Agreement between the City of Parkland and Florida National Properties, Inc. Section 2: That this Resolution shall be in full force and effect immediately upon its passage and adoption. 19 DAY OF MAY , PASSED ARD ADOPTED THIS 1993. ~~ SAL PAGLI ayor ~q", L2--.- ~ SUSAR ARMSTRORG, City C. rk .. C/f/&, jA ~ Jrl-6 /rv SAFECO INSURANCE COMPANY OF AMERICA fi!< / /J GENERAl. INSURANCE COMPANY OF AMERICA <.. e..R/l.c;t.o A.tY oYVJ FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE. WASHINGTON t.ll5 L Bond 5734227 PERFORMANCE BOND KNOW ALL BY THESE PRESENTS, That we, FlOR I DA NA T I ONAl PROPERT I ES. I NC , n300 Unlversltv D,11e. Cor~1 SDrlnQ~. Fl ~ hereinafter called the rmcipal), as Principal, and the S INSURANCE COMPANY OF AMERICA, a corporation duly organized under the laws of the State of Washington (hereinafter called the Surety), as Surety, are held and firmly bound unto C I TV OF PARKLAND. HOR I DA 6500 Perkslde Dr.. Perklend. FL 33061 in the sum of NINE THOUSAND THI RTV TWO AND 88/100..... ($ g.. 03..2 . 88 ) Dollars, for the payment of which sum well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. , (hereinafter called the Obligee), Sealed with our seals and dated this 30th day of Merch , 19 ...iJ... . WHEREAS, said Principal has entered into a Contract with said Obligee, dated Me r c h 30. 1 gg3 for Meedow Run/Unlversltv Drive - 5' Concrete Sldewelk from the South Plet Limit to the r I R/W. tract, whIch IS hereby re erred to and made a part hereof as 1 ully NOW, THEREFORE, THE CONDmON OF THIS OBLIGATION IS SUCH, That if the above bounden Principal shall well and truly keep, do and perform each and every, all and singular, the matters and things in said contract set forth and specified to be by said Principal kept, done and performed, at the times and in the maMer in said contract spc.lC~fied, or shall pay over, make good and reimburse to the above named Obligee, all loss and damage which said. Obligee. may suswn by reason of failure or default on the part of said Principal so to do, then this obligation shall be nuM ~nd ~YGid: :othec?,ise sh'.lll remain in full force and effect. r.'!'.... . i; ,.,. -'v-, I'!". '" 0"" . NO SUIT, ACTION OR PROCEEDING by the Obligee to recover on this bond shall be sus'i./o:ijJ$t~~~~ Sif~e ~~ commenced within two (2) years following date on which Principal ceased work on said Contr8Ct.~ ~:.;.. ~. · r, -, ,;:;.::;.,.: "~?'~:';"~ ..::' _ . -,- ,.. '.. ";- ..... ~ ~i ~/3 ,/.:: -:, FLORIDA NATIONAL PROPERTI~L~C. c\ Principal Countersigned By:{l(J.,~^., d~~~ Nan~~~le~i - State of Florida Licensed Resident Agent B Werner Buntemeyer, P:+~~' 4!n ,.'~;..r;:< SAFBCO INSURANCE C2~l3?F~~~A r..~t."",. -.' '..,. 1- " ~ -;, ,!.;.:j?';. <, "',,~. ('''I'. ;.:r:;'~: ~... .~.. ",\,Q: . ,... .~. ~ ~ .." ,. - -J,.1 ~:... ,~-". . u....;.:c ;;- ~:' ::' ..\.._ .~t Co ;;: ~ '10.1 .' . ,.' '. ;~ .... pet S-7571EP 8110 .... .. . ~GD SAFECO POWER OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OffiCE: IAFECO PLAZA SEATTlE, WASHINGTON "185 No. 3798 KNOW ALL BY THESE PRESENTS: ThIt SAFECO INSURANCE COMPANY OF AMERICA n GENERAL INSURANCE COMPANY OF AMERICA, NCh . Washington cOl'Doration, does each hereby appoint ...R. GEORGE VOINCHET; ROS~MARIE RODDEN; GERALD WALSH; STEPHEN P. McGILL; ELIZABETH M. FREY; DONNAMARIE ROBERTS; MARJORIE J. ARCH, Pittsburgh, Pennsylvania................................. its true nf Iwtful .uomey(s)-In-fact" with full authority to execute on its behalf fidelity nf swety bonds or undertakings and other documents of a slmll. cM'acter Issued In the course of its business, n to bincl the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA nf GENERAL INSURANCE COMPANY OF AMERICA have each executed nf attested these presents this 22nd day of Jenuerv , 19 93 . ,......-. :,.#.J' ...;.::...~..,,~~ ,:'>[ -.. f..... ,.' i.~.~;!t'.jl\~....~. -;:.'- .'. .:~_:: -" ,....._.:~... CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA n of GENERAL INSURANCE COMPANY OF AMERICA: -ArtIcle V. Section 13. - FIDELITY AND SURETY BONDS . . . tie President, my Vice President. the Secretary. and "'y Assistant Vice President IppOlntecl fortMt pwpose by the officer In ct.ge of ..ety operations. shall each have authority to appoint incIividual. · .uorneys-in-feot or under other approprimt titles with authority to execute on behalf of the company fidelity nf swety boncIs and other documents of slml.. cM'acter Issued by the company In the course of its businen . . . On my instNnent making or evidencing such appointment" the signatures rNY be .ffixed by facsimile. On my inStrument conferring such authority or on "'y boncI or undertaking of the company. the ..... or a facsimile thereof. rNY be Impres..d or affixed or in my other mtnner reproduced; provided. however, tMt the .... shall not be nec..s.y to the validity of "'y such Instn.ment or ~dert"dng.- Extract from. Resolution of the ao.d of Directors of SAFECO INSURANCE COMPANY OF AMERICA nf of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. -On my certificate executed by the Secretary or '" asslsttnt secretary of the Company setting out. CD The provisions of ArtIcle V. Section 13 of the By-Laws, ancI 01) A copy of the power-of-attorney ~pointment, executed punuInt thereto. ancI (ill) CertIfying that said power-of-attorney ~pointment Is in full force and effect, the slgnabre of the certifying officer rNY be by facsimile. n the .... of the Company rNY be . facsimile thereof.- I. R. A. Pierson. Secretary of SAFECO INSURANCE COMPANY OF AMERICA ancI of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify tMt the foregoing extracts of the By-Laws n of a Resolution of the ao.d of Directors of these oorporations. and of a Power of Attorney Issued purSUlnt thereto, .e true ",d correct, n that both the By-Laws, the Resolution and the Power of Attorney .e stili In full force and effect IN WITNESS WHEREOF. I have here~to set my hand ancI .ffixed the facsimile seal of said corporation _':~~';'~~.~'~ttH'tt;il. .. '~~~""'("'~'~ q. .}.:.~.~:':',.-::..~g~l~ ...... ,/)i"';(r " tt I.' '.. &:7'~~: i-,\'4:""<~~~ii\ ~. .. .. ~ . :. -{ . "'........l, if....L;:" .. ....... ~ ,,,",.. ~,:,~ ~.. . ., .C:C" '1:" '.....;., <.~;.. - f"li! " v''''~~'. . ~.-_- ..~... - - .~- u... C"_",l' ,,~ij: 0. :-, i , a) ,7 ~~: .~... "-.".. l..4 .,.... .,. .. '~"..a.J~ :. ~''':'':'.'-' ,..}.. -, " .-"";t'40 ,'$It;~." It ~'. . 9-,.\" ,,?,f'. . ~.. '. "',' ..-:,...." '. "wi )..-'Y..J.,.:.., ..:-.'.. - . ..,.".. . ... .t r. _' ,. "'", .' \'~/~,-........~.:;..;.:....~....:.. S..74IEP 1~3:;":;~W. CJ~ i\\}\~," .( Iff f I , ~ \ ~ \ ,,, \, this 30th day of March 19.21.. . G) "eglatered tfeclemerk of SAFECO CorporatlOll. Res. 93-14 AGREEMENT FOR CONSTRUCTION OF A SIDEWALK IN THE UNIVERSITY DRIVE RIGHT-OF-WAY ADJACENT TO THE MEADOW RUN DEVELOPMENT THIS AGREEMENT, made and entered into this 1993, by and between: 19 day of May , CITY OF PARKLAND, FLORIDA a municipal corporation (hereinafter referred to as "CITY") and FLORIDA NATIONAL PROPERTIES, INC. a Florida corporation, 3300 University Drive Coral Springs, Florida 33065 its successors and assigns (hereinafter referred to as "FNP"). WIT H E SSE T H WHEREAS, FNP' s landscape buffer plan for the Meadow Run development was approved by the ci ty Commission of the City of Parkland, Florida, on July 15, 1992; and WHEREAS, in accordance with Section 13-68(a) (12) of the Code of Ordinances of CITY, the landscape buffer plan was approved by CITY subject to the condition that FNP construct a concrete sidewalk on the west side of University Drive north of Holmberg Road to the northerly boundary of the Meadow Run development. NOW, THEREFORE, for and in consideration of the mutual covenants and undertakings of the parties hereto, and other good and valuable consideration, CITY and FNP agree as follows: 1. FNP agrees that FNP shall construct a concrete sidewalk on the west side of University Drive within the westerly six (6) feet of the University Drive right-of-way north of Holmberg Road to the northerly boundary of the Meadow Run development. Said concrete sidewalk will be constructed by FNP at the time that university Drive adjacent to the Meadow Run development is constructed north of Holmberg Road, or when the ~idewalk is necessary to provide access from the Meadow Run development to other areas within the CITY north of the Meadow Run development. 1 2. The sidewalk shall be constructed by FNP in accordance with the applicable standards and specification of the appropriate governmental agency having jurisdiction over said installation. The construction plans for the sidewalk shall be submitted to the appropriate governmental agency having jurisdiction over such construction, if necessary, and to the City Engineer for review and approval prior to the commencement of construction. 3 . FNP understands and agrees that it is FNP' s responsibility to complete the construction of the sidewalk, and that all costs relating to the construction of the sidewalk will be borne by FNP. 4. Upon the execution of this Agreement, FNP shall provide CITY with a performance bond in a form acceptable to the CITY, which guarantees FNP' s obligation to construct a sidewalk in accordance with this Agreement, in the total amount of Nine Thousand Thirty Two Dollars and Eighty-Eight Cents ($9032.88). 5. FNP shall ensure that the performance bond remains valid and in full force and effect until FNP's obligation to construct the sidewalk is fully performed. In the event that FNP defaults under the terms of this Agreement, CITY shall be entitled to draw against the performance bond for the amount set forth in paragraph 4., or a stated portion thereof, or seek any available judicial remedy. If the bond amount is insufficient, the City may proceed against FNP for the difference between any sums obtained and the full cost of constructing the sidewalk. 6. Upon satisfactory completion of the construction of the sidewalk and not later than thirty (30) days after approval and acceptance of the sidewalk by the appropriate governmental agency, CITY shall acknowledge in writing that the sidewalk has been completed and shall authorize the release by the Surety of the performance bond provided for herein. FNP shall submit a letter of certification from a Florida Registered Professional Engineer to CITY stating that the sidewalk has been constructed insubstantial conformance with the approved plans and specifications. CITY acknowledges that authorization by CITY to release the performance bond described in Paragraph 4. above shall signify that the sidewalk has been inspected and approved by CITY and FNP has been released and discharged from this Obligation. 2 7. FNP agrees to indemnify and save harmless CITY and its agents or employees from any injuries or damages received or sustained by any person or persons during or on account of any operations connected with the construction of the sidewalk; or by or in consequence of any negligence in connection with same; or by the use of any improper material or by or on account of an act or omission of any of FNP's contractors, subcontractors, agents or employees. 8. CITY agrees that this Agreement satisf ies the requirements of section 13-68(a) (12) of CITY'S Code of Ordinances that developers designate and reserve for public use the necessary right-of-way and bond for the construction of pedestrian circulation systems necessary to provide access between the Meadow Run development and other areas within the CITY. 9. If any section, subsection, sentence, clause, phrase, or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not effect the validity 0 the remaining portions hereof. 10. This Agreement shall be binding upon the parties hereto, their heirs, representatives, successors and assigns. 11. This Agreement represents the entire understanding between the parties. There are no representations, understandings or promises other than those expressly set forth above. Modification of this Agreement shall only be by written amendment and effective only upon adoption by the CITY's Commission. 12. Nothing in this Agreement shall relieve FNP from complying with any CITY or County laws, ordinances, or regulations. 13. FNP and CITY agree that this Agreement shall not be recorded in the Public Records of Broward County, Florida. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. 3 ATTEST: s~ ~._)('.. L CITY CLERK ATTEST: G(I 'y,--- j ,.... ~ t ~ ' I '.J ~L~JL- RONALD C. DILLON ASSISTANT SECRETARY CITY OF PARKLAND, FLORIDA , l"iA'lOR . l \ 1.. I " . ; ( I l \ " t, ~ , .f J "",'~')'.",'~ '~.": . : \',> ' .,.... r..;" . ":J ' .\ \, ,. I . ,. ,,- { ,:,': ,( ,;'-< .: --1: : \\~ ~/ _ ,,"1 "; ~:~ ". \.l /. I FLORIDA NATIONAL PRCP~T.~Eth :.INC. +', J-, '. .'" ~ ;J . .. By: Q- :;2~~y~ PRE;;~::~:"~"""" 4 , , H~: