HomeMy WebLinkAboutCC 1973-09-13 Discussion Item' ~ PB(F) -Page 1 of 4
AGREEMENT FOR CONSTRUCTION OF CERTAIN IMPROVEMENTS
PURSUANT TO PROVISIONS OF CHAPTER 27, SECTION 2?-12
THE CODE OF THE CITY OF MIAMI, FLORIDA
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~x
WHEREAS, PALM BAY TaWERS CORPORATION __•_
(hereinafter referred to as the "Principal"), concurrently with the delivery of.
this Agreement, has applied to the City of Miami, Florida, (hereinafter referr.:•.i
excavate
to as the "City"), for a permit to~R~l certain ~alR~i~~~8~y becDtq,~c land all a:;
shown on the sketch prepared by Gee and Jenson,` Consulting En,~ineers,
Inc.
attached hereto as Exhibit "A" and made a part hereof; and
W HEREAS, Chapter 27, Section 27- 12, THE CODE OF THE CITY OF
MIA?vII, FLORIDA, requires that before the issuance of any permit to construct,
add to, or extend lands bordering on, or islands lying in, Biscayne Bay within
the corporate limits of the City of ~4iarni or remove sand, rock, or earth from
any Iands, submerged or otherwise, lying in Biscayne Bay within the corporate
limits of the City of Miami, a suitable Agreement shall be entered into by the
applicant with the Director of the Department of Public Works of the City of
Miami, Florida, providing for the construction of certain items therein specified;
NOW, THEREFORE, Lhe Principal hereby covenants and agrees with
said City as follows:
1. Within two (2j years from the effective date of the said permit issued
by the City, the Principal will construct, or cause to have constructed, at his
own expense and in accordance with standard specifications of said City, all
improvements as are listed and described upon the estimate of cost of said
improvements, a copy whereof is attached hereto as Exhibit "B" and made a
part hereof;
2. In accordance with the provisions of Chapter 27, Section 27-12,
Form PW X187 Rev. 10/6 ~ p G ?~
r
PB~F) -Page 2 of 4
THE CODE OF THE CITY OF MIAMI, FLORIDA, the I~rincipal herewith tenders
to the City a Performance Bond duly executed by the Principal and a surety
company or companies authorized to do business in the State of Florida, as surety,
in the amount of $ 18,000.00 ,which amount is not less than one hur..dr~~;d
(100) per cent of the estimated cost of the construction of the improvements iisri:•:.
•, in the attached Exhibit "B", plus ten (10) per cent for engineering or contir.~ent
costs and damages, the conditions of said Performance Bond being such that ire
the event the Principal, shall fail or neglect to fulfill his obligations under this
Agreement, the surety or sureties shall, within thirty (30} days after receipt c-t.
written notice from the Director of the i~epartmeni of Public Works of the City
of Miami, Florida, of the failure or neglect of the Principal to perform this
Agreement, construct or cause to be constructed the improvements set forth in
Exhibit "B" hereof; provided that, if the Director of the Department of Public
Works of the City of Miami, Florida, so elects, the Principal and the surety
shall be jointly and severally liable to pay to the City the sum estimated to con -
struct or complete the improvements set forth in said Exhibit "B", said sum
to be estimated by the Department of Public Works of the City of Miami, Florida,
and shall pay to said City any engineering and contingent costs, and any damages
direct or indirect, not to exceed ten { 10} per cent thereof, plus reasonable
attorneys' fees which the City may sustain on account of the failure of the
Principal to carry out and execute all of the provisions of this Agreement;
provided further that the City Commission of Miami, Florida, shall have the
right to construct or cause to be constructed, after public advertisement and
receipt of bids, the improvements as provided for in said Agreement, and in the
event that the City Commission of Miami, Florida, exercises such right, the
Principal and the surety shall be jointly and severally liable to pay the City the
final total cost of said improvements, together with any engineering and
contingent costs, and any damages direct or indirect, not to exceed ten (I0}
per cent thereof, plus reasonable attorneys' fees, which the City may sustain on
Form PW .#187 Rev. 10/67
~.
_~.
,,~.
PB(F) -Page 3. of 4
account of the failure of the Principal to carry out and execute the provisions of
this Agreement. Said Performance Bond is attached hereto as Exhibit "C" and
made a part hereof by reference.
IN WITNESS WHEREOF, the Principal has caused this Agreement to be
executed in quadruplicate (on'e~original and the next three carbon copies)
this p~~~! day of ~~~`~J [i ~% b~ , A. D. 19~~,
-~-~--
Signed, Sealed and Delivered
in the Presence of Principal (Individual)
ATTEST:
. --~'
~'_"
s R, De tz, J etary
(Corporate Seal)
ATTEST:
Secretary
(Corporate Seal)
(SE~~1~}
(5EA L)
(SE 5 i.)
(SEA 1.)
(SE~~ i .)
(SEAL..)
Principal (Corporation)
President
_~
Approved and accepted on behalf of the City of ?viiami, Florida, this ~~
"i,
~.3
,4'
yt
:i~r
day of ~ dG/77C~~°/'' A. D. 19 7,~ .
W ITAIESSES:
s"~; : i
r
~,,,, Director, Department of Public Works
Form PW X187 Rev. 1.0/67
Cornelia D. Dinkler
r
• ~•~,
STATE OF FLORIDA )
COUNTY OF DADE )
PB(F) -page 4 of 4
I HEREBY CERTIFY that on this day personally appeared before
me,,an officer duly authorized to administer oaths and take acknowledg-
menu, Cornelia D. Dinkler and Curtis R. DeWitz, Jr.
to me well known to be the persons described herein and who executed
the foregoing instrument, and acknowledged before me that they
executed the same freely and voluntarily for the purpose therein expressed,
W ~TNESS my hand and official seal at Miami
~-' Fs
:,
County of Dade and State of
Florida
this p S ~ day of October A. D, 19 73 .
r Jl~ ~ ~ ~ } '1 1U
~~Q ~ ~ ~
Notary Public
My Commission Expires:
c,;. ~ ~,rr r!~uUC. ~THTE et FtORiOA at IARGE
},Y (.G".,aisscG~~ ExPfcES kUC. 23, 1916
u~"•!'~CD TMRU MATh AFD DGhD~NQ AGCNCY
APPROVED AS TO FORM AND LEGALITY:
~~~ ~ *- "
~; f City Attorney ~pI
Form PW # 187 Rev. 1(~/ 67
u
.y
!;
t":'
i
~_
T
s
I
1
q,va.NYtTY~~~ ~ - ~
t~ATERtA.L To ~.y. . ~_____-~`
RE EKLA~~TCCI
~ G. Y W A ~'L t"' 4 F \ .
M.N.W• LI-JE IS \..__~
2500 Gu.rv; / -
A ', ( ~ `
!~+ ESGlSTG du41GHEAD
I~~
,~I .~
- ~~ ,` .
~..
J _ ... -
f (- F~ALM SAY" TowEKS
APf~RpxIM4~E.L.Y -- .+
2G,raoc~+ GJ~Y D3 :.~~ ` .s~'.iC'' : ~!AI.'~7f~tZ3A f.1
MAz'~~In.L. TO P_E '
DE1:c~;IT~E.f) UPLA o
A7 ~1"rE ortHAULED ~`
Tc Pe.t.:xCi ~A.tC;~ 1. ~ '.~ .,~ .~
/ '
r,
.r
.j
~ ' •,
,`
,'` `;4 ~ d
- ~ ~ ',
~.~ Q
~ W
o~ , ~ •rr
2~5 -
~ '.,\
I~~~
z ~, } .
j~.
r; ,
•.
~,
_ ~
I
li
LL~~ 6
i
r'
Q
\\. ~~ ~ i n
~, ~ ,
~ i it
. ~~; ~,,, m.a.
.,,~ ~ ~ ~ r
'~~ ' t
`\~ •`~~ i
,.,
~~ `~ ~ ~~
~ '~ 1
- ~~ - ~
r /~ T ~ /~ f"~~ -- ------
{`~ (_. /`mil \~ ( t'. ~`/ Cv. --~ YIyT AR.1YM.
4,v Z M l..W 't"1-t IS Aerrll
c~.~ct+son _ . ~_ __._ _ .- _ . --
- _' -
r F_L .~.0 (- Eti41~ tNL F'~tiL.C tt~1~y /--~ l:.l L r ~l, t+t.1~,1/•
. ..~ _. -._..._-- - ~_~ ---_...._. _._~_- - , ~- __. _ .___~,.._._~~T
` i~_1__!Li ELE~'e7117~lS RE FE 1c.
yt^c~l 1 _bt..
1 { ; w, ;. - r . • .. ` !T_ 'r"'te""""'r"~"""~ T v MEAN low dv n 7 E H.
-~ 6 ~ -
-~o. ilut:. seg. IF I ~, Ig 17 ~ t
I G t+LM Ej/~<' C_T. ~-' .,~~,~ ~~ V ~.._. 11't'(H Ttc ~•: 14E.
.' ~ H Q
~i.
1 _ . ; y
~ i5 fP.~1LkNE:.G ~ ~~1 ~-__. i X13 p~., IFi '!7E
w ll~ .,,~- __ ~ i t~,; a ~ ___., ,
j ^ ~'f`.:` . 2 " +w. I Q KEY /
t ~t ~ ___
PALr~CF~AY 1 -.~~ ~~~-..- uQ _-F.it t 1, ~ ~. r '~~" :%,.
Tc wt~5 ~ n.-t,,- _.- ~~ ~~cr ±~~ .: 63-7 ;G ~U ~G T~;
h
~- !!~. ~ ~ .: r . ~ • O r I Z .3 tha a . '°uW a~a t ~ N~. ~ .
1 ~ 5
C17 ~( 'F MIAf~I ~ '~~
~ j GtNNCK r,~'t ~ i r. .;, U' ~
' ~ MI G.r.1 , F...A • r..~~.~~.t_~,• ~:~F GEE & JENSON CONSULTING ENGINEERS, INC.
`~ 3 ''' I ~' ' v WEST PALM BEACH FLORIDA
l
2
_.
_ -__._.._;. ,r PROPO~Ep EK~AVgTtn-J - GI`~~YNG EAY
OWNERS+~IF' MAP i GtTY OF MIAMI,pADE GO~,`NTYtFLGRIpA
- APF'L !CANT- PI~LM C34`( TOWERS INC.
i .
~~'~~~,I'-•+T~.~}.;-,r „Y„~:,~,~..~, DES^GNEO DRAWN t1Ni ~Eq J08 NO. DRAWING N0.
F p O t'E 4iT ~' $ N O w 1J l..Y IfJ G 1 N GATE SCALE AjP~OYED FILE N0.
~EGTION tA, TcwrvS--~+P S?~ 5. P 4N ~~a"L EA;1 Ir _ ~ .~ -a ~ /~. SNEET I OF
.,~
.~
EXHIBIT
~~B~-
TO ACCOMPANY THE AGREEMENT BETWEEN
THE CITY OF MIAMI, FLORIDA
and
PALM $AY TOWERS CORPORATION
TO EXCAVATE UPLAND PROPERTY
AS SHOWN ON SKETCH PREPARED
BY GEE AND JENSON, CONSULTING ENGINEERS
AND MADE A PART HEREOF
~c 4t ~ ~'r ~'r ~'c ~c
EXCAVATION
Approximately 8,700 Cubic Yards
(10%) FOR ENGINEERING AND CONTINGENT COSTS
AMOUNT OF PERFORMANCE BONI
$ 16,364.00
1,636.00
.~
.. ,.
STATE OF FLORIDA )
COUNTY OF DADE ) ss
CITY OF MIAMI )
PALM BAY TOWERS CORPORATION
KNOW ALL 1~IEN BY THESE PRESENTS: That we,
(hereinafter referred to as the "Principal") aid _
Fidelit}• nud D~•rn~it f:~~rr.n^r.r ~i ~T1r1-iand ,
a Surety Company authorized to do business in the State of Florida, (hereinafter
referred to as the "Surety"), are held and firmly bo~xnd unto The City of 1Viiaini, 1' loricl~,,
(hereinafter referred to as the "City"), in the penal sum of Eighteen thousand _
~. .,
'`r PB(F) Exhi~iit "G"
Page 1 of 3
PERFORMANCE BOND
(EXHIBIT "C")
Dollars ($ 18,L000.00 )for the payment of ~1•hich
we bind ourselves, our successors and -assigns, for the faithful performance of a
certain written Agreement dated the~~day of October A. D. 1,73
tendered by the Principal to the City for the construction of certain improv~•ments as
listed and described upon the Estimate of Cost attached to said Agreement as
Exhibit "B" thereto, anc any engineering and legal fees or contingent costs and daina~;~•:;,
said improvements to be constructed on a certain parcel of submerged land, all as
shown o.n the Exhibit "A" to the said Agreement, a copy of which is hereto attached
and is incorporated herein by reference and is made a part hereof as if fully copied
herein.
NOW , THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE
SUCH that, if the Principal shall in all respects comply with the terms and conditions
:~ of said Agreement and shall, in every respect, fulfill his obligations thereundr~r,
this Bond shall be considered complied with; otherwise, it shall remain in full forc.~
and effect. In the event that the Principal shall fail or nel;lect to fulfill such oblif;atior;~,
the Surety covenants and agrees that within thirty (30) days after receipt of ~i•rittc:•ii
notice from the Director of the Department of Public Works of the City of ?Miami,
Florida, of the Principals failure or neglect as aforesaid, the Surety ~~ill construct,
or cause to be constructed, the improvements set forth m said Agreement; pro~,~idc-cl
~i
_ ••
{ ~ ~
9
-_
~,.
=~
_,<
r PB(F} Exhibit "C"
Page 2 a f 3
that, if the Director of the Department of Public Works of the City of Miami, Florida,
so elects, the Surety will pay to the City the sum estimated to construct or complete
the improvements set forth in said Agreement, said sum to be estimated by the
Department of Public Works of the City of Miami, Florida, and will pay to the City
any engineering and contingent costs, and any damages direct or indirect, not to c•xi ~r~•~i
ten (10%) .per cent thereof, plus reasonable attorneys' fees w•ltich the City may sustain
on account of the failure of the Principal to carry out and execute all of the pro~~ision~
of said Agreement; provided further that the City Commission of Miami, Florid~~, -
shall have the right to construct, or cause to be constructed, after public advertiseinc>nt
and receipt of bids, the improvements as provided for in said Agreement and in the
e~•ent that the Cit~r Commission of Miami, Florida, exercises such right, the Yrincil,~+i
and the Surety shall be jointly and se~•erally liable he rewlder to pay the City the final
costs of said improvements, together with any engineering and contingent costs, <lnci
any damaf;es, direct or indirect, not to exceed ten (10%) per cent thereof plus
reasonable attorneys' fees which the City may sustain on account of. the failure vi' thc•
Principal to carry out and execute the provisions of said Agreement.
Should the Principal fail to carry out and execute the provisions r,f
said Agreement, the City Commission of Miami, Florida, shall have the right to
}rave the costs of the unfulfilled portion of the improvements estimated and t}ze City
shall have the right to have the amount for the uncompleted portion of the icr-pro~•err:~•nt
given to the City prior to the completion of such improvement, and sha'_1 hold the
Principal and Surety jointly and severally liable hereunder for such payment. After
f:`: ~'_
~~~,
receipt of the said amount by the City, the City shall then be obligated to comple~tc,
.~a
said unfinished improvement within a ~reasanable period of time, determined in
~§ accordance with the circumstances thereof.
.)
'' IN W ITNESS W HEREOF, the parties hereto have caused this
.,~ fi
Performance Bond to be executed in quadruplicate this o2~ ~ day of
s
:,?
October A. D., 19 73 .
',:`~ Fi~Ic•lit}' at:3 jlr (:~ti;nr, }~ ~ :n•;.l.u~d
,}~ //`fit
~~
.:~
::t.
a
_~
• hn 1~4. G . •. ~ ~ ~Y
,'ui'/ ~ ~ --~
O
C~
in
ti
z
0
U
~qy /a.~~+~5 ~~
- _ s
F ~• -
M
• 1
a,
STATE OF FLORIDA )
)
COUNTY OF DADE )
GC(F) Page 3 of 3
I HEREBY CERTIFY that on this day personally appeared before
-~~,1.
,;' ,~.
:~
~ ,~
<+
4i
~.
,,
:r
r
._
me, an officer duly authorized to administer oaths and take acknowledg-
ments, CORNELTA D. DINKLER
to me well known to be the person described herein and who executed
the foregoing instrument, and acknowledged before me that
executed the same freely and voluntarily for the purpose therein expressed..
WITNESS my hand and official seal at lt~eL.~,,
County of Dade and State of Flo da ,
this ex~ day of October A, D. 19 73
..~
Notary Publ'
My Commission Expires:
NQTt.RY r~~~,~r rr•n• n! ~.nh•~i ~~ ~~nr
MY CC•;,,... ... r
~r(i~t.
r ~s~
AFPROVED AS TO FORM AND LEGALITY:
City Attorney
Farm PW # 186 Rev. 9 / 6?
._ ___.__.t.
Y
__ ~ `'~ Power of Attorney ~'`~•
FIDELITY A!'J~ DEP051~' Ct~M~,~,NY t~~ MARYLANn
HOMt' OiFfCE, lAtl'IMOft~, MQ.
KNOty At,L 11r_N 13Y Tttl:sr PRESI3NTS: That the F1DELtTY A1iD DEPOSIT CaMPA'vl• OF MAR1•LA~Ia, a corpora-
tion of the State of 1liaryland, Ly JOHN C, GARDNER ,Vice-President, and C, M. PECOT, JR. ,
Assistant Secretary, in pursuance o[ authority granted by Article VI, Section 2, of the I3y-Can's of said Com-
pany, 11•hich reads as follows:•
"The President, or an}• one of the lxecutive °v'ice-Presidents, or any one of the additional Vice-PresidrFFts specially authorised
so to do by the Board of Directors or by the Executive Committee, Shall have power, by and with the concurrence of the Sec-
ret:yr}• or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Resident ilssistant Secretaries and Attorneys-
tn-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf o! the Company any
bonds, undertakings, recognizances, stipulations, policies, contracts, aggreements, deeds, and releases and assignments of judgments,
decrees, mortgages and instruments in the nature of mortgages, and also all other instruments and documents which the business of
the Company may require, and to affix the seat of the Company thereto."
does hereby nominate, constitute and appoint E, B. Blundell, Jr, , ttm, J , parry, t,~, H.
Dickson, Robert R, LaRoue, John M. Goodloe, James A, Carmel, Edtaard R, tdoolard
and S, T, Blake all of 1`liami Florida
EACH.,, ,,,
i n a«~ u agen an ttorney-tn- act, to ma e, execute, seal ant} delirer, for, and on its hehal[ as
surety, and as its act anci deed: any and a 11 bonds and undertakings, , , , , , , , , ~ ~ , „ •, , , ,
n t e execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said
Company, as fully and amply, to ail intents and purposes, as if they had been duly executed and acknowledged
by the regularly elected ot}icers of the Company at its office in I3altimore, i1id.: in their olvn proper persons.
This power of attorney re.rakes those issued on behalf of E, B, Blundell, Jr,,
etal, dated September 22, 1971 and Stanley T, Blake of Atlanta, Georgia, datt~d --
February 19, 1959
The said Assistant Serretar}• does hereby certify that the afurcgaing is a tree copy of Article VI, Section 2, of the By-Laws of
said Campan}•, and is nmv in force.
I\' ~l'tr~tas lVltt:Rt:ot~, the said Vice-President and ASSIStant Secretary have hereunto subscribe?
their names and affixed the Corporate Seal of the sajd Fll)tiLITY .1;.n Dr•.I•ostr Coa}eA~~' ot~ :~TARYi.:tNU, this
.....................2.3.rd......_.....................da~• of.......................F.ebruary.................., A.D. 19..7.?.....
Arrt:sr: FIDF.LITV :1ND DEPOSIT COti1PANY OF 1I:~RYI,:iND
(SIGII:I)~
...................................................L. e..Zl.....1'.~;C.OT.,....LI;... I3y.............................................J~Jl~tv.. C x.. GA itl)N E.It
(Shat.) : I ssist¢rrt Secretary Tice-Presufe~tl
STATT'. OF UARYLA~D
CtTF OF 13ALTl\tONFi
On this 23rd ,{,,~• c,f Fcbruar}' ;;,!). 19 /2 before the suL•scriber, a Xotarv Public of the State of
~larcl:urd, in and fur the Cit}• of 13altimure, duly rummis~iuned and yualitird, came the above-named Vice-I'rr~ident and A«i,tant
Secretary of the I~ tnr•ta)S' Ain I1F Pr+SFT (;t)\rf`.4\)' hF' ~1IAH1'LA'iD, to me Ix•rsonall}• knntit•n to be the individuate and nthccrs desr•ribed
in and a•hu r~ecute•c1 the t,rem;lier iu~trunx•nt, and the}• each ac-kno~slcdgcd the ezec-utinn of the ~:une, :urrl being by nu• duty sworn.
sevrrrlly and c,rch for hirn~elf dc•pn~c•th and with, that they arc the said ut?icer~ of the Cump:u,y afum~:rid, :u,d chat the seal atli~cd
to the prec•ectint; instnrmcnt it the f'urporate Seat of said Compau}•, and that the said Corporate Seal and their si~naturrs ns such
c,flicc•r~ were duly attiacd and >ut?>cribrd t+, the -aid imtrunu•nt t,y the authority and din•ction of the said Curpuratinn.
f ~ '1•tsrt~n»v tl•ttr;ut.oF-, 1 have hereunto set me hand and af}ized m} Official Seal, at the Cit}• of I3altinu,re, tlx• day and year
first above ~+•ritten.
(SIG\I?n}
(Sfi:1L)
.............__..................... ~l..aKtE~...a.... c.o~~~..~u~r.?.............
Notary Pul)lic Commission E:xpires. J.ul.y,..l,_•_197,~+
CERTIFICATE
I, the under-igned.:\,-i,t:utt tiecret:rrv of the }~ tnFt.n v .4sD hpa'ost7 C+1111'Ati~' +)F ~fAxvt. ~\D, do hrret,y certify that thcurit;inal
!'ut~er of :ltturney of tiahich the fur+•t;uir~f; i- a full, true .n;d correct copy, i~ in full force and effect : m the ctau• of this ccrtilicate; and [
do further a•rtity that the Vice-1'n•~ident who e~ecutcd the said I'otc•c•r of Attorney >sas unr ut the additivn;d l'irc•-1'rridents spc-
cialh• authurizc•dby the Huard of I)irectur- to appoint :ury Attorney-in-Fact as provided in Article l'I, tirctinn ? of the 13~•-Carus of
the hn,fa.tT)• Ar:n i)er„sFr (-+rSti•AN1' or' \lakvt.A\n.
'Chi, ccrtilicate• may br ~it;n+~) by fac~imilc under and by authority of the fuliue•infi re~olutiun of the Ru:crd of I)irreturs of the
I'll>) 1.]'I\' AKD 1)tF•nslr (•rt\11'ANS t,F :1IAH1'LA\D at a nu•eting duly caN.d and held on the. lf,th d:+y of July, Iy6V.
!tt•:Sclt.vt:D: "•fhat the far~imilc ur n:echanically repre,duced ,il;n:rture of any a~si~cutt tircn•Lrn• of the C'ontp<rny, whether
made heretofore or here•aftrr, uhcn•ycr rrpl><•arin}; upon a certified copy of .rny pon•er of atturnrti• i-sued he the ('ompany, shall be
valid and binding upon the Company with the ~:unc force ,rnd effect a, thoul;h m.unrally .+fiiticcf,"
In 'Ct•srt+ro~t• 1~'tu•er_uF, 1 have hereunto ~ubscril,ed my name and affixed the corporate Seal of the said Company, this
...........................25th..................... d.ry r,r...... ~c tuber................ ......, 19.. ~.3..
!r '
t.Faty-ct[. AssrsArnlfSrrre'fart.
t..: