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Home My WebLink AboutCity of Tamarac Resolution R-2003-0051 Temp. Reso. #9972 November 5, 2002 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003 -Q5� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO RELEASE A PUBLIC IMPROVEMENT WARRANTY BOND IN THE FORM OF SURETY BOND #6127042 FROM SAFECO INSURANCE COMPANY OF AMERICA IN THE AMOUNT OF $4,324.50 FOR THE WATER DISTRIBUTION AND SEWAGE COLLECTION SYSTEM IMPROVEMENTS INSTALLED BY WENDY'S OF N.E. FLORIDA, INC., FORTHE WENDY'S OLD FASHIONED HAMBURGERS PROJECT LOCATED AT 8901 WEST COMMERCIAL BOULEVARD; AUTHORIZING THE CITY CLERK TO RELEASE SURETY BOND #6127042; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE Iby-Al 9:4 WHEREAS, Wendy's of N.E. Florida, Inc., has constructed the Wendy's Old Fashioned Hamburgers Project and installed the Water Distribution and Sewage Collection System Improvements in accordance with the Site Plan approved by the City Commission on June 27, 2001; and WHEREAS, the Water and Sewer Developer's Agreement accepted and executed by the City of Tamarac on May 23, 2001, requires Wendy's of N.E. Florida, Inc., to provide a one-year Warranty Bond to the City of Tamarac for the Wendy's Old Fashioned Hamburgers Project Water Distribution and Sewage Collection System Improvements located at 8901 West Commercial Boulevard (a copy of which is attached hereto in map form as "Exhibit 1 "); and WHEREAS, Wendy's of N.E. Florida, Inc., has requested the release of a Public Improvement Warranty Bond in the form of Surety Bond #6127042 from Safeco Insurance Company of America, in the amount of $4,324.50 (a copy of which is Temp. Reso. #9972 November 5, 2002 2 attached hereto as "Exhibit 2") for the Water Distribution and Sewage Collection System Improvements installed for the Wendy's Old Fashioned Hamburgers Project; and WHEREAS, the improvements were inspected, approved and are recommended for acceptance for City ownership by the Utilities Engineering Division; and WHEREAS, it is the recommendation of the Director of Utilities that the Public Improvement Warranty Bond be released for the Wendy's Old Fashioned Hamburgers Project 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 Warranty Bond in the form of Surety Bond #6127042 from Safeco Insurance Company of America, in the amount of $4,324.50 for the Wendy's Old Fashioned Hamburgers Project Water Distribution and Sewage Collection System Improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: 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. 1 J -I Temp. Reso. #9972 November 5, 2002 3 SECTION 2: The appropriate City Officials are hereby authorized to release the one-year Public Improvement Warranty Bond for the Water Distribution and Sewage Collection System Improvements in the form of Surety Bond #6127042 from Safeco Insurance Company of America, in the amount of $4,324.50 for the Water Distribution and Sewage Collection System Improvements installed by Wendy's of N.E. Florida, Inc., for the Wendy's Old Fashioned Hamburgers Project located at 8901 West Commercial Boulevard in accordance with Section 10-156 of the City Code. SECTION 3: The City Clerk is hereby authorized and directed to release to the Utilities Department for return to Wendy's of N.E. Florida, Inc., the Public Improvement Warranty bond for the Wendy's Old Fashioned Hamburgers Project. The bond is in the form of Surety Bond #6127042 in the amount of $4,324.50 for the Water Distribution and Sewage Collection System Improvements located at 8901 West Commercial Boulevard. 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. n oweli . passage and adoption. Temp. Reso. #9972 November 5, 2001 4 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this 81h day of January, 2003. ATTEST: MARION SWILNSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. JED/DM/db /r JOE SCHREIBER MAYOR RECORD OF COMMISSION MAYOR SCHREIBER DIST 1: V/M. PORTNER DIST 2: COMM. MISHKIN _ DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS 1 11 1 EXHIBIT I TEMP. RESO. # 9972 ST I E/ ./ TEXACO > MCNAB ROAD MCNAB ROAD THE GREENS LIME BA DAY y j OF TAMARAC SE II SEC. I COL, W. Ij CLUB HOUSE C3 z W I LID 2 LC C P rA L L C RAL P LMS* OL ch OLF oe (b V LLAS o'bi w W Li WLu u W wNHS uAGUS SP C4 Ld C3 WEDGES 6,3. > of - uj LAND SEC. 8 WEDGEWOOD LN w w w (63 ;TTW — w w W W W W w w BOARDWALK APTS. u SANTA ROSA DR. 61 ST 34 > > PARADISE CT PATIO HOMES Op 61 ST 61 ST m > cu> I 6 T5¢ (v PAR. DR BOARDWALK APTS. 60 ST 60 ST 59 PL R STANLEY LN, ui 59 Pt Lij <z >-ZFn CT Im LANDINGS PARADISE I Li z Lo CYPRESS ESTATES V) 59 ST CD P-1 co BRADSHAW LP m% GREENS E. PLUM HARBOR WY. 59 CT WATERS 58 PL X EDGE LYONS (4 La > w I.- .. I INDUSTRIAL C3 PL ik ad m: , N N w > w Li co < V.G,C, PARK PARK 58 ST ID In (VISUAL GRAPHICS) 57 DR 00 CD co GRAPHLINE uJ MARLEN > ST wm MAINLAqDS UNIT 1 STOROPACK PARK :5:7 ]L > m Ic --- > > THE TAMARAC r-- 57 PL < co z THE JEWISH CINNAMON HERALD CENTER TREE 8741-8767 57 P1 A7A OFC, BLDG 57 ST CT WENDY'SAN WENDY'S OLD FASHIONED HAMBURGERS WARRANTY BOND RELEASE Exhibit "2" 3ond No. 6127042 SUIBDIVISION IMPROVEMENT WARRANTY BOND Project Name. Wend 's Oig F s 'oned Ha bur ers — 8901 West Commercial Soulayard Tamarac, Florida,- Water Main Im ovements KNOW ALL MEN BY THESE PRESENTS: That Y e d 's of N.E. Florida . -Inc. having an address of 4288 W. Dublin •;r nville Soad, Dublin O 430 7 as Principals, and Safeco Insurance Company of America having an address of 5901 East Galbraith Road Cincinnati, OH 45236 a corporation, existing under the laws of the State of Florida, and having heretofore complied with all the requirements of the laws of the State of Florida regulating the admission of such corporation to transact business in this State, as Surety, are held and firmly bound unto the City of Tamarac of Broward County, a municipal corporation of the State of Florida, having an address of 7525 Northwest Be Avenue, Tamarac, Florida, 33321 in the full and just sum of Four ($4 324.50) Thousand Three Hundred Twenty Four Dollars &50/100 _ lawful money of the United States of America, for which sum well and truly to be paid to said City of Tamarac, the said Principal and the said Surety do hereby bind themselves, their heirs, executors, administrators, successors or assigns respectively, as the case may be, jointly and severally, firmly by these presents. WHEREAS, in accordance with the terms of Section to-156, as amended by Ordinance 93 23, paragraph (b) of the Tamarac City Code, there is a requirement that a bond in the amount of 25 percent (25%) of the actual cost of the Subdivisian Improvements be posted upon formal acceptance of said Subdivision Improvements by the City Commission, and G51218 1 GtmaviWon improvement Wwremy Bond WHEREAS, in compliance with said warranty bond requirements, said Principal is required to furnish a good and sufficient bond in a surety company licensed to do business in the State of Florida conditioned upon the correction of all insufficiencies in design, workmanship and/or materials which are found within one year of the date of the formal acceptance of the Subdivision Improvements by the City Commission of the City of Tamarac, Florida. Now, THEREFORE, the condition of the obligation is such that if the said Principal, its successors, legal representatives or assigns shall have made all corrections and shall have paid all claims for the cost of correcting all insufficiencies in design, workmanship and/or materials discovered within one year of the date of formal acceptance of the Subdivision Improvements by the City Commission of the City of Tamarac, Florida, then this obligation shall be void; else to continue in full force and effect. Prior to the end of the calendar year following said City Commission's formal acceptance of the Subdivision Improvements warranted by this bond, the Director of Utilities or his designee shall inspect them for final release. If his investigation reveals any insufficiencies, then he shall notify the Principal, in writing, that the work is unacceptable. The Principal and the Surety, jointly and severally, agree that said City of Tamarac shall have the right to correct insufficiencies in design, workmanship and/or materials in the event the Principal should fail or refuse so to do within ninety (90) days 9B1218 1 SubdlvWan Imprawm9M Wwmty Bond after said written notice by the Director of Utilities, and, pursuant to public advertisement and receipt and acceptance of bids, cause and insufficiencies in design, workmanship and/or materiais to be corrected. In such case, the Principal and Surety shall be jointly and severally liable hereunder to pay ,and indemnify said City upon the correction of said insufficiencies in design, workmanship and/or materials, the final total cost thereof, including but not limited to engineering, legal and contingent costs together with any damage, direct or consequential, which said City of Tamarac may sustain on account of the failure of the Principal to comply with all of the requirements hereof. Upon recommendation by the Director of Utilities for final acceptance and upon compliance by Principal with applicable conditions, as hereinabove stated, the Director of Utilities will then recommend to the City Commission the release of this reduced bond, by resolution. 1z1$ 3 Subdivision Improvementwar &M Bond IN WITNESS WHEREOF, the above bounden parties have executed their instrument by affixing their corporate names and sells hereto and causing their authorized representatives to sign these presents, pursuant to the authority of their goveming 29th of November bodied on this day SIGNED AND SEALED IN THE PRESENCE OF: LIN (Title) Sa eco insurance ompany America itl ) r Surety Kimberly G. She d, Attorney -in -Fact Attested#y U 41' 2 ej (,Title) NOTE: The respective corporate soals should be affixed: Countersigned By: Russell, Florida Resident Agent 881219 4 Suddtvision Improvement Warranty Bond S O INSURANCE COMPANY OF AMERICA POWER w C CO' " G�. _RAL INSURANCE COMPANY OF AMERICA H F 6 JF ATTORNEY HOME OFFICE: SAFECO PLAZA 131 SEATTLE, WASHINGTON 98185 No. 9600 NOW ALL BY THESE PRESENTS: CE COMPANY OF AMERICA, each a Washington corporation, does each hereby nat SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURAN )point ■■■■■■■•■■BERNARDJ, CALONGE: BARBARA A. ROBERTS; Cincinnati3Ohio; GREGORY 1. MALLON; WILLIAMF. FAILOR; KIMBERLYG. SHERROD: DEBORAH UNNINGHAM; Columbus, Ohio; MARGARETA. SMITH; ALICE V. HALTER; ClevelandOhio**********************.... s true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character .sued in the course of its business, and to bind the respective company thereby. 4 WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and ttested these presents this 12th day of March k� �4&464 ..J A.XJ R.A. PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 1999 Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that )urpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to -xecute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any nstrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or indertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced: provided, however, that the seal shall not :�e necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. 'On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the facsimile seal of said corporation SEAL Of WASM l �--�aftQAY� , l this /Z L day of E `1 SEAL x . 82'� ,. R.A. PIERSON, SECRETARY S-097415AEF 7/98 0 Registered trademark of SAFECO Corporation. 3l17199 PDF v' SAFECo' SAFECO INSURANCE COMPANY OF AMERICA FINANCIAL STATEMENT -- DECEMBER 31. 2000 Assets Cush arnd Bank Deposit% ....................................... $ (53,063,991) `Bonds — U.S. Government ................................. 155,368,687 *Other Bonds-........................................................ 1,597,541.400 "Stockv................................................................... 652,064.234 Rcal Estatc............................................................ 33.625.015 Agents' Balances or Uncollected Premiums........ 304.917,500 Accrued lrttcrest rnd Rcnts.................................. 34,192,576 Other Adihied Assets ......................................... 274,804.794 Total Admitted Assets .................................. $ 2,999,450,215 /a,VoLDRAI 4jj M►fit SEAL fry F 00�� Liabilities Unearned Premiums ............................................. S 584,301,869 Reserve for Claims and Clairns Expense ................ 1,4W,815,758 Funds Held Under Reinsurance Treaties ................ 405,241 Reserve for Dividends to Policyholders ................. 8,388,015 Additional Statutory Reserve ................................. — Reserve for Commissions, Taxes uid Other Liabilities ................................................ 291.218,866 Total......................................................... .... S2,293,129,749 Capital Stock ............................. 5 5.000,000 Pale► lit Surplus ........................... 11.139.941 Unassigned Surplus ................... 690.180,525 Surplus to Policyholders .............................. 706,320,466 ,total Liabilities and Surplus ............................... $2,999,450.215 "Bonds are stated at amortized or investment value; Stocks at Association Market Values. Securities carried at S121,297,719 are deposited as required by law. 1, MICHAEL C. PETERS, seniar vice president of SAFECO Insurance Company of Amcricu, do hereby certify that the foregoing is a true, and correct statement of the Asscis and Liubiliticu of uaid Corporation, as of December 31, 2000. to the best of my knowledge and belief. PN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington. thig I$I day of March, 2001. Senior Vice President 5. 2tr4 3%Dt -'A .ToWarad tradSM&k or SAFECO Corodrtllpl