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HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-011January 8, 2003 - Temp. Reso. #9974 Page 1 of 1 1 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003- d l A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO RELEASE A PERFORMANCE BOND IN THE FORM OF SURETY BOND #3-614-864 FROM THE OHIO CASUALTY INSURANCE COMPANY, IN THE AMOUNT OF $23,896.28 POSTED BY PETROPAC, INC., HELD AS GUARANTEE OF PERFORMANCE AND AS WARRANTY FOR THE CONSTRUCTION OF A STORMWATER MANAGEMENT SYSTEM WITHIN THE PUBLIC RIGHT-OF-WAY OF NW 57T11 STREET AS AN OFF -SITE IMPROVEMENT FOR THE 7- ELEVEN PROJECT LOCATED ON THE NORTHWEST CORNER OF COMMERICAL BOULEVARD AND NW 791h AVENUE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Petropac, Inc. has filed with the City of Tamarac a Performance Bond in the form of Surety Bond #3-614-864 from The Ohio Casualty Insurance Company, in the amount of $23,896.28, a copy of which is attached hereto as "Exhibit A", to guarantee construction of a stormwater management system within the public right-of-way of NW 57th Street, as an off -site improvement for the 7-Eleven project located on the northwest corner of Commercial Boulevard and NW 79th Avenue; and WHEREAS, the stormwater management system has been inspected and found acceptable by the Public Works Engineering Division; and WHEREAS, pursuant to City Code Section 10-156, this Performance Bond in the form of Surety Bond #3-614-864, has remained in place for the required one (1) year period in lieu of a warranty bond, and it has been held as guarantee of performance and as warranty; and C:\WINDOWS\TEMP\9974RES-7-11 Stormwater System on NW 57th ROW Performance Bond Release.doc January 8, 2003 - Temp. Reso. #9974 Page 2 of 2 WHEREAS, it is the recommendation of the Public Works Director and the Assistant City Engineer that this Performance Bond be released; 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 this Performance Bond in the form of Surety Bond #3-614-864, in the amount of $23,896.28, posted for the off -site drainage improvements for the 7-Eleven project, located on the northwest corner of Commercial Boulevard and NW 79th Avenue. 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. Section 2: The appropriate City Officials are hereby authorized to release this Performance Bond in the form of Surety Bond #3-614-864 from The Ohio Casualty Insurance Company, in the amount of $23,896.28 posted by Petropac, Inc. for a stormwater management system within the public right-of-way of NW 57th Street, as an off - site improvement for the 7-Eleven project located on the northwest corner of Commercial Boulevard and NW 79th Avenue. Section 3: That all Resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 4: 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 CAWINDOWSUEMP\9974RES-7-11 Stormwater System on NW 57th ROW Performance Bond Release.doc u January 8, 2003 - Temp. Reso. #9974 Page 3 of 3 Section 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 8th day of January, 2003. ATTEST: MARION S ENSON, CMC CITY CLERK I HEREBY CERTIFY that have approved this JOE SCHREIBER MAYOR RECORD OF COMM ISSIO VOTE: MAYOR SCHREIBER DIST 1: V/M. PORTNER DIST 2: COMM. MISHIKIfT DIST 3: COMM. SULTANO DIST 4: COMM. ROBERTS ruZ CAWINDOWS\TEMP\9974RES-7-11 Stormwater System on NW 57th ROW Performance Bond Release.doc hAMR 311 "A" I emp. Keso. #9974 Page 1 of 4 bond no. 3-614-864 SUBDIVISION IMPROVEMENT PERFORMANCF_BOND Project Name: Southland Corp. 7-11 Installation of Storm Water Management System in NW 57th R.Q.W. KNOW ALL MEN BY THESE PRESENTS: That Petropac, Inc. Florida33329 having an address of PO Box 292638, Ft. auderdal eas Principals, and The Ohio Casualty Insurance Company having an address of Hamilton, Ohio 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 88t' Avenue, Tamarac, Florida, 33321 in the full Twenty three thousand, eight hundred ninety six 28/100 and just sum of Dollars ($ )) 23,896.28 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, the said Principal is required to fumish a Performance Bond to guarantee the installation of public improvements as indicated on the Certified Estimated Cost (ExhibitA attached) and on plans prepared by Jeff Falkenger & AssociatE and approved by the Utilities Engineer or his designee on July 12 , 20 00 for the Installation of New Storm Water ProJiaage and to comply with requirements of Tamarac City Code Section 10-156. 981210 1 5ubdlvWc Improvement Pwformanoe Bond CANIM A tt111�. Muti 7. tfV V I 'F Page 2 of 4 The City of authorized to draw drafts at sight accompanied by a signed statement for the City of Tamarac or its authorized representative that: 1. The drawing is due to Petropac, Inc. ' s failure to construct the public improvements; 2. That the developers obligations have not been completed and the City of Tamarac has been notified that the bond will not be extended; or 3. That a warranty bond that is required by Tamarac City Code has not been provided. This instrument shall be automatically renewed for successive periods of one (1) year each unless the said surety and/or the said Principal provide written notice to the City Clerk via registered mail of their intent to terminate the credit herein extended, which notice must be provided at least sixty (60) days prior to the expiration date of the original term hereon or any one (1) year term, or unless the City of Tamarac returns the original letter of credit together with notification that it may be terminated. This bond shall remain in full force until improvements have been accepted by the City Commission and replaced by a Warranty Bond as required by City Code Section 10- 156. 981218 2 Subdivia�ccn'lnpmvenWt Performance Swd F-xHlisi I "A" I emp. KeSO. #F9974 Page 3 of 4 IN WITNESS WHEREOF, the above bounden parties have executed their instrument by affixing their corporate names and seals hereto and causing their authorized representatives to sign these presents, pursuant to the authority of their goveming bodies on this 19 day of July , 20 00_ SIGNED AND SEALED IN THE PRESENCE OF: (As to Principal) Fetropac, In resident sted by (Title) Ohio Casualty Insurance Co. (TitlYforPS (( 1 Attested b)``Dav d D . Stanton Attorney -In -Fact (Title) NOTE: The respective corporate seals should be affixed: 981218 3 Subdivision Improvement Performance Bond EXH1131-1 "A' temp Keso.;FVaf4 Page 4 of 4 _ERTIFIED COPY OF POWER OF ATTORNL Y THE OHIO CASUALTY INSURANCE COMPANY HONE: OFFICE, IIAMILTON, 01110 No. 32-186 Know All Men by These Presents: That THE OHIO CASUALTY INSURANCE COMPANY, in pursuance of authority granted by Article VI, Section 7 of the By -Laws of said Company, does hereby nominate, constitute and appoint: David D. Stanton or Michael J. Weinberg or John T. Dawkins or Patricia C. Segal of Ft. Lauderdale, Florida its true and lawful agent (s) and attorney (s)-in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance SIX MILLION ($6,000,000.00) DOLLARS, excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Hamilton, Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in•fact. In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of the said The Ohio Casualty Insurance Company this 14th day of March 1997. r:!-::S AL !e`er " , .� Sam Lawrence, Assistant Secretary STATE OF 011I0, COUNTY OF BUTLER On this 14th day of March A.D. 1997 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came Sam Lawrence, Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly swom deposeth and saith, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. fN TESTIMONY WHEREOF, F have hereunto set my hand and affixed my Official Seal at the City of Hamilton, State of Ohio, the day and year first above written. Notary Public in and for County of Butler, State of Ohio Nly Commission expires August 5, 1997. 1 his power of attorney is granted under and by authority of Article VI, Section 7 of the By -Laws of the Company, adopted by its directors on April 2, 1954, extracts from a hich read: "ARTICLE VI" "Section 7. Appointment of Attorney -in -Fact, etc. The chairman of the board, the president, any vice-president, the secretary or any assistant secretary shall be and is hereby vested with full power and authority to appoint attorneys -in -fact for the purpose of signing the name of the Company as surety to, and to execute, attach the corporate seal, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of suretyship and policies of insurance to be given in favor of any individual, firm, corporation, or the official representative thereof, or to any county or state, or any official board or boards ofcounty or state, or the United States of America, or to any other political subdivision." This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the Company on May 27. 1974: "RESOLVED that the signature of any officer of the Company authorized by Article VI Section 7 of the by-laws to appoint attorneys in fact, the signature of thr Secretary or any Assistant Secretary certifying to the correctness of any copy of a power of attorney and the seal of the Company may be affixed by facsimile to any pr ,+•cr of attorney or copy thereof issued on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and seal, to be v:,;,d and oinding upon the Company with the same force and effect as though manually affixed." CERTIFICATE 1, :h undersigned Assistant Secretary of The Ohio Casualty Insurance Company, do hereby certify that the foregoing power of attorney, Article VI Section 7 of the by- i%;, of the Company and the above Resolution of its Board of Directors are true and correct copies and are in full force and effect on this date. '.\'i"rA._SS WHEREOF- I have hereunto set my hand and the seal of the Company this 19 day of ,July A.D., 2000 SEAL Y S-4i40-CSG (12/96) Assistant Secretary A.M. Best Company - Best's Ratings Online Page 1 of 1 %*.vt d6 or purchase the complete Best's Company Report for in-depth analysis. YOU thj afnd�us your cjkMments Rating Category (Excellent): Assigned to companies that have, in our opinion, an excellent ability to meet their ongoing obligations to policyholders. 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