HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-026Temp. Reso. #10016
January 6, 2003 1
Revision 1, January 30, 2003
Revision 2, February 3, 2003
CITY OF TAMARAC, FLORIDA
RESOLUTION N0. R-2003- v26
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 #3-382-855 FROM OHIO CASUALTY
INSURANCE COMPANY IN THE AMOUNT OF $4,781.25
FOR THE WATER DISTRIBUTION SYSTEM
IMPROVEMENTS INSTALLED BY EVANGELICAL
COVENANT CHURCH FOR THE EVANGELICAL COVENANT
CHURCH PROJECT LOCATED AT 9904 NW 77T" STREET,
TAMARAC, FLORIDA 33321; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Evangelical Covenant Church has constructed the Evangelical
Covenant Church Project and installed the Water Distribution System Improvements in
accordance with the Site Plan approved by the City Commission on July 8, 1998; and
WHEREAS, the Water and Sewer Developer's Agreement accepted and executed
by the City of Tamarac on October 14, 1998, requires Evangelical Covenant Church to
provide a one-year Warranty Bond to the City of Tamarac for the Evangelical Covenant
Church Project Water Distribution System Improvements located at 9904 NW 77th Street,
Tamarac, Florida 33321 (a copy of which is attached hereto in map form as "Exhibit 1");
and
Temp. Reso. #10016
January 6, 2003 2
Revision 1, January 30, 2003
Revision 2, February 3, 2003
WHEREAS, Evangelical Covenant Church has requested the release of a Public
Improvement Warranty Bond in the form of Surety Bond #3-382-855 from Ohio Casualty
Insurance Company in the amount of $4,781.25 (a copy of which is attached hereto as
"Exhibit 2") for the Water Distribution System Improvements installed for the Evangelical
Covenant Church 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 Evangelical Covenant Church Project
Water Distribution 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 #3-382-855 from Ohio Casualty
Insurance Company in the amount of $4,781.25 for the Evangelical Covenant Church
Project Water Distribution System Improvements.
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Temp. Reso. #10016
January 6, 2003 3
Revision 1, January 30, 2003
Revision 2, February 3, 2003
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
the one-year Public Improvement Warranty Bond for the Water Distribution System
Improvements in the form of Surety Bond #3-382-855 from Ohio Casualty Insurance
Company in the amount of $4,781.25 for the Water Distribution System Improvements
installed by Evangelical Covenant Church for the Evangelical Covenant Church Project
located at 9904 NW 77th Street, Tamarac, Florida 33321 in accordance with Section 10-
156 of the City Code.
SECTION 3: 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
Temp. Reso. #10016
January 6, 2003 4
Revision 1, January 30, 2003
Revision 2, February 3, 2003
part or application; it shall not affect the validity of the remaining portions or applications of
this Resolution.
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passage and adoption.
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this 12t" day of February, 2003.
JOE SCHREIBER
MAYOR
ATTEST:
MARION SWE SON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
CITY ATTORN
RECORD OF COMMISSION
MAYOR SCHREIBER
DIST 1: V/M. PORTNER___�
DIST 2: COMM. MISHKIN J
DIST 3: COMM. SULTANOF
DIST 4: COMM. ROBERTS
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TEMP. RESO. #10016
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EVANGELICAL COVENANT CHURCH
WARRANTY BOND RELEASE
OU-25-99 MON 10: 42 AM -TV, 10 0 I h P. 06
Bond # 3-382-855
Exhibit "2"
Project Name. Evancrelical Covenant Church .�
KNOW ALL MEN BY THESE PRESENTS: That Church
having an address of 9904 NW 77th Street, Tamarac I FL as Principals, and
Ohio Casualty Insurance 22TL=y having an address of
136 N. Third street, Hamilton, OH 45025 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 881' Avenue, Tamarac, Florida, 33321 in the full
and just sum of Four Th maW seven Ru-rxlred Eighty_ one 25 1 Sollars ($ 4, 781.2A
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 10-156, 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 of the actual cost of the Subdivision Improvements be
posted upon formal acceptance of said Subdivision improvements by the City
Commission, and
$6121 a 1 subdiv sw ImproveMant tlVunaty Bond
OCT-25-99 MON 10:42 AM
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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
961216 2 subdivision 1MVWWftrA W&nb Bond
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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 materials to be corrected. In such case, the Principal and Surety shag 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.
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OCT-25-99 MON 10:43 AM
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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 governing
bodies on this 26 day of October� , 19 HI
SIGNED AND SEALED
IN THE PRESENCE OF:
Evangelical Covenant Church
Attested by
-1n-fact
NOTE:
The respective corporate seals should be affixed:
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CERTIFIED COPY OF POWER OF ATTORNI
fHE OHIO CASUALTY INSUTANCE COMPANY
WEST AMERICAN INSURANCE COMPANY
No. 33-539
Know All Men by These Presents: That THE OHIO CASUALTY INSURANCE COMPANY, an Ohio Corporation, and WEST AMERICAN INSURANCE
COMPANY, an Indiana Corporation, in pursuance of authority granted by Article VI, Section 7 of the By -Laws of The Ohio Casualty Insurance Company and Article VI,
Section 1 of West American Insurance Company, do hereby nominate, constitute and appoint: Ronald F. Price or 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 Companies, 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 Companies at their administrative offices in Hamilton, Ohio, in their own proper
persons.
The authority granted hereunder supersedes any previous authority heretofore granted the above named attomey(s)-in-fact.
In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty Insurance Company and West American Insurance
Company has hereunto subscribed his name and affixed the Corporate Seal of each Company this 213t day of October, 1998.
'ssw��
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am La%%Tcnce, Assistant Secretary
STATE OF OHIO,
COUNTY OF BUTLER
On this 213t day of October, 1998 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 and WEST AMERICAN 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 sworn deposeth and
saith, that he is the officer of the Companies aforesaid, and that the seals affixed to the preceding instrument arc the Corporate Seals of said Companies, and the said Corporate
Seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I 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.
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Notary Public in and for County of Butler, State of Ohio
My Commission expires September 25, 2002.
This power of attorney is granted under and by authority of Article VI, Section 7 of the By -Laws of The Ohio Casualty Insurance Company and Article VI, Section I of West
American Insurance Company, extracts from which read:
Article VI, Section 7. APPOINTMENT OF ATTORNEYS -IN -FACT, ETC. "The chairman of the board, the president, any vice-president, the secretary or any
assistant secretary of each of these Companies shall be and is hereby vested with full power and authority to appoint attomeys-in-fact for the purpose of signing the name of the
Companies as surety to, and to execute, attach the corporate seal, acknowledge and deliver any and all bonds, recognizance, 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 of county or state, or the United States of America, or to any other political subdivision."
Article VI, Section 1. APPOINTMENT OF RESIDENT OFFICERS. "The Chairman of the Board, the President, any Vice President, a 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 corporation as surety or guarantor,
and to execute, attach the corporate seal, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other inspuments of surety -ship or guarantee,
and policies of insurance to be given in favor of an individual, firm, corporation, or the official representative thereof, or to any county or state, or any official board or boards
of any county 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 respective directors of the Companies (adopted May 27, 1970-The
Ohio Casualty Insurance Company; adopted April 24, 1980-West American Insurance Company):
"RESOLVED that the signature of any officer of the Comparry authorized by the By -Laws to appoint attorneys in fact, the signature of the 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 power of attomey 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 valid and binding upon the
Company with the same force and effect as though manually affixed."
CERTIFICATE
I, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company and West American Insurance Company, do hereby certify that the foregoing power of
attorney, the referenced By -Laws of the Companies and the above Resolution of their Boards of Directors are true and correct copies and are in full force and effect on this date.
IN WITNESS WHEREOF, I have hereunto set my hand and the seals of the Companies this 26 day of October 1999
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