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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. 1 C] 1 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. .RFr.T1nN 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 n 1 EXHIBIT I TEMP. RESO. #10016 REN TR14 /�/% •/ C7 Lo GRANVILLE TR15B TR15A A X� AIRFA E CLAIRMONT DR CLAIRM❑NT %D 0 A B 3-A LOMBARDY P Lc� drTR3 �Q EXETER 1j KINGS PT. �• HUNTINGTON COMMER, PK. TR13 TR23 !r v i i R❑CKFORD TR28 S� x o z TR29 c; Y❑RKSHIRE p a 3 �o m i b - C r rn 1 PTON 76 6 Sr INGS PT, WEST LAKE VILLAS X PROF. PLAZA M. y aSITE ��\��\� LOCATION KINGS P❑INT T SALES CENTER p & CLUB HOUSE SPRING LAKC jr CIO 10 5� g o MCNAB ROAD f g BELF❑RT _FqR CIR SL7UrN HIDDEN TR42 TR40 HOLLOW NOH HILL/ WESTWOOD PLAT TR41 MP�V�pN POINT PLAZA WE WOO 7d 0 m 71 ST 7 r SECTION 21 a ¢ m 3 ON WES WOOD 3 70 ST 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 T kl4=i(.v P. 07 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 [114MIL0 r"I 2Mt1K-9 KI"L)Ito P. 08 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. "1218 3 soil lim, tmpra *W'M4 WvMnh BOW OCT-25-99 MON 10:43 AM IP-loat� P, 09 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: "1218 4 subdivt kn knpra►ems ww mty Bond I K ILL)lW 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�� �� , Oa— Ja- 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. r4 ri Dom. 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 Ruuia.�#r t+ �iiii �• ��F i S-4300 (Mg) Assistant Secretary