The URL can be used to link to this page

Home My WebLink AboutCity of Tamarac Resolution (6)11 Temp. Reso. #9635 December 4, 2001 1 CITY OF TAMARAC, FLORIDA " RESOLUTION NO. R-2002-006 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO RELEASE A PUBLIC IMPROVEMENT PERFORMANCE BOND IN THE FORM OF SURETY BOND #11141728631 FROM FIREMAN'S FUND INSURANCE COMPANY IN THE AMOUNT OF $65,008.00, SUBJECT TO THE RECEIPT OF A WARRANTY BOND IN THE AMOUNT OF $19,526.23 FOR THE WATER DISTRIBUTION AND SEWAGE COLLECTION SYSTEM IMPROVEMENTS INSTALLED FOR THE CONVERGYS OFFICE BUILDING PROJECT LOCATED AT 5601 HIATUS ROAD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Miller Construction Company, has constructed the Convergys Office Building Project and installed the Water Distribution and Sewage Collection System Improvements in accordance with the Site Plan approved by the City Commission on September 27, 2000; and WHEREAS, the Water and Sewer Developer's Agreement accepted and executed by the City of Tamarac, requires Miller Construction Company, to provide a Warranty Bond to the City of Tamarac for the Convergys Office Building Project Water Distribution and Sewage Collection System Improvements located at 5601 Hiatus Road (a copy of which is attached hereto in map form as "Exhibit 1 "); and Temp. Reso. #9635 December 4, 2001 2 WHEREAS, Miller Construction Company, has requested the release of a Public Improvement Performance Bond in the form of Surety Bond #11141728631 from Fireman's Fund Insurance Company in the amount of $65,008.00 (a copy of which is attached hereto as "Exhibit 2") subject to the receipt of a Warranty Bond in the amount of $19,526.23 to the City of Tamarac for the Water Distribution and Sewage Collection System Improvements installed for the Convergys Office Building Project; and WHEREAS, the improvements were inspected, approved and are recommended for acceptance for a one-year warranty period by the Utilities Engineering Division; and WHEREAS, it is the recommendation of the Director of Utilities that the Public Improvement Performance Bond be released for the Convergys Office Building 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 Performance Bond subject to the receipt of a Warranty Bond from Miller Construction Company, for the Convergys Office Building Project Water Distribution and Sewage Collection System Improvements. C 1 Temp. Reso. #9635 December 4, 2001 3 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 and directed to release to the Utilities Department for return to Miller Construction Company, a Public Improvement Performance Bond in the form of Surety Bond #11141728631 in the amount of $65,008.00 subject to the receipt and acceptance of a Warranty Bond for the Water Distribution and Sewage Collection System Improvements in the amount of $19,526.23 for the Convergys Office Building Project located at 5601 Hiatus Road 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 part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: passage and adoption. Temp. Reso. #9635 December 4, 2001 4 This Resolution shall become effective immediately upon its PASSED, ADOPTED, AND APPROVED this 9" day of January, 2002. ATTEST: MARION S ENSON, CMC CITY CLERK I HEREBY CERTIFY that I hnvp gnnrnvpd this RG/DTM/mg RECORD OF COMMISSION VOTE: MAYOR SCHREIBER A e, DIST 1: COMM. PORTNER 8 e DIST 2: COMM. MISHKIN A ev DIST 3: V/M SULTANOF A el DIST 4: COMM. ROBERTS Aye, 1 1 11 EXHIBIT 1 TEMP. RESO. # 9635 -% WING DR. jlz� 1 o MCNAB ROAD TEE PLAT J & J PLAT TAMARAC MARKET .................................................................................................... ............................................................ ....................................... PLACE 13 m 0 0 ZEPHYRHILLS LOVESHAW I.T.W. MIMA 67 ST ARCH MEDIA ONE ALUMINUM CULLIGAN LAND SEC, 7 ..................................................................... ........................................... z < u PUBLIC cu SERVICES (::I cy— u COMPLEX —i E3 z w Ld 0 r CL < < a_ x L13 Q ❑ n > 0 "%-. 0 E:3 4: > (Y Ld a- C3 cl (4 7- q C3 L) SITE C❑MM COMMERCIAL BLVD. SUNRISE LOCATION I CONVERGYS.DWG CONVERGYS OFFICE BUILDING PERFORMANCE BOND RELEASE Exhibit 2 79 SI)sOrVISlON IMPROVEMENT PERFORMANCE eOND Bond No. 11141720631�C 40 13 IFmiect Neme.,: CONVERGYS ri y i KNOW ALL MEN BY THESE PRESENTS: That Miller Construction C om—pa ny having an address of 614 Sw Federal . ; Ft� Laud., F�hs r3'RrMpals, and Fireman's Fund Insurance Company having an address of 5310 Cypress Center Drive, Tampa, FL 33679 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 Sixty Five Thousand Eight and No/100***** DoRars($65,008.00 and just sum of , 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 Perfanmtnce Bond to guarantee: the installation of public improvements as indicated on the Certified Estimatecl Cost (ExhbitA attached) and on plans prepared by Retzsch, Lanao, Caycedo and approved by the Utilities Engineer or his designee on Sept, 27 the Convergys Project and to is2000 for comply with requirements of Tamarac City Code Section 10-156. sel2ye 1 SUMOvesian Improvdmant POftrmenca Bond 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 tea "( 19—A failure to construct the public improvements; 2. That the ❑eveloper's obligations have not been corhpleted 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 Cede has not been A 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 natice 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 Ci of Tamarac returns the original letter of credit together with notification that it may be-terrninated.- 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, 98121 a 2 Subdivision Imprvvarn ►1: Performance Bond IN ,jMTNEa8 P'HEREOF, u,e abcve bounden parties have execute. their instrument by of � ing their ,crporate names and sesis hereto and causing their authcri;ed representative: to sign these preserft, pursuant to the authoety cf their governing bodies cn this. 27th jay ofNovember �C SIGNED AND SEALED IN THE PRESENCE. OF: lrL L - ►r L� - Qscr�� — (As to p rincrpal 1 Miller Construction Company ( tle) ident Attested by Firem �s n n LnceCompany (rrUe) for S rety Charles J. Nielson, Attorney In Fact Please see attached Power of Attorney Attested by /' NOTE: The respective corporate seats should be affixed: 941:18 3 SubdtvWon IPP"Or-laMt P_rf=r2nce Band 4 r . FTREMAN'S FUND DMURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GEMRAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL SURETY CORPORATION, an Illinois corporation, THE AMMUCAN INSURANCE COMPANY, a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and A CERICAN AUTOMOBILE INSURANCE COMPANY, a Missouri corporation, (herein collectively called "the Companies") does each hereby appoint' Charles J . Nielson, Mary Aceves, Brett Rosenhaus, D. Michael Stevens, Kevin Wojtowicz, Charles D. Nielson or Warren M. Alter of Miami.Lakes, FL Don A. Lambert, Jr., Lynn C. Lambert of Palm Beach Gardens, FL their true and lawful Attorney(s)-in-Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof --------______—_ and to bind the Conq mien thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seals of the Companies and duly attested by the Companies' Secretary, herebyTatifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted under and by the authority of Article VU of the By-laws of each of the Companies which provisions are now in frill force ands$ This power of attorney is signed and sealed under the authority of the following Resolution adopted by the Board of Directors of each of the Companies at a meeting duly called and held, or by written consent, on the 19th day of March, 1995, and said Resolution has not been amended or "MOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of the Companies, and the seal of the Companies may be affixed or printed on any power of attorney, on anyrevocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Companies." IN WITNESS WHEREOF, the Companies have caused these presents to be signed by their Vice -President, and their corporate seals to be hereunto affixed this 29 day of_. _. February 2 000 77� a—ep ago ` .. Z /-: .,� s a w r.?8 € C <T� NCi Cp �yrr CC (pyly A�++E STATE OF CALIFORNIA I S.S. COUNTY OF MARIN FMENiAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION THE AMFRiICAN INSURANCE COMPANY ASSOCIATED INDEMNITY CORPORATION AMERIC . AUTOMOBILE INSURANCE COMPANY By 1i-�nt.•r -c . --y4t�� Vice -President On this 2,2 day of _ Febj:jary , 2000 , before me personally came Donn R. Kolbeck to me known, who, being by me duly sworn, did depose and say: that he is a Vice -President of each company, described in and which executed the above instrument; that he knows the seals of the said Companies; that the seals affixed to the said instrument are such company seals; that they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein fast above written. L OCMAPO Commission # 1163726 %_MyCXrVrL Notary Public - Corifomi�aMorin County STATE OF CALIFORNIA SS. v N Public COUNTY OF MARIN 1, the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article Vli of the By-laws of each company, and the Resolution Of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed and scaled at the County of Morin. Dated the 27th day of November , 2000 Z s[rr.avro _ ? a CA 1.1F € L Resident Assismt Secraary