HomeMy WebLinkAboutCity of Tamarac Resolution (7)1
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Temp. Reso. #9621
November 28, 2001 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2002-007
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 #21 BCSAJ6582 FROM HARTFORD
ACCIDENT AND INDEMNITY COMPANY IN THE AMOUNT
OF $44,310.00, SUBJECT TO THE RECEIPT OF ONE-YEAR
WARRANTY BOND IN THE AMOUNT OF $9,750.00 FOR
THE WATER DISTRIBUTION AND SEWAGE COLLECTION
SYSTEM IMPROVEMENTS INSTALLED FOR THE
SUNSHINE PLAZA PROJECT LOCATED ON THE
NORTHWEST CORNER OF COMMERCIAL BOULEVARD
AND STATE ROAD 7; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, J. Raymond Construction Corp., has constructed the Sunshine Plaza
Project and installed the Water Distribution and Sewage Collection System Improvements
in accordance with the Site Plan approved by the City Commission on April 12, 2000; and
WHEREAS, the Water and Sewer Developer's Agreement accepted and executed r�
by the City of Tamarac, requires J. Raymond Construction Corp., to provide a Warranty
Bond to the City of Tamarac for the Sunshine Plaza Project Water Distribution and Sewage
Collection System Improvements located on the northwest corner of Commercial
Boulevard and State Road 7 (a copy of which is attached hereto in map form as "Exhibit
1 "); and
Temp. Reso. #9621
November 28, 2001 2
WHEREAS, J. Raymond Construction Corp., has requested the release of a
Public Improvement Performance Bond in the form of Surety Bond #21 BCSAJ6582
from Hartford Accident and Indemnity Company in the amount of $44,310.00 (a copy of
which is attached hereto as "Exhibit 2") subject to the receipt of a Warranty Bond in the
amount of $9,750.00 to the City of Tamarac for the Water Distribution and Sewage
Collection System Improvements installed for the Sunshine Plaza 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 Sunshine Plaza 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
J. Raymond Construction Corp., for the Sunshine Plaza Project Water Distribution
System Improvements.
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Temp. Reso. #9621
November 28, 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 J. Raymond Construction
Corp., a Public Improvement Performance Bond in the form of Surety Bond
#21 BGSAJ6582 in the amount of $44,310.00 subject to the receipt and acceptance of a
Warranty Bond for the Water Distribution and Sewage Collection System Improvements
in the amount of $9,750.00 for the Sunshine Plaza Project located on the northwest
corner of Commercial Boulevard and State Road 7 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: This Resolution shall become effective immediately upon its
Temp. Reso. #9621
November 28, 2001 4
passage and adoption.
PASSED, ADOPTED, AND APPROVED this & day of January, 2002.
ATTEST:
MARION SWE SON, CMC
CITY CLERK
I HEREBY CERTIFY that I
have approved this
REZOLUTION as t
ITCHELL S. F
CITY ATTO EY
RG/DTM/mg
6/jOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER A yel
DIST 1: COMM. PORTNER A Mew
Al DIST 2: COMM. MISHKIN e.
DIST 3: V/M SULTANOF A yel
DIST 4: COMM. ROBERTS A e.
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SUNSHINE_PLAZA
SUNSHINE PLAZA
PERFORMANCE BOND RELEASE
Exhibit 2
SUBDIVISION IMPI:tOVEMENT PERFORMANCE BOND
BOND NO. 21BCSAJ6582
Project Name:
KNOW ALL MEN BY THESE PRESENTS: That J. RAYMOND CONSTRUCTION CORP.
having an address of 465 W. WARREN AVE
HARTFORD ACCICENT AND INDEMNITY COMPANY
HARTFORD PLAZA, HARTFORD, CT 06115
LONGWOOD, FL 32750 as Principals, and
having an address of
a corporation, existing
under the laws of the State of Florida, and having heretofore compiled 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 88 h Avenue, Tamarac, Florida, 33321 in the full
and just sum of FORTY FOUR THOUSANDTHREE HUNDRED JEN & - ---_-Dollars ($ 44,310.00),
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 furnish a Performance Band to
guarantee the installation of public improvements as indicated on the Certified
Estimated Cost (Exhibit A attached) and on plans prepared by CRAVEN THOMPSON & ASSOC I ATE5, INC.
and approved by the Utilities Engineer or his designee on gar i 1 6 , 20 01, for
the SUNSHINE PLAZA Project and to comply with
requirements of Tamarac City Code Section 10-156_
981218 1 Subdivision Improvement Performance Band
The City is 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 J . RAYMOND CONSTRUCTION CORP.
failure to construct the public improvements;
2. That the Developer's 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 bond 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.
881218 2 Subdivision Improvement Performance Bond
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 19TH day of APR , 20_.Q ,.
SIGNED AND SEALED
IN THE PRESENCE OF:
ma.=$M�i1/ /�
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NOTE
J. RAYMOND CONSTRUCTION CORP.
flvss��7�
or the President
A
se'JL"K Jive,
Attested by
(Title)
HARTFORD ACCIDENT AND INDEMNITY COMPANY
BY:r�i
(Title) for Surety
KEVIN WOJTOWICZ, ATTORNEY -IN -FACT b
FLORIDA ICENSED RESIDENT AGENT
ested by
LINDA MEYER
ATTORNEY -IN -FACT
(Title)
The respective corporate seals should be affixed:
981218 3 Subdivision tmproveme!nt Performance good
HARTFORD ACCIDENT AND INDEMNITY COMPANY
Hartford, Connecticut
POWER OF ATTORNEY
Know all men by these Presents, That HARTFORD ACCIDENT AND INDEMNITY COMPANY, a corporation duly organized under the laws of the State of Connecticut,
and having its principal office in the City of Hartford. County of Hartford, State of Connecticut, does hereby make, constitute and appoint
Brett Rosenhaus, Robert Af. Welsh, Melinda Rosenhaus, Marian Elaysky and Laura Mosholder of Altamonte Springs, Florida;
Kevin Wojtowicz and Linda Meyer of Largo, Florida; D. Michael Stevens and Don A. Lambert, Jr. of Palm Beach Gardens, Florida;
Charles J. Nielson, Mary C, Aceves and Warren Alter of Miami Lakes, Florida
its true and lawful Attomey(s)-in-Fact, with full power and authority to each of said Attomey(s)-in-Fact, if more than one is named above, to sign, execute and acknowledge any and all
bonds and undertakings on behalf of the Company in its business of guaranteeing the fidelity of persons holding pieces of public or private trust: guaranteeing the performance of
contracts other than insurance policies; guaranteeing the performance of insurance contracts where surety bonds are accepted by states and municipalities, and executing or
guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed, any and all Surety Bonds and any and all consents required by the Florida
Department of Transportation, incident to the release of retained percentages and/or final estimates on engineering and/or construction contracts and to bind HARTFORD ACCIDENT
AND INDEMNITY COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an
Executive Officer of HARTFORD ACCIDENT AND INDEMNITY COMPANY and sealed and attested by one other of such Officers, and hereby ratifies and confirms all that its said
Attomey(s)-in Fact may do in pursuance hereof_
This Power of Attomey is granted under and by authority of the By -Laws of HARTFORD ACCIDENT AND INDEMNITY COMPANY, ("the Company') as amended by the Board of
Directors at a meeting duly called and held on May 13th, 1999. as follows:
ARTICLE IV
SECTION 8. The President or any Vice -President or Assistant Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority to appoint,
for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more resident Vice -President, resident Assistant
Secretaries and Attomeys-in-Fact and at any time to remove any such resident vice -President, resident Assistant Secretary, or Attomey-in-Fact, and revoke the power and authority
given to him.
SECTION 11. Attomeys-in-Fact shall have power and authority, subject to the terns and limitations of the power of attorney issued to them, to execute and deliver on behalf
of the Company and to attach the seal of the Company thereto any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument
executed by any such Attomey-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested by one other of such Officers.
RESOLVED, that the signatures of such Officers and the seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by
facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so
executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is
attached.
In Witness Whereof, HARTFORD ACCIDENT AND INDEMNITY COMPANY has caused these presents to be signed by its Assistant Vice -President, and its corporate seal
to be hereto affixed, duly attested by its Assistant Secretary, this 14th day May, 1999.
Attest: HARTFORD ACCIDENT AND INDEMNITY
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Ck / Wr
Paul A. Bergenholtz, Assistant Secretary Robert L. Post, Assistant Vice President
STATE OF CONNECTICUT
COUNTY OF HARTFORD I Ss. Hartford
On this 14th day of May, A.D. 1999, before me personally came Robert L. Post, to me known, who being by me duly swom, did depose and say: that he resides in the
County of Hartford, State of Connecticut; that he is the Assistant Vice President of HARTFORD ACCIDENT AND INDEMITY COMPANY, the corporation described in and which
executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said corporation and that he signed his name thereto by like order.
N.wAW o'I
e pu9uc
Ny3� lean H. Womiak
Notary Public
CERTIFICATE My Commission Expires June 30. 2004
I, the undersigned, Assistant Vice President of HARTFORD ACCIDENT AND INDEMNITY COMPANY, a Connecticut Corporation, DO HEREBY CERTIFY that the
foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore, that Anide IV, Sections 8 and 11 of the By -Laws of HARTFORD
ACCIDENT AND INDEMNITY COMPANY, set forth in the Power of Attorney, are now in force.
Signed and sealed at the City of Hartford. Dated the day of P� P ` 2001 .
7R.,TxA
J. Dennis Lane, Assistant Vice President