HomeMy WebLinkAboutCity of Tamarac Resolution (8)17
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Temp. Reso.#9639
December 10, 2001 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2002-008
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 #11119486865 FROM FIREMAN'S FUND
INSURANCE COMPANY IN THE AMOUNT OF $100,100.25,
SUBJECT TO THE RECEIPT OF A WARRANTY BOND IN
THE AMOUNT OF $25,830.44 FOR THE WATER
DISTRIBUTION AND SEWAGE COLLECTION SYSTEM
IMPROVEMENTS INSTALLED FOR THE SONNY'S
ENTERPRISES PROJECT LOCATED AT 5605 HIATUS
ROAD; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Miller Construction Company, has constructed the Sonny's Enterprises
Project and installed the Water Distribution and Sewage Collection System Improvements
in accordance with the Site Plan approved by the City Commission on May 24, 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 Sonny's Enterprises Project Water Distribution and Sewage
Collection System Improvements located at 5605 Hiatus Road (a copy of which is
attached hereto in map form as "Exhibit I"); and
Temp. Reso.#9639
December 10, 2001 2
WHEREAS, Miller Construction Company, has requested the release of a Public
Improvement Performance Bond in the form of Surety Bond #11119486865 from Fireman's
Fund Insurance Company in the amount of $100,100.25 (a copy of which is attached
hereto as "Exhibit 2") subject to the receipt of a Warranty Bond in the amount of
$25,830.44 to the City of Tamarac for the Water Distribution and Sewage Collection
System Improvements installed for the Sonny's Enterprises 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 Sonny's Enterprises 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 Sonny's Enterprises Project Water Distribution
and Sewage Collection System Improvements.
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Temp. Reso.#9639
December 10, 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 #11119486865 in the
amount of $100,100.25 subject to the receipt and acceptance of a Warranty Bond for the
Water Distribution and Sewage Collection System Improvements in the amount of
$25,830.44 for the Sonny's Enterprises Project located at 5605 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:
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passage and adoption.
Temp. Reso.#9639
December 10, 2001 4
This Resolution shall become effective immediately upon its
PASSED, ADOPTED, AND APPROVED this 9" day of January, 2002.
ATTEST:
MARION SW SON, CMC
CITY CLERK
I HEREBY CERTIFY that I
have appr9ved this
RESjaLU-#ION as to form.
MITCHELL
CITY AT1
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OE S HREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER Aye,
DIST 1: COMM. PORTNER fl ei
DIST 2: COMM. MISHKIN A er
DIST 3: V/M SULTANOF ,q er
DIST 4: COMM. ROBERTS A ei
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EXHIBIT 1
TEMP. RESO. # 9639
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COMMERCIAL BLVD, __
SUNRISE
SONNY'S ENT.DWG
SONNY'S ENTERPRISES
PERFORMANCE BOND RELEASE
EXHIBIT 2
Bond No. 11119486865
SUBDIVISION IMPROVEMENT PERFORMANCE BOND
Prciec: Name: Sonny's Enterprise, Inc.
KNOW ALL MEN BY THESE PRESENTS: That Miller Construction Company
614 South Federal. Highway
having an address of Ft.. Lauderdale, FL 33301 as Principals, and
Fireman's Fund Insurance Company having an address of
5310 Cypress Center Dr., 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 6roward County, a municipal corporation of the State of Florida,
having an address of 7525 Northwest 88 h Avenue, Tamarac, Florida, 33321 in the full
100,100.25
and just sum of One Hundred Thousand One Hundred & 25 / 100 Dollars ($ ),
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 Bond to
guarantee the installation of public improvements as indicated an the Certified
Estimated Cost (Exhibit A attached) and on plans prepared by Keith and Ballbe
and approved by the Utilities Engineer or his designee on May 24 1;9 2000for
the Sonny's Enterprises, Inc.
Project and to comply with
requirements of Tamarac City Cade Section 10-156.
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SuNNblon lmpmvomant Penlomtance 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 to stiller Construction Company
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 far successive periods of one (1) year,
each unless the said surety and/or the said Principal provide written notice to the City
Cleric 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 Sond as required by City Code Section 10-
156.
981218 2 Subdivision Impmement Partrmance Bond
IN WITNESS WHEREOF, the above bounden parties have executed their instrument by
affixing their carparate names and seals hereto and causing their authorized
representatives to sign these presents, pursuant to the authority of their governing
bodies on this 30 day of May , )9 2000
SIGNED AND SEALED
IN THE PRESENCE OF:
Ssa�hl.
(As to Principal)
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NOTE:
Miller Construction Company
rile) for the Pr sident
Attested by
t LLN�7Yi�T-emsj(�i`(rsiY�ld�
(Tide) .
Ft:a ns Company
(Title) for Surety
Charles J. Nielson, Attorney In Fact
Please see attached Power of Attorney
Attested by
(Title)
The respective corporate seals should be affixed:
981218 3 S044tslon lmprmvement Performance Bond
FIRE LYS FUND INSURANCE COMRALIY
NATIONAL SURETY CORPORATION ASSOCIATED INDENLNTI'y CORPORATION
THE AMERICAN LNSLRAYCE COhgANY � UERICAN ALTOhiOBILE LNSURANCE CaMP.�Ny
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THFSE P,RESEN7S: That FUa-VAN'S FUND INSLRANCE'COMPANY, a California corporation, NATIONAL
SURETY CORPORATION, an Illinois corporation. THE AMERICAN INSURANCE COMPANY, a New Jersey corporation. redomesticated in
Nebraska, ASSOCIATED INDEMNM CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE
COMPANY, a Missouri corporation, (herein collectively called "the Companies") does each hereby appoint Charles J . Nielson,
Marl 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, undemikings., recognizances or other written obligations in the stature thereof --------------
and to bind the Companies thereby as folly 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' Secariary, haebTm fying and confirming all that the said A=ney(s}in.Fact may do in the ptcmises.
This power of attorney is granted under and by the authority of Article VII of the By-laws of each of the Companies which previsions are, now
in full force and effect.
ibis power of attorney is signed and scaled undo the authority of the following Rcsolutiota 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 repealed:
"RESOLVED, that the signatue 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 any revocation 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 Vke-President, and their corporate seals to be hereunto
affixed this 29 day of February 2000 - . -
wu., ,FIREMANS FUND INSURANCE COMPANY
• �� •�•••� $ fir'—r NATIONAL SURETY CORPORATION
THE AMERICAN INSURANCE COMPANY
�,,,�, �. • :' : f ASSOCIATED INDEMNTIY CORPORATION
I revs" �;z AI4ER1 AUTOMOBILE INSURANCE COMPANY
STATE OF CALIFORNIA SS. $y''
COUNTY OF MARIN } Vice-Presidea
On this _._ 29 day of February 2 00_, before me personally came Donn R. Rolbeck
to me known, who, being by me duly sworn, did depose and say. that be 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 scab 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 first above written
L OCAMPO
Commission # 1163726
` = : Notcry Pubric . ccitarnic
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Main County
STATE OF CALIFORNIA SS. wwaffm N Public
OF MARIN
I, 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 VII 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 Main. Dated the 30 day of May 2000