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HomeMy WebLinkAboutCity of Tamarac Resolution (8)17 1 L 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. E 1 1 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: ,r 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 RG/dtm/db EY �Q 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 1 1 EXHIBIT 1 TEMP. RESO. # 9639 z I z w N a Q J w 0- 0 1 W N Nt W Z 0 U WING DR. r., MCNAB ROAD TEE PLAT J & J PLAT TAMARAC MARKET PLACE q f Q C] ZEPHYRHILLS LOVESHAW I.T.W. MIMA = 67 ST ARCH MONEA w w ALUMINUM w w w O `r Z w CULLIGAN w w w w aw LAND SEC, 7 PUBLIC SERVICES COMPLEX A � A Q J � isci � J ~ 4 SITE LOCATION ¢ ------------ 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. 1 r 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) r 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 a 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