HomeMy WebLinkAboutCity of Tamarac Resolution (17)January 23, 2002 -Temp. Reso. #9623
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2002-017
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO RELEASE PUBLIC
IMPROVEMENT PERFORMANCE BOND # B2955765 FROM
RELIANCE INSURANCE COMPANY AS SURETY, IN THE
AMOUNT OF $22,176.00 POSTED BY INTOWN SUITES
INC., FOR PAVING, SIDEWALK AND CURB
IMPROVEMENTS AT THE INTOWN SUITES PROJECT
LOCATED ON THE SOUTH SIDE OF NW 57T" STREET
BETWEEN NW 82ND AVENUE AND NW 81ST TERRACE,
SUBJECT TO THE RECEIPT OF A ONE-YEAR WARRANTY
BOND IN THE AMOUNT OF $5,544.00; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, InTown Suites Inc., has constructed paving, sidewalk and curb
improvements at the InTown Suites project in accordance with the Site Plan approved by
the City Commission on August 25, 1999 through resolution number R-1999-211; and
WHEREAS, pursuant to Section 10-156(a) of the City Code, InTown Suites, Inc.
submitted a Public Improvement Performance Bond #B2955765 from Reliance Insurance
Company as surety, in the amount of $22,176.00, a copy of which is attached hereto as
"Exhibit A", for improvements within the right-of-way; and
WHEREAS, the paving, sidewalk and curb improvements were inspected and found
to be in accordance with the approved Engineering plans; and
WHEREAS, InTown Suites Inc., has requested the release of this Public
Improvement Performance Bond #132955765 from Reliance Insurance Company as surety,
in the amount of $22,176.00, a copy of which is attached hereto as "Exhibit A", and
January 23, 2002 -Temp. Reso. #9623
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WHEREAS, Section 10-156(b) of the City Code requires that the Public
Improvement Performance Bond be released subject to the receipt of a one-year Warranty
Bond in the amount of twenty five percent (25%) of the original bond to the City of Tamarac
for the construction of paving, sidewalk and curb improvements for the InTown Suites
project; and
WHEREAS, it is the recommendation of the Director of Public Works and the
Assistant City Engineer that the Public Improvement Performance Bond be released for the
InTown Suites project for paving, sidewalk and curb improvements, subject to the receipt of
a one-year Warranty Bond from InTown Suites Inc.; 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 # B2955765 from Reliance Insurance Company as
Surety, in the amount of $22,176.00 for the construction of paving, sidewalk and curb
improvements of the InTown Suites project, subject to the receipt of a one-year Warranty
Bond from InTown Suites Inc.
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 a Public Improvement Performance Bond # B2955765 from Reliance Insurance
Company as Surety, in the amount of $22,176.00, for the construction of paving, sidewalk
and curb improvements subject to the receipt of a one-year Warranty Bond in the amount
of $5,544.00 for the InTown Suites project in accordance with Section 10-156 of the City
Code.
January 23, 2002 -Temp. Reso. #9623
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Section 3: That 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 passage
and adoption.
PASSED, ADOPTED, AND APPROVED this 23rd day of January, 2002.
ATTEST:
MARION_SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that I
have approved this
RESOLUTION as to form.
MITCHELL S. IOF
CITY ATTORN
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JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER _ Ayer
DIST 1: COMM. PORTNER A ye,
DIST 2: COMM. MISHKIN AX&
DIST 3: V/M SULTANOF_Ayel
DIST 4: COMM. ROBERTS A
EXHIBIT "A"
Temp. Reso. #9623
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Bond No B295 57 65
RELIANtrE INSURANCE (=C),.APANY
HEAD OFFICE: PHILADELPHIA, PENNSYLVANIA
PERFORMANCE BOND
The American Institute of Architects, AIA Document A311, February 1970 Edition.
KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address or legal title of Contractor) Intown Suites
Commercial Boulevard, Inc.
2102 Piedmont Road, Atlanta, Ga. 30324
as Principal, hereinafter called Contractor, and, RELIANCE INSURANCE COMPANY, a corporation of the State of Pennsylvania, with
its Head Office at Philadelphia, Pennsylvania, as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and
address or legal title of Owner) The City of Tamarac
7525 N.W. 88th Avenue
Tamarac, Fl.
as Obligee, hereinafter called Owner, in the amount of Twenty—two Thousand One Hundred Seventy—six and ---
Dollars ($ 22,176.00 ), for the payment whereof Contractor
and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated October 18 1999 , entered into a contract with Owner for
Installation of public improvements at Intown Suites (Site Preparation, Landscaping
and Irrigation, Pavement Construction, Drainage Construction and Sidewalks)
in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform
said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the Owner.
Whenever the Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed
Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly
1) Complete the Contract in accordance with its terms and conditions, or
2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety
of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible
bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a
default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay
the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety
may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this
paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the
amount properly paid by Owner to Contractor.
Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the
contract falls due,
No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or
the heirs, executors, administrators or successors of Owner.
Signe a d Seale t is 29th day of October 19 99
Intgwr-�uitwj Co is oulevard, Inc. (Seal)
�Pr ci I)
(witness)
EL N INSU CE COMPANY
lam- r C 2 / CG'L Y
(witness) Eileen rant V(Title)
Performance Bond _ Attorney -in —Fact
Revised to February, 1970 '�•5;;
SB 5715ax (1) Printed in U.S.A.
BDR-2304 ED. 7-71 i,.lr.=rk'a+�` '��A'f'..'tMY: •l'::i�
EXHIBIT "A"
Temp. Reso. #9623
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RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY
UNTIED PACInC INSURANCE COMPANY RELIANCE NATIONAL INDENIN[TY C01%IPA.NVY
ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Del-
aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws
of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of
the State of Wisconsin (herein collectively called 'the Companies') and that the Companies by virtue of signature and seals do hereby make,
constitute and appoint John H. Earl, Brute E. Berthon, Eileen Grant, Rhonda Delp, Christine Polhemus, Shannon Carlisle, Carolyn F. Wheeler,
Sandy Benson, Todd Buechte►, Marion Langdon. Elizabeth Buchanan., of Atlanta, Georgia their true and lawful Attorneyle)-in-Fact, to make,
execute, seal and deliver for and on their behalf, and as their act and deed any and all bonds and undertakings of suretyship and to bind the
Companies 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 the Companies and settled and attested by one other of such officers, and hereby ratifies and confirms all that
their said Attorneyls)-in-Fact may do in pursuance hereof,
This Power of Attorney is granted under and by the authority of Article VII of the By -Laws of RELIANCE SURETY COMPANY,
RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which
provisions are now in full force and effect, reading as follows:
ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKINGS
t, The Board of Directors, the Prrridem, the Chairmen of the Board, any Senior Vice Preodern, any vice Prosdent Of Assistant Vice President or other officer designated by the soard of
Directors shill hwo power end authority to Id appoint AttornylsHmFoat end to authwizs thorn to execute en behalf of the Company. bonds and undortalungs, recognuencw. Cantracta of ademroty
ad otter writings obligatory in the nature thereof, ad (b) to rwnove any rich Attorney(s)-inFwt at any time and revoke the power rxd authority given to than,
2. AtternylsHn-Feat shag have power ad authwity, oubieCt to the terms and limitation of the power of Attorney issued to them, to execute deliver an behalf of the Company, bonds
and udertakirgo, recognizahces, contrwle of indemnity and other writings aWioatwy in the natwo thereof. The eerporate wal N not necessary for the validity of any bonds and undwtakrrgo,
recognizeneoe, corhtr m of irdernnnity and ether writings obligatory in Ito nature thereof.
9. Atternev(s)-twFact shelf have power and authority to execrate affidavits regwrd to be attached to bards, recognuauoo, Contracts of Indemnity, or Other eondinonal or obligatory
udertakirgo end they shelf Woo have power and authority to conify the financial statement of the Company ad to Copies of the BY -Laws of the Camp" or any article of aection thereof.
This Power of Attwney is signed and waled by facrmihe undar and by authority of the following rweutiwr adopted by the Exeaeive and Finance Comminow of the Boards of Directors of Reliance
Insurance Company, United Pacific Ireurarye Company and Reliance National Indemnity Company by Unanimotae Coreem dated w of Fobruwy 28, 1994 and by the Executive and Fvwhciah Committee of the Board of Directors of "lance Surety Company by UnavmmA Consent dated w of March 31. 1984.
'Rwalved that the trignetures of such directors aril officers arc the seal of the Company may be affixed to any such Power of Attorney or any cortificatao relating therato by
facsimila,end shy such Power of Attorney or certificate beefind with foceimiia sionsturw of facsimile esal shall be valid and binding upan the Company ezd any such Power so
exeeutod red certified by facsimile signatures aril fuaimila seal shall be valid and binding upon the Company, in the future with reapact to any bard a undertakifp to which
attoca ished.'
IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this August Is,
1999.
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STATE OF Pennsylvania
COUNTY OF Philadelphia $a.
RELIANCE SURETY COMPANY
RELIANCE, INSURANCE COMPANY
UN►rED PACIRC INSURANCE COMPANY
RELIANCE NATIONAL, INDEMNITY COMPANY
—to la,4--j 7 --
On this, August 18. 1999, before me, Valencia Wortham, personally appeared David T. Akers, who acknowledged himself to be the Senior Vice
President of the Reliance Surety Company, and the Vice President of Reliance Insurance Company, United Pacific Insurance Company, and
Reliance National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein
contained by signing the name of the corporation by himself as its duly authorized officer.
In witness whereof, I hereunto set my hand and official seal.
_v,,TtY
Notarial Seal
Valencia WOrtham, Notary Public if OF 9
Philadelphia, Philadelphia County 1L��
My Commission Expires Nov. 18. 2000 "bv1a Notary Public in and for the State of Pennsylvania
Residing at Philadelphia
1, Anita Ippert, Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and
RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney
executed by said Companies, which is still in full force and affect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies thisz9U�a f October 1999
n
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EXHIBIT "A"
Temp. Reso. #9623
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POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, That J. Mark Whitehead, Sr. does hereby make,
constitute and appoint
Reliance Insurance Company, United Pacific Insurance Company, Reliance National Indemnity
Company and Reliance Surety Company - Atlanta, Georgia Branch Bond Staff in their capacities as
employees of said companies
his true and lawful Attorney -in -Fact, to make, countersign and deliver for and on his behalf as a
Florida Licensed Resident Agent, and as his act and deed
any and all bonds and undertakings of Suretyship and Fidelity Insurance,
and to bind him thereby as fully and to the same extent as if such bonds and undertakings and other
writings obligatory in nature thereof were countersigned by him and hereby ratifies and confirms all
that his said Attorney(s)-i n- Fact may do in pursuance hereof.
This Power of Attorney is granted under and by authority of Florida Statute 624.425(3) which
provisions are in full force and in effect, reading as follows:
An agent shall not sign or countersign in blank any policy to be issued outside his
office, or countersign in blank any countersignature endorsement therefore, or
certificate issued thereunder. Any agent may give a written Power of Attorney to
the issuing insurance company to countersign such documents by imprinting
his name, or the name of the agency or other entity with which he may be
sharing commission pursuant to § 626.753(1)(a) and (2), thereon in lieu of
manually countersigning such documents; but an agent shall not give a Power of
Attorney to any other person to countersign any such doc ent '
the person so authorized is directly employed by the t by no othfr person,
and is so employed in the office of the agent.
IN WITNESS WHEREOF, J. Mark Whitehead, Sr. has
this 24th day of April, 1997.
STATE OF FLORIDA ss: j
COUNTY OF ORANGE
On this 24th day of April , 1997 ,
Sr. to me known and known to me to be the indivi
J
a Licensed Resident Agent
d by him
before me personally came J. Mark Whitehead,
al described in and who executed the foregoing
agreement, and acknowledged that he execut the same.
"Personally Known"
Rebecca o. GladinNotary Public
4�1)Ar r4k+
RE6ECCA O OLAUN
My commisspn C0400030
Expires oct• 22. 19"
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