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HomeMy WebLinkAboutCity of Tamarac Resolution (17)January 23, 2002 -Temp. Reso. #9623 Page 1 of 3 1 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 Page 2 of 3 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 $5,544.00 for the InTown Suites project in accordance with Section 10-156 of the City Code. January 23, 2002 -Temp. Reso. #9623 Page 3 of 3 1 1 1 Section 3: That all Resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Section 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED, AND APPROVED this 23rd day of January, 2002. ATTEST: MARION_SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHELL S. IOF CITY ATTORN �� -, 4/" e JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER _ Ayer DIST 1: COMM. PORTNER A ye, DIST 2: COMM. MISHKIN AX& DIST 3: V/M SULTANOF_Ayel DIST 4: COMM. ROBERTS A EXHIBIT "A" Temp. Reso. #9623 Page 1 of 3 Bond No B295 57 65 RELIANtrE INSURANCE (=C),.APANY HEAD OFFICE: PHILADELPHIA, PENNSYLVANIA PERFORMANCE BOND The American Institute of Architects, AIA Document A311, February 1970 Edition. KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address or legal title of Contractor) Intown Suites Commercial Boulevard, Inc. 2102 Piedmont Road, Atlanta, Ga. 30324 as Principal, hereinafter called Contractor, and, RELIANCE INSURANCE COMPANY, a corporation of the State of Pennsylvania, with its Head Office at Philadelphia, Pennsylvania, as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) The City of Tamarac 7525 N.W. 88th Avenue Tamarac, Fl. as Obligee, hereinafter called Owner, in the amount of Twenty—two Thousand One Hundred Seventy—six and --- Dollars ($ 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 Page 2 of 3 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. S:A=e R `� h'ae4er �* feet BT.AL lost ea,L.s� M r 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 `06 1eaw �001, feet tpFye 4 sly >i+ ySE4Lfi onSecretary • 1� loses • d 0 is f EMISSIONS EXHIBIT "A" Temp. Reso. #9623 Page 3 of 3 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" J f��Of P•�