HomeMy WebLinkAboutCity of Tamarac Resolution (18)Temp. Reso.#9642
December 19, 2001 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2002-018
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 #11141728672 FROM FIREMAN'S FUND
INSURANCE COMPANY IN THE AMOUNT OF $34,430.50,
SUBJECT TO THE RECEIPT OF A ONE YEAR WARRANTY
BOND IN THE AMOUNT OF $9,412.50 FOR THE WATER
DISTRIBUTION AND SEWAGE COLLECTION SYSTEM
IMPROVEMENTS INSTALLED BY THE TOWER GROUP,
INC., FOR THE WESTPOINT DISTRIBUTION CENTRE
PROJECT LOCATED AT 5607 HIATUS ROAD; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, The Tower Group, Inc., has constructed the Westpoint Distribution
Centre Project and installed the Water Distribution and Sewage Collection System
Improvements in accordance with the Site Plan approved by the City Commission on
September 27, 2000; and
WHEREAS, the Water and Sewer Developer's Agreement accepted and executed
by the City of Tamarac, requires The Tower Group, Inc., to provide a Warranty Bond to the
City of Tamarac for the Westpoint Distribution Centre Project Water Distribution and
Sewage Collection System Improvements located at 5607 Hiatus Road (a copy of which is
attached hereto in map form as "Exhibit 1 "); and
Temp. Reso.#9642
December 19, 2001 2
WHEREAS, The Tower Group, Inc., has requested the release of a Public
Improvement Performance Bond in the form of Surety Bond #11141728672 from Fireman's
Fund Insurance Company in the amount of $34,430.50 (a copy of which is attached hereto
as "Exhibit 2") subject to the receipt of a Warranty Bond in the amount of $9,412.50 to the
City of Tamarac for the Water Distribution and Sewage Collection System Improvements
installed for the Westpoint Distribution Centre 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 Westpoint Distribution Centre 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
The Tower Group, Inc., for the Westpoint Distribution Centre Project Water Distribution
and Sewage Collection System Improvements.
1
Temp. Reso.#9642
December 19, 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 The Tower Group, Inc., a Public
Improvement Performance Bond in the form of Surety Bond #11141728672 in the amount
of $34,430.50 subject to the receipt and acceptance of a Warranty Bond for the Water
Distribution and Sewage Collection System Improvements in the amount of $9,412.50 for
the Westpoint Distribution Centre Project located at 5607 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.
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passage and adoption.
Temp. Reso.#9642
December 19, 2001 4
This Resolution shall become effective immediately upon its
PASSED, ADOPTED, AND APPROVED this 23rd day of January, 2002.
ATTEST:
MARION S ENSON, CMC
CITY CLERK
1111111:1:4:14W9yCI:i11la'f lmal
have approved this
RESQLUTION as to
KCHELL S. KRAF
CITY ATTORNEY
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JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER A e.
DIST 1: COMM. PORTNER AXg
DIST 2: COMM. MISHKIN A e.
DIST 3: V/M SULTANOF A ev
DISST 4: COMM. ROBERTS A e.
1
EXHIBIT 1
TEMP. RESO. # 9642
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WESTPOINT—DIST—CENI,DWG
WESTPOINT DISTRIBUTION CENTRE
PERFORMANCE BOND RELEASE
Exhibit 2
FOR APPROVAL ONLY - PERFORMANCE BOND
Item Title: --WEST POINT DISTRIBUTION CENTRLr PERFORMANCE BOND IN THE
FORM OF A SURETY BOND NO. 11141728672 -- FROM THE FIREMAN'S FUND
INSURANCE COMPANY IN THE AMOUNT OF $34,430.50. THE PROJECT IS
LOCATED AT LAND SECTION 7.
The initiating Division is to place a number between the parentheses ( ) below,
beginning with 1, to indicate the routing order of each department that must initial their
approval in order for this item to be accepted by the City.
Department
(1) Utilities/Engineering
(2) Risk Management
(3) City Attorney
(4) City Clerk (Please
Return approved form to Utilities)'=44
Initiating Division's Signature:
Dat
Date
12 I 2)q d"D
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12; 21%b(t TAV 18: J8 FAX
The Toner Group UU9
SUBDIVISiON IMPROVEMENT WARRANTY BOND
KNZfW ALL MEN BY THESE PRESENTS: That Bond No. 11141728672
_having an address of The Tower Grp. Inc. as Principals,
and Fireman's Fund Insurance Company
having an
address of 777 San Marin Dr. Novato CA 94998 a
corporation, existing under the laws of th-: 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 transac-, 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 88th Avenue, Tamarac, Florida,
33321 in the full and just sum of thirty four thousand four hundred thirty and 50cents
(S 34,430.50 ),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, in accordance with the terms of Section 24-5, as amended by
Ordinance 76-21, paragraph (b) of the Tamarac City Code, there is a requirement that a
bond in the amount of 25 percent of the actual cost of the Subdivision Improvements be
posted upon formal acceptance of said Subdivision Improvements by the City
Commission, and
WHEREAS, in compliance with said warranty bond requirements, said Principal is
required to furnish a good and sufficient bond in a surety company licensed to do
business in the State of Florida conditioned upon the correction of all insufficiencies in
950814 1 Wsurety.wpd
12/.2.1%00 THU 16:36 FAX The Tower Groun
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design, workmanship and/or materials which are found within one year of the date of the
formal acceptance of the Subdivision Improvements by the City Commission of the City
of Tamarac, Florida.
NOW, THEREFORE, the condition of this obligation is such that if the said
Principal, its successors, legal representatives or assigns shall have made all
corrections and shall have paid all claims for the cost of correcting all insufficiencies in
design, workmanship and/or materials discovered within one year of the date of formal
acceptance of the Subdivision Improvements by the City Commission of the City of
Tamarac, Florida, then this obligation shall be void; else to continue in full force and
effect.
Prior to the end of the calendar year following said City Commission's formal
acceptance of the Subdivision Improvements warranted by this bond, the Director of
Utilities or his designee shall inspect there for final release. If his investigation reveals
any insufficiencies, then he shall notify the Principal, in writing, that the work is
unacceptable. -•L4
The Principal and the Surety, jointhi and severally, agree that said City of
Tamarac shall have the right to correct insufficiencies in design, workmanship and/or
materials in the event the Principal should fail or refuse so to do within ninety (90) days
after said written notice by the Director of Utilities, and, pursuant to public advertisement
and receipt and acceptance of bids, cause said insufficiencies in design, workmanship
and/or materials to be corrected. In such rase, the Principal and Surety shall be jointly
and severally liable hereunder to pay and ,ndemnify said City upon the correction of said
950814 2 Wsurety.wpd
12i,21/'ob THU 16:37 FAX The Tower Group zoos
insufficiencies in design, workmanship ar,d/or materials, the final total cost thereof,
including but not limited to engineering, legal and contingent costs together with any
damage, direct or consequential, which said City of Tamarac may sustain on account of
the failure of the Principal to comply with all of the requirements hereof.
Upon recommendation by the Director of Utilities for final acceptance and upon
compliance by Principal with applicable conditions, as hereinabove stated, the Director
of Utilities will then recommend to the City Commission the release of this reduced bond,
by resolution.
IF 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, pi irsuant to the authority of their governing
bodies on this 26th day of December
SIGNED AND SEALED
IN THE PRESENCE OF:
The Tower Group, Inc.
i
v --
(As to Principal)
(Title) for the President
Attested by
(Title)
-;92000
950814 3 Wsurety.wpd
THti 16: J7 FAX The Tourer Group (21006
Fireman's Fund Insurance Company
Mary Aceves, Attorney -in --Fact
(Title) for Surety
Attested by as per attached Power of Attorney
(Title)
NOTE: The respective corporate seals should be affixed,
Approved as to Form Approved as to Content
City Attorney Director of Utilities
950814 4 Wsurety.wpd
FIREMAN'S FUND INSURANCE COMPANY
NATIONAL SURETY CORPORATION ASSOCIATED INDEMNTIT CORPORATION
THE AMERICAN INSURANCE COMPANY ILMERICAN AUTOMOBILE INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL
SURETY CORPORATION, an Illinois corporation, THE AMERICAN INSURANCE COMPANY, a New Jersey corporation redomesticated in
Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE
COMPANY, a Missouri corporation, (herein collectively called "the Companies") does each hereby appoint Charles J . Nielson,
Mary 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, undertakings, recognizances or other written obligations in the nature thereof ; for all
obligees including any and all consents required by the Department of
Transportation, State of Florida, incident to the release of retained
percentages and/or final estimates --------------------------------------------
and to bind the Companies thereby as fully 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' Secretary, hereby'ratifying and confirming all that the said Attorney(s)-in-Fast may do in the premises.
This power of attorney is granted under and by the authority of Article VII of the By-laws of each of the Companies which provisions are now
in full force and effect -
Thus power of attorney is signed and sealed under the authority of the following Resolution 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 signature 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 Vice-president, and their corporate seals to be hereunto
affixed this 29 day of February , 2000
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'yCE Cp AMC[ [UTS:' F
STATE OF CALIFORNIA I SS.
COUNTY OF MARIN
FIREMAN,S FUND INSURANCE COMPANY
NATIONAL SURETY CORPORATION
THE AMERICAN INSURANCE COMPANY
ASSOCIATED INDEMNITY CORPORATION
AMERIC AUTOMOBILE INSURANCE COMPANY
By a�� -c , —Xt��
Vice -President
On this 2 9 day of February _ , 2 0 0 0 , before me personally came Donn R. i(ol.beck
to me known, who, being by me duly sworn, did depose and say: that he 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 seals 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 wITTiFSS V;HEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written.
L OCAMPO
%__;
Commission # 1163726
Notary Public -California
Morin County N Public
My Comm• v .
STATE OF CALIFORNIA I SS.
COUNTY 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; sct forth in the Power of Attorney, are now in force.
Signed and sealed at the County of Marin. Dated the 26th day of December 2000
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SEPTI
NCE N� `*�NCF •CQ�/ ryt W15'��
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Resident Assistant Secmtary