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Home My WebLink AboutCity of Tamarac Resolution (19)1 L Temp. Reso. #9645 December 27, 2001 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-019 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 #6120813 FROM SAFECO INSURANCE COMPANY OF AMERICA IN THE AMOUNT OF $14,450.00, SUBJECT TO THE RECEIPT OF A ONE YEAR WARRANTY BOND IN THE AMOUNT OF $4,324.50 FOR THE WATER DISTRIBUTION SYSTEM IMPROVEMENTS INSTALLED BY WENDY'S INTERNATIONAL, INC., FOR THE WENDY'S OLD FASHIONED HAMBURGERS PROJECT LOCATED AT 8901 WEST COMMERCIAL BOULEVARD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Wendy's International, Inc., has constructed the Wendy's Old Fashioned Hamburgers Project and installed the Water Distribution System Improvements in accordance with the Site Plan approved by the City Commission on June 27, 2001; and WHEREAS, the Water and Sewer Developer's Agreement accepted and executed by the City of Tamarac, requires Wendy's International, Inc., to provide a Warranty Bond to the City of Tamarac for the Wendy's Old Fashioned Hamburgers Project Water Distribution System Improvements located at 8901 West Commercial Boulevard (a copy of which is attached hereto in map form as "Exhibit 1 "); and Temp. Reso. #9645 December 27, 2001 2 WHEREAS, Wendy's International, Inc, has requested the release of a Public Improvement Performance Bond in the form of Surety Bond #6120813 from Safeco Insurance Company of America in the amount of $14,450.00 (a copy of which is attached hereto as "Exhibit 2") subject to the receipt of a Warranty Bond in the amount of $4,324.50 to the City of Tamarac for the Water Distribution System Improvements installed for the Wendy's Old Fashioned Hamburgers 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 Wendy's Old Fashioned Hamburgers Project Water Distribution 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 Wendy's International, Inc., for the Wendy's Old Fashioned Hamburgers Project Water Distribution System Improvements. 1 Temp. Reso. #9645 December 27, 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 Wendy's International, Inc., a Public Improvement Performance Bond in the form of Surety Bond #6120813 in the amount of $14,450.00 subject to the receipt and acceptance of a Warranty Bond for thee. Water Distribution. System Improvements in the amount of $4,324.50 for the Wendy's Old Fashioned Hamburgers Project located at 8901 West Commercial Boulevard 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. Temp. Reso. #9645 December 27, 2001 4 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 SVVtNSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. (TCHELL � K CITY ATTORP RG/dtm/db JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER A-Vel DIST 1: COMM. PORTNER _6,ye. DIST 2: COMM. MISHKIN A e. DIST 3: V/M.SULTANOF Ave. DIST 4: COMM. ROBERTS Ave, 1 EXHIBIT 1 TEMP. RESO. # 9645 TEXACO MCNAB ROAD / MCNAB ROAD i gLV• Li LIME ii THE GREENS 3 �P� LIME BAY j BAY OF TAMARAC SEC. II ,� SEC. I f1 COL W CLUB HOUSE C� _ LL T 67 Z /%ii1�f W T ❑D 2 1i 1ii1i RAL W ¢ W � W LMS W W W ❑LF v W W 0)h 1i T / a► w W V LLAS W W W IT 0 W W W TN S W P't.r / � f� z W Q O% W .Y W -`�S �OlAGQS p"I 6Li U W SP 0 WEDGES •� ST W �� 3 w I7 ~ %01Y Z •r •Y W W Y i i LAND SEC. 8 WEDGEWOOD LN S 3 T) i° " ST W W W W W a W W W W W W W W W W W W W W (63 W W .r ..¢ w SMTA ROSA DR. 61 ST 3¢ i W W W a W 61 ST W W W W W W W W W •r a > PARADISE CT BOARDWALK APTS. J PATIO HOMES 6 r, To m 61 ST Q APTS. � m> ¢ I F"l m PAR. DR BOARDWALK = 60 ST a,� i 60 ST II Of o°qo w Q 1i 59 PL u STANLEY LW. 59 Pt PA W Q/ i > d w 59 CT zz P i LANDINGS ON PARADISE y 1 J a o F/ CYPRESS ESTATES /i Z m 59 ST OD ?BRAOSHAV -IN- y w GREENS f E. PLUM riArt�ort vY. 59 CT WATERS 1 t\\� EDGE LY❑NS a w 58 lii ¢ PL W 58 PL INDUSTRIAL i =rWZ 3 ~ w > w V.G.C. PARK PARK j 3 n n � ¢ r (VISUAL GRAPHICS) 58 /i//i/ 8 s �� in GRAPHLINE W > ST ! MARLEN 57 DR w MAINLA4DS UNIT 1 ST❑R❑PACK m i Yi // 1 / if PARK 57]LNn F- > 3 THE TAMARAC ¢ W 57 PL z MIAMI JEWISH ., CINNAMON HERALD CENTER m TREE pI A7A g741 8767 OEC. BLDG 57 CT 57 ST WENDY'S.DWI WENDY'S OLD FASHIONED HAMBURGERS PERFORMANCE BOND RELEASE Exhibit 2 ULkW S0Q Fashicved tMV0100rger'S Project Name: 8901 . Commercial Blvd., Tamarac FRED 30-8468 KNOW ALL MEN BY THESE PRESENTS: That Wendy's international, Inc. having an address of 4288 W. Dublin Granville Rd, as Principals, and Dub7n, OH 30 Safeco Insurance Company of America having an address of 5901 East Galbraith Rd., Cincinnati, OH 45236 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 Broward County, a municipal corporation of the State of Florida, having an address of 7525 Northwest 88`' Avenue, Tamarac, Florida, 33321 in the full and just sum of Fourteen thousand four hundred f ifty and no/ 10bo118rs ($14, 450. ) 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, suocessors 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 on the Certified Estimated Cost (Exhibit A attached) and on plans prepared by �,,-LYhOru 4-+5anA1e5 Try and approved by the Utilities Engineer or his designee on r , -r 320 20nt , for UXVIC S 016 i-c�sll�c�� jl �l�b c►'i er' R9(11 C:nmmarmia a ar r the Project and to comply with requirements of Tamarac City Code Section 1 D-155. $812i3 1 Subdwxwon hnprmmaoem P+ertomor= Bond The City is authorized to draw drafts when it is accompanied by a signed statement from the City of Tamarac or its authorized representative that 1. The drawing is due to _[aill ' 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 for successive periods of one (1) year each unless the said surety and/or the said Principal provide written notice to the City Clerk 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 terra, or unless the City of Tamarac returns the original bond 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 Bond as required by City Code Section 10- 156. 981218 2 subdivWm tmpmvertrent Peacttmnee Boat IN WITNESS WHEREOF, the above bounden patties have executed their instrument by affixing their corporate names and seals hereto and causing their authorized representatives to sign these prawn s, pursuant to the authority of their governing bodies on this 16th day of August 2001 SIGNED AND SEALED IN THE PRESENCE OF: Vn I (As to Principal) l a. Wejdy'� International, Inc. m (Title) f the President Attested by Thomas Mueller President and C00 critle) and eoo Safeco Insurance Company of America (Title) for Surety tt ed by Kimberly G. Sh d Attorney -in -Fact (Title) NOTE: The re -beive corpo to s sh uld be affixed: Countersigned By'. �� Juli Russell, Florida Resident Agent ab121S 3 Subdnvian Improvement Performance Bond POWER SA" * INSURANCE COMPANY OF AMERICA S A r C CO' O G AL INSURANCE COMPANY OF AMERICA r G ..+ OF ATTORNEY Hc.,..� OFFICE: SAFECO PLAZA PF31 SEATTLE, WASHINGTON 98185 No. 9600 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ►■■•-r►+-►■■BERNARDJ. CALONGE; BARBARA A. ROBERTS; Cincinnati, Ohio; GREGORY ]. MALLON; WILLIAMF. FAILOR, KIMBERLYG. SHERROD; DEBORAH CUNNINGHAM; Columbus, Ohio; M.ARGARET A. SMITH; ALICE V. HALTER; Cleveland,Ohio r►►►••►rq►■r •r ■rr■••r r►►r►rw••r•••rrrr•■rr►nrw•►►►►rr►►►►►.r• • ••. • its true and lawful ajtorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 12th day of March R.A. PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT CERTIFICATE Extractfrom the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 1999 "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking" Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this C�C) 1 day of vex S � � CORPORATE SEAL SEAL y� x ��'of IvxsM o(WaS��R�S R.A. PIERSON, SECRETARY S-0974/SAEF 7198 ® Registered trademark of SAFECO Corporatio 3112/99 PL S A F EEO" SAFECO INSURANCE COMPANY OF AMERICA FINANCIAL STATEMENT — DECEMBER 31, 2000 Assets Cmh and Bank DeP00%....................................... S (53,063 991) Bonds --- U.S. Government ................... I............. 155,369.687 4,0thcr Bonds......................................................... 1,597,541.400 Stocks................................................................... 652.064,234 Real Estate............................................................ 33.625.015 Agents' Balances or Uncollected Premiums.....,.. 304,917,500 Accrued interest and Rcnts.................................. 34,192,576 Other Admitted Assets ..................... I................... 274,804.794 Total Admitted Abets .................................. $ 2,999,450,215 4ORA elf' 4�pR� $ SEAL sff wA �� Liabilities Unearned Premiums ............................................... $ 594,:301,869 Reserve for Claims and Claims Expense ................ 1,408,815.758 Funds Held Under Reinsurance Treaties ................ 405,241 Reserve for Dividends to Policyholders ................. 8,388,015 Additional Statutory Reserve ................................. — Reserve for Commissions, Taxes and Other Liabilities ................................................ 291,218,866 Total............................................................... $2,293,129,749 Capital Stock ............................. $ 5,0(X),000 Paid In Surplus ........................... 11.139.941 Unassigned Surplus ................... 690,180,525 Surplus to Policyholders .............................. 706,320,466 Total Liabilities and Surplus ............................... $2,999,450,215 Bonds are stated at amortized or inveslmcnt value.- Stocks at Association Market Values. Securities carried at $121,297,719 are deposited as required by law. (, MICHAEL C. PETERS, senior vice president of SAFECO Insurance Company of Amcrica, do hereby certify that the foregoing is a true, and correct statement of the Asscty and Liabilities of paid Corporation, as of December 31, 2000, to the best of my knowledge and belief. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this 1 st day of March, 2001. Senior Vice President 6. t 262 3ro t 'A realStered Ired9R BN of SAFEGD Gerpdratinn