HomeMy WebLinkAboutCity of Tamarac Resolution (50)Temp. Reso. #9666
January 24, 2002 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2002-50
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 #305848 FROM INTERNATIONAL FIDELITY
INSURANCE COMPANY IN THE AMOUNT OF $60,794.00,
SUBJECT TO THE RECEIPT OF A ONE-YEAR WARRANTY
BOND IN THE AMOUNT OF $16,473.75 FOR THE WATER
DISTRIBUTION AND SEWAGE COLLECTION SYSTEM
IMPROVEMENTS INSTALLED BY TAMARAC HOTELS, INC.,
FOR THE COMFORT SUITES PROJECT LOCATED AT 8301
WEST COMMERCIAL BOULEVARD; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Tamarac Hotels, Inc., has constructed the Comfort Suites Project and
installed the Water Distribution and Sewage Collection System Improvements in
accordance with the Site Plan approved by the City Commission on December 13, 2000;
and
WHEREAS, the Water and Sewer Developer's Agreement accepted and executed
by the City of Tamarac, requires Tamarac Hotels, Inc., to provide a Warranty Bond to the
City of Tamarac for the Comfort Suites Project Water Distribution and Sewage Collection
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Temp. Reso. #9666
January 24, 2002 2
System Improvements located at 8301 West Commercial Boulevard (a copy of which is
attached hereto in map form as "Exhibit 1 "); and
WHEREAS, Tamarac Hotels, Inc, has requested the release of a Public
Improvement Performance Bond in the form of Surety Bond #305848 from International
Fidelity Insurance Company in the amount of $60,794.00 (a copy of which is attached
hereto as "Exhibit 2") subject to the receipt of a Warranty Bond in the amount of
$16,473.75 to the City of Tamarac for the Water Distribution and Sewage Collection
System Improvements installed for the Comfort Suites 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 Comfort Suites 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
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Temp. Reso. #9666
January 24, 2002 3
Tamarac Hotels, Inc., for the Comfort Suites Project Water Distribution and Sewage
Collection System Improvements.
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 Tamarac Hotels, Inc., a
Public Improvement Performance Bond in the form of Surety Bond #305848 in the
amount of $60,794.00 subject to the receipt and acceptance of a Warranty Bond for the
Water Distribution and Sewage Collection System Improvements in the amount of
$16,473.75 for the Comfort Suites Project located at 8301 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.
E
Temp. Reso. #9666
January 24, 2002 4
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 27'h day of February, 2002.
61" OE SCHREIBER
MAYOR
ATTEST: -
RECORD OF COMMISSION VOTE:
MARION S ENSON, CMC
CITY CLERK MAYOR SCHREIBER five'
DIST 1: COMM. PORTNER flyer
DIST 2: COMM. MISHKIN Aye.,
I HEREBY CERTIFY that I DIST,3: V/M SULTANOF_Aye,,
have approved this DIST 4: COMM. ROBERTS flyer
RESOLUTION as to form.
L MIXHELL S. T
CITY ATTO
JED/DM/mg
EXHIBIT 1
TEMP. RESO. # 9666
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COMFORT-SUI,DWG
COMFORT SUITES
PERFORMANCE BOND RELEASE
Exhibit 2
?' Bond Number: 305848 ;
SUBDIVISION IMPROVE E„t�'j" ERFQjj E A9NQ '
roject�l�a{n Comfort Suites !
kNOW+�AiL MEIN BY THESE PRESENTS: IThait Tamarac Hotels, Inc.
r 2201 North Federal Highway
" Fort Lauderdale, FL 33305
�tiav3ng srrt iaddress of ab Prir>cipats, and
L International Fidelity Insurance Company heivirt gn addreasiof
1301 Hightower Trail, Suite 210, Atlanta, GA 303500 corporation, BXIStIr1J
i
1 I
under iW laJ4S of '0* State of Florida, and ha ing `her+etofdre Qornokd with .all the
rec{uireme s(, of the l Wws of the Suste of Fiofilla: regulaft. the adrni lion of (such
scor�or tid,� to tr8nsatt bltsiness In this State, as Surety, are h#ld And firmly bourid unto
the' Cif o` tgOnarac of f3rovward County, a municipal domomfio of the State of Ronda,
} !having janliaddress OV7525 Northwest 88Aven e, Tamarac, iFlorida, 33321 in file full
arad lu5i Siam bf Sixty :Thousand. SeKaiL ea ,N MtX6UDollarS 6d,194.00)
Jamiul rl'wtteyE bf (he united States of AM60ta, for � ich sum Well and tiul!y to be paid to
:said'city Of T rno the said Principal and the id Surety dd hereby bind themselvez.
their heirs; execistors;.'ajiifininistratprs, successors or assigns jespectively; �s ttie+,case
mad+ b�. }o n ,:ar?d severally, firmMy by these presents:
�NHERW. the said Principal is. requirei to famish Ile Perfbrnil; o load to
r: guarar eel title instalfa6on of ptibllc improverr�ea.W as :indicated pn' the Celti�iecf
EsttimaedlCost (focttitsit A attached) and on plans prepared by L.Susan ,Aland .
an� apprgreci bj the btilrties Engineer orhis designee on 0 ! _ for
. r• I i !' i { �
ihe;_ ! �csnEd r : sup, � Protect and to 'comply with
rec;oke�mrnisi of `iarmaac City code Section 1 a1 ss.
�. 4
I
CW 6f GUMOKZed to draw drafts' at SW adcmpani d by a sloned SMtD:ffWWft:
for the Pity' of T"raid or its authorized repro
that
..T,_he 4rawirg is due to 0, A.P
EfaAjie to cormtruct the publib impmVLmantr4
completed and the 2. ltiist the Developer's obligations ha i Pe. nvt beCity of
T-amaraO :has been notified Mat the t Wol will not 'be exwuk4. or
That a wamnity bond that -I. bylamarad City COdd has notbee
0 %4ded.' rd
:Thli i 'rd: iftWba.- autamUm9y renewed ffir- sucWSOW Pedods Of one ye2i
Aiscilh jAe4 ibe;,Aald wet y and/or the said PrWpaf provide 6trifien notice -to fife CO
mail of their Went to lemM* the mx-d herein: eAended, which
'notice must be ;provided at lemt sbety (80) d4,pdor to die aXP kafidn date of the
t
;Original t" hero6n or. any one (1) year term, or �nls4s the: City of Tarnatac returns the
J
V Wder bf cmdn'together with natfio6rtion thlt it M:ay be "nsWd-
Thi:
s b-6h&"FreffMm` in full force uW iaproyw%ft have b6sm accepi*4 by the Cl*
Coenrni
66 Eind *DpWked by a Warranty Bond �s• required by City Code Section 161
Z. WWWAM WW56ml�fK P*imr: sow
I
rmls WHEREOF,-
the above bounden padjes have exe&ded their
ir instrumentby
-
4trod their 1 cofpOr and 3s W*O: and causing lheir author
ng
nj to the auft6rdy of..'6e ir governing
-
FeRmserdativeis -to! sign these preset, pursue
bodies on Jhjsj 30th:-.' day,of January
,92001
AND S
00"N * my commisISMI santmMmik
W.ED, *
AN
THEJPASitkdE 6F*:'' 11�(wan cco2sm
*%7.0" EWm Jurie 06, M
)
national F'd li
Carol k. 1,Clim(
:e*t 1 e Li y Insurance e Company
ITnOter
Attorney--tift-Fact
'Ke.le7.N
e_1
V! Witness by: Sarah C. Bahn
(jj�)
i Crrly OF 7A, MA,FL4C UTfLITIES
COST ES -MATE
rot l P b++c Cosr %fee
J. 'Total Fee''
vljm r Distribution - -` 8 25% S4 A
Sewer Cgf*v.ian ', .. ti
5.25%
T�TAl.S: S: a
E
kEE$ ARE NON•REF"I,JNGA�(�E• i
CERTIFICATE: i
•
�y
'
I I
(tti8reby certify that t!}iy m • is trtie?a�dr caned to the bev:of rny•kn w►ed a ar{Ei
3.
belief and ragresentst e II de dev�oo►
mnt coats for the project
!`
;s,'
hula ,I�,..��:..i Er�ryy.�;v. may,• �.: •
Public 1rnpr'pyomint;�C�oc na cs. 9*nd fror "by' abowe:
Approval bry a,a Uti4
ng: n Date:
i•
H
Tel (973) 624-7200 POWER OF ATTORNEY
INTERNATIONAL FIDELITY INSURANCE COMPANY
HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR
NEWARK, NEW JERSEY 07102-5207
KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing
laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint
ANDREW C. HEANER, CYRA B. PETERSON
Roswell, GA.
its true and lawful auomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and
other writings obligatory in the nature thereof, which are or may be allowed, required or tmttted by law, stature, rule, regulation, contract or otherwise, and
the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE
COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its
principal office. Attorney ytion By-Laws_op
of
DirectorPower
of INTERNATIONAL FIDELITY INSURANCErPCOuMPANY at aymeeting called Article
held on the 7ih dayeof Feruary, 1974 by �e Board of
The President or any Vice President. Executive Vice President, Secretary or Assistant Secretary, shall have power and authority
(1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and
undertakings, contracts of indemnity and other writings obligatory in the nature thereof and,
(2) To remove, at any time, any such attorney -in -fact and revoke the authority given.
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting
duly called and held on the 29th day of April, 1982 of which the following is a true excerpt:
Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by
facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any
such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any
bond or undertaking to which it is attached.
ITY /Nf IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be
O�O�r�/w= signed and its corporate seal to be affixed by its authorized officer, this 31st day of August, A.D. 1999.
T>/ INTERNATIONAL FIDELITY INSURANCE CO NY
SEAL
tr++ STATE OF NEW JERSEY
9� County of Essex ,
`cNi/jr �a Secreta
On this 3lst day of August 1998, before me came the individual who executed the pprreceding instrument, to me personally
NCE COMPANY and, beithe g by
ame duly
sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INS
to
said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of
said Company.
C�IA IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal,
at the City of Newark, New Jersey the day and year fiabove written.
M A NOTARY PUBLIC OF NEW JERSEY
CERTIFICATION My Commission Expires Nov. 21. 2000
I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the
Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON
IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transc iptc ihereof, and of the whole of the said originals, and that the said Power
of Attorney has not been revoked and is now in full force and effect
I.N TESTIMMONY WHEREOF, I have hereunto set my hand this 30 th day of January, 2001.
A 00,
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