HomeMy WebLinkAboutCity of Tamarac Resolution (107)Temp. Reso.#9745
March 25, 2002 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2002-107
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 #21 BCSAL0540 FROM THE HARTFORD
ACCIDENT AND INDEMNITY COMPANY IN THE AMOUNT
OF $343,232.00, SUBJECT TO THE RECEIPT OF A ONE
YEAR WARRANTY BOND IN THE AMOUNT OF $110,094.75
FOR THE WATER DISTRIBUTION AND SEWAGE
COLLECTION SYSTEM IMPROVEMENTS INSTALLED BY
BERGERON LAND DEVELOPMENT, INC., FOR THE CITY
FURNITURE PROJECT LOCATED AT 6701 HIATUTS ROAD;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Bergeron Land Development, Inc., has constructed the City Furniture
Project and installed the Water Distribution and Sewage Collection System Improvements
in accordance with the Site Plan approved by the City Commission on July 12, 2000; and
WHEREAS, the Water and Sewer Developer's Agreement accepted and executed
by the City of Tamarac, requires Bergeron Land Development, Inc., to provide a Warranty
Bond to the City of Tamarac for the City Furniture Project Water Distribution and Sewage
Collection System Improvements located at 6701 Hiatus Road (a copy of which is attached
hereto in map form as "Exhibit 1 "); and
Temp. Reso.#9745
March 25, 2002 2
WHEREAS, Bergeron Land Development, Inc, has requested the release of a
Public Improvement Performance Bond in the form of Surety Bond #21 BCSAL0540
from the Hartford Accident and Indemnity Company in the amount of $343,232.00 (a
copy of which is attached hereto as "Exhibit 2") subject to the receipt of a Warranty
Bond in the amount of $110,094.75 to the City of Tamarac for the Water Distribution
and Sewage Collection System Improvements installed for the City Furniture 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 City Furniture 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
Bergeron Land Development, Inc., for the City Furniture Project Water Distribution and
Sewage Collection System Improvements.
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Temp. Reso.#9745
March 25, 2002 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 Bergeron Land Development,
Inc., a Public Improvement Performance Bond in the form of Surety Bond #21 BCSAL0540
in the amount of $343,232.00 subject to the receipt and acceptance of a Warranty Bond for
the Water Distribution and Sewage Collection System Improvements in the amount of
$110,094.75 for the City Furniture Project located at 6701 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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SECTION 5:
passage and adoption.
Temp. Reso.#9745
March 25, 2002 4
This Resolution shall become effective immediately upon its
PASSED, ADOPTED, AND APPROVED this 24th day of April, 2002.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that I
have approved this
RESOLUTION as to form.
CITY ATTORNEY
J D/D M/d b
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER A -ye,
DIST 1: V/M. PORTNER �l
DIST 2: COMM. MISHKIN Aye.,
DIST 3: COMM. SULTANOF. Aye,
DIST 4: COMM. ROBERTS A -ye,,
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1
1
EXHIBIT 1
TEMP. RESO. # 9745
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PERFORMANCE BOND RELEASE
Exhibit 2
BOND rvO. 21BCSAL.0540
Subcontract Performance Bond Farm A.
Recommenced for use wrere the General Contrac:cr has
filed Performance and Lacor and .Materal Pavrrent Bonds
apprcved t:y the American Institute of Arcnitecs. A;A t t
Farm No. — Occumert No. A-311.
Revised to Oec. 1, 1960.
THE ` %
SUBCONTRACT PERFORMANCE BOND FORNA A HARTFORD
Know All Men By These Presents:
That Bergeron Land Development, Inc. 19612 SW 69th Place, Fort Lauderdale, FL 33332
as Principal, hereinafter called Principal, and the Hartford Accident and Indemnity Company
a corporation organized and existing under the laws of the State of Connecticut
with its principal office in the City of Hartford
as Surety, hereinafter called Surety, are held and firmly bound unto
City of Tamarac Utilities Department
as Obligee, hereinafter called Obligee, in the amount of
Three Hundred Forty Three Thousand Two Hundred Thirty Two ---Dollars($ 343,232.00 ),
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents.
Whereas, Principal has by written agreement dated October 23, 2000 entered into a subcontract with
Obligeefor Furniture Headquarters and Distribution Facility for Advance Business Associates,Inc.
Water and Sewer Facilities.
in accordance with drawings and specifications prepared by Schwebke—Shiskin & Associates, Inc.
which subcontract is by reference made a part hereof, and is hereinafter referred to as the subcontract.
Now, Therefore, the Condition of this Obligation is such that, if Principal shall promptly and faithfully perform said
subcontract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
Whenever Principal shall be, and be declared by Obligee to be in default under the subcontract, the Obligee having
performed Obligee's obligations thereunder:
(1) Surety may promptly remedy the default subject to the provisions of paragraph 3 herein, or;
(2) Obligee after reasonable notice to Surety may, or Surety upon demand of Obligee may arrange for the perfor-
mance of Principal's obligation under the subcontract subject to the provisions of paragraph 3 herein;
(3) The balance of the subcontract price, as defined below, shall be Credited against the reasonable cost of com-
pleting performance of the subcontract. If completed by the Obligee. and the reasonable cost exceeds the
balance of the subcontract price, the Surety shall pay to the Obligee such excess, but in no event shall the
aggregate liability of the Surety exceed the amount of this bond. If the Surety arranges completion or remedies
the default, that portion of the balance of the subcontract price as may be required to complete the subcontract
or remedy the default and to reimburse the Surety for its outlays shall be paid to the Surety at the times and in
the manner as said sums would have been payable to Principal had there been no default under the subcon-
tract. The term "balance of the subcontract price." as used in this paragraph, shall mean the total amount
payable by Obiigee to Principal under the subcontract and any amendments thereto, less the amounts here-
tofore properly paid by Obligee under the subcontract.
Any suit under this bond must be instituted before the expiration of two years from date on which final payment under
the subcontract falls due.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named
herein or the heirs, executors, administrators or successors of the Obligee.
Sianed and sealed this 6th day of November A.D.,x k 2000
Witness (If individual)
Bergeron Land Development, Inc.
(Seal)
Attest
�(Seal)
s�Hartfof&%V`�kcide�Et and Indemnity Company
Attest
_.
As per attached power of attorney
(Seal)
HARI )RD ACCIDENT AND INDEMNIT', .;OMPANY
Hartford, Connecticut
POWER OF ATTORNEY
Know all men by these Presents. That HARTFCRD ACCIDENT AND !NDEMNITY COMPANY, a ccrreration duly organized under the laws of the State of Connecticut.
and having its pnnc:pal office in the City of Hartford. County of Hartford. State of Connecticut, does hereby make, constitute and appoint
Brett Rosenhaus, Robert M. Welsh, Melinda Rosenhaus, Marian Elaysk-y and Laura Mosholder of Altamonte Springs, Florida;
Kevin Wojtowicz and Linda Afever of Largo, Florida; D. Michael Stevens and Don A. Lambert, Jr. of Palm Beach Gardens, Florida;
Charles J. Nielson, Mary C. Aceves and Warren Alter of Miami Lakes, Florida
its true and lawful Attomey(s)-in-Fact, with full pcwer and authority to each of said Attomey(s)-in-Fact if more than one is named above, to sign, execute and acknowledge any and all
bonds and undertakings on behalf of the Company in its business of guaranteeing the fidelity of persons holding places of public or private trust; guaranteeing the performance of
contracts other than insurance policies; guaranteeing the performance of insurance contracts where surety bonds are accepted by states and municipalities, and executing or
guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed, and to bind HARTFORD ACCIDENT AND INDEMNITY COMPANY
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 HARTFORD
ACCIDENT AND INDEMNITY COMPANY and sealed and attested by one other of such Officers, and hereby ratifies and confirms all that its said Attomey(s}in Fact may do in
pursuance hereof.
This Power of Attorney is granted under and by authority of the By -Laws of HARTFORD ACCIDENT AND INDEMNITY COMPANY, ('the Company') as amended by the Board of
Directors at a meeting duly called and held on May 13th, 1999, as follows:
ARTICLE IV
SECTION 8. The President or any Vice President or Assistant Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority to appoint,
for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more resident Vice -President resident Assistant
Secretaries and Attomeys4n-Fact and at any time to remove any such resident Vice -President, resident Assistant Secretary, or Attomey-in-Fact, and revoke the power and authority
given to him.
SECTION 11. Attomeys-in-Fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute and deliver on behalf
of the Company and to attach the seal of the Company thereto any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument
executed by any such Attomey-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested by one other of such Officers.
RESOLVED, that the signatures of such Officers and the seal of the Company may be affixed to any such power of attorney or to 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.
In Witness Whereof, HARTFORD ACCIDENT AND INDEMNITY COMPANY has Caused these presents to be signed by its Assistant Vice -President, and its corporate seal
to be hereto affixed, duly attested by its Assistant Secretary, this 14th day May, 1999.
Attest: HARTFORD ACCIDENT AND INDEMNITY
we��
Paul A. Bergenholtz, Assistant Secretary RQbert L. Post, Assistant Vice President
STATE OF CONNECTICUT
COUNTY OF HARTFORD Ss -Hartford
On this 14th day of May, A.D. 1999. before me personally came Robert L. Post, to me known, who being by me duly sworn, did depose and say. that he resides in the
County of Hartford. State of Connecticut; that he is the Assistant Vice President of HARTFORD ACCIDENT AND INDEMITY COMPANY, the corporation described in and which
executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said corporation and that he signed his name thereto by like order.
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t&oTARy',, 7
ptJBUG e
mot` Jean H. Wozniak
Notary Public
CERTIFICATE My Commission Expires June 30, 2004
I, the undersigned, Assistant Vice President of HARTFORD ACCIDENT AND INDEMNITY COMPANY, a Connecticut Corporation, DO HEREBY CERTIFY that the
foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore, that Article IV, Sections 8 and 11 of the By -taws of HARTFORD
ACCIDENT AND INDEMNITY COMPANY, set forth in the Power of Attorney, are now in force.
Signed and sealed at the City of Hartford. Dated the 6 th
sea6
111�q\i
day of November 20 00
Form S-4054-2 Printed in U.S.A.
J. Dennis Lane, Assistant Vice President