HomeMy WebLinkAboutCity of Tamarac Resolution (148)May 22, 2002 - Temp. Reso. 9628
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2002-148
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO RELEASE A
WARRANTY BOND IN THE FORM OF SURETY BOND
#45BSBAC9448 FROM HARTFORD FIRE INSURANCE
COMPANY IN THE AMOUNT OF $1,231.25, POSTED BY
VALUE DINING OF TAMARAC, INC., FOR PAVING AND
DRAINAGE IMPROVEMENTS FOR THE GOLDEN CORRAL
RESTAURANT PROJECT LOCATED ON THE NORTH SIDE
OF COMMERCIAL BOULEVARD BETWEEN UNIVERSITY
DRIVE AND 73RD AVENUE; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Value Dining of Tamarac, Inc., has filed with the City of Tamarac a
Warranty Bond in the form of Surety Bond #45BSBAC9448 from Hartford Fire Insurance
Company, a copy of which is attached hereto as "Exhibit A", in the amount of $1,231.25 for
paving and drainage improvements for the Golden Corral Restaurant project; and
WHEREAS, Value Dining of Tamarac, Inc., has constructed paving and drainage
improvements for the Golden Corral Restaurant project in accordance with the Site Plan
approved by the City Commission on May 13, 1998; and
WHEREAS, the paving and drainage improvements for the Golden Corral
Restaurant project have been inspected and found to be in accordance with the approved
Engineering plans; and
May 22, 2002 - Temp. Reso. 9628
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WHEREAS, pursuant to City Code Section 10-156, this Warranty Bond in the form
of Surety Bond #45BSBAC9448 from Hartford Fire Insurance Company in the amount of
$1,231.25 for paving and drainage improvements for the Golden Corral Restaurant project
has remained in place for the required one (1) year period; and
WHEREAS, Value Dining of Tamarac, Inc., has requested the release of this
Warranty Bond; and
WHEREAS, it is the recommendation of the Director of Public Works and the
Assistant City Engineer that this Warranty Bond for paving and drainage improvements for
the Golden Corral Restaurant project be released; 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 this
Warranty Bond in the form of Surety Bond #45BSBAC9448 from Hartford Fire Insurance
Company in the amount of $1,231.25 for paving and drainage improvements for the
Golden Corral Restaurant project.
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 to release the
Warranty Bond in the form of Surety Bond #45BSBAC9448 from Hartford Fire Insurance
Company in the amount of $1,231.25 for paving and drainage improvements constructed
by Value Dining of Tamarac, Inc., for the Golden Corral Restaurant project located on the
north side of Commercial Boulevard between University Drive and 73r`� Avenue in
accordance with Section 10-156 of the City Code.
May 22, 2002 - Temp. Reso. 9628
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d
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 thisl2th day of June, 2002.
ATTEST:
-MAR_ ION ENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
TITCHEILVS� K
CITY ATTORN
X�Ile Az,��s
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
AYE
DIST 1:
V/M. PORTNER
AYE
DIST 2:
COMM. MISHKIN
AYE
DIST 3:
COMM. SULTANOF
AYE
DIST 4:
COMM. ROBERTS
AYE
tXHIBIT "A"
Temp. Reso. #9628
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BOND #45BSBAC9448
SUBDIVISION IMPROVEMENT WARRANTY BOND
Project Name: Value Dining of Tamarac, Inc. dba Golden Corral Restaurant
KNOW ALL MEN BY THESE PRESENTS: That Steve Markley
having an address of 7401 W. ommercial Blvd. Tamarac FI as Principals, and Hartford Fire
Insurance ComQenx• having an address of P.O. Box 94800, Maitland, Fl. 32794-8000
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 Tamarack of
Brossard County, a municipal corporation of the State of Florida, having an address of 7525 NW 88""
Avenue, Tamarac, Florida 33321 in the full and just sum of One thousand two hundred thin -one
Dollars "nd 25/100 ($1,231.25), 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 10-156, as amended by Ordinance 93-
23, paragraph (b) of the Tamarac City Code, there is a requirement that a bond in the amount of
25% of the actual cost of the Subdivision Improvements be posted upon formal acceptance of said
Subdivision Improvements by the City of 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 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 City of Tamarac, Florida.
NOW, THEREFORE, the condition of the 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
EXHIBIT "A"
Temp. Reso. #9628
Page 2 of 4
discovered with 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 Public Works or his designee
shall inspect them for final release. If his investigation reveals any Insufficiencies, then he shall notify
the Principal, in writing, that the work is unacceptable.
The Principal and the Surety, jointly and severally, agree that said City of Tamarac shall
have the right to correct insufficiencies in design, workmanship and/or materials in the even the
Principal should fail or refuse so to do within ninety (90) days after said written notice by the
Director of Public Works, and, pursuant to public advertisement and receipt and acceptance of bids,
cause and Insufficiencies in design, workmanship and/or materials to be corrected. In such case, the
Principal and Surety shall be jointly and severally liable hereunder to pay and indemnify said City
upon the correction of said insufficiencies in design, workmanship and/or materials, the final total
cost thereof, including but not limited to engineering, legal and contingent cost 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 Public Works for final acceptance and upon
compliance by Principal with applicable conditions, as hereinabove stated, the Director of Public
Works will then recommend to the City Commission the release of this reduced bond, by resolution.
EXHIBIT "A"
Temp. Reso. #9628
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IN 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, pursuant to the authority of their governing bodies on the 30 day of March I999.
SIGNED AND SEALED IN THE PRESENCE OF:
VALUE DINING OF TAMARAC INC.
P CIPAL
H
TITLE
HARTFORD FIRE INSURANCE CO.
IRA H. NOVAK, ATT EY--IN-FACT
WF—F- !..,
, �r
ATTESTED Uf
EXHIBIT `rAff
Temp. Reso. #9628
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HARTFORD FIRE INSURANCE COMPANY
Hartford. Connecticut
POWER OF ATTORNEY
Know all men by these Presents, That the HARTFORD FIRE INSURANCE COMPANY, a
corporation duly organized under the laws of the State of Connecticut, and having its principal office in the City of Hanford.
County of Hartford. State of Connecticut. does hereby make, constitute and appoint
IRA H, NOVAIC and/or NANCY O'BRIEN
of BEACHWOOD, OHIO
its true and lawful Aftorney(s)-in-Fact, with full power and authority to each of said Attomey(s)-in-Fact, in their separate
capacity if more then one is named above, to sign, execute and acknowledge any and all bonds and undertakings and other
writings obligatory in the nature thereof 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.
in penalties not exceeding the sum of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00)
each,------------------....--------------------•------------ ----
and to bind the HARTFORD FIRE INSURANCE 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 the HARTFORD
FIRE INSURANCE COMPANY and sealed and attested by one other of such Officers, and hereby ratifies and confirms all
that its said Attorneys) -In -Fact may do in pursuance hereof.
This power of attorney is granted by and under authority of the following provisions:
(1) By -Laws adopted by the Stockholders of the HARTFORD FIRE INSURANCE COMPANY at a meeting duly called
and held on the 9th day of March, 1971.
ARTICLE Iv
SECTION e. The President of any Vice -President, acting with any Secretary or Assistant $411all y, $hall have power and authonty to appoint, for
purposes only of executing and aAaahnband
s ds and undenakirgs and other writings obligatory in the nature Mateo. one or more Resident vice -Presidents.
Res -dent Assistant Set:rataries and Aftomeys-in•Faet ano at any time to remove any such Resident Vice -President, Resident Assistant secretary. or
Attorney -in -Fact, and revoke pre power ana authority gWen to ran.
SECTION 11. Attomays•in-Facl shell have power and authority, subject to the terns and limitations of the power of attorney thissued W thrm. ro
execute and deliver on behalf of the Company and to attach e seal of the Company thereto any and all bonds and undenakahgs, and d wrm. wo
obligatory in the nature thereof. And any ouch inatrumem executed by arty such Anpmey.in•F&W Shelf be as bindig upon the Company as if sgned by
an Executive officer and $tilled and attested by one other of such Ofacera.
In Witness Whereof, the HARTFORD FIRE INSURANCE COMPANY has caused these presents to 'be signed by
its Vice -President, and Its corporate seal to be hereto affixed, duly attested by its Secretary, this 15th day of October, 1992,
HARTFORD FIRE INSURANCE COMPANY'`• .-
AtteJsJJ..t�://��'�/�/'••JJ� l�//J�f�/�/y / ��".,.,��
"'�• •�'w, i.R�.Y J � �/ �/ r"7L,i+_'� ,ram IM '
Richard R. Hermanson -_ •111v
Secrryry - .
STATE OF CONNECTICUT Robert N. H, Senor'
Viee•Pn$iQenf
COUNTY OF HARTFORD
On this 1 Sth day of October, A.D. 1992, before me personalty came Robert N. H. Saner, 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 Vice•Pri sident
of the HARTFORD FIRE INSURANCE COMPANY, the corporation described in and which executed the above Instrument;
that he knows the seal of the said corporation; that the seat 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,
STATE OF CONNECTICUT
Jean' . Wozniak
COUNTY OF HARTFORD Notary AtbM
My Commission Expires March 31, 1994
CERTIFICATE
I, the undersigned, Assistant Secretary of the HARTFORD FIRE INSURANCE COMPANY, a Connectlourt Corporation,
DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not beep
revoked; and furthermore, that the Resolutions of the Board of Directors, set forth in the Power of Attorney, are now in force,
Signed and sealed at the City of Hartford, Dated the 30 day of March t9 99
list
David A. Johnson
Assistant Secretary