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HomeMy WebLinkAboutCity of Tamarac Resolution (162)1 Temp. Reso. #9809 May 30, 2001 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-162 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO RELEASE A PUBLIC IMPROVEMENT WARRANTY BOND IN THE FORM OF SURETY BOND #45 SUN 271405 FROM HARTFORD FIRE INSURANCE COMPANY IN THE AMOUNT OF $2,863.75 FOR THE WATER DISTRIBUTION AND SEWAGE COLLECTION SYSTEM IMPROVEMENTS INSTALLED BY VALUE DINING OF TAMARAC, INC., FOR THE GOLDEN CORRAL PROJECT LOCATED AT 7401 WEST COMMERCIAL BOULEVARD; AUTHORIZING THE CITY CLERK TO RELEASE SURETY BOND #45 SUN 271405; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Value Dining of Tamarac, Inc., has constructed the Golden Corral Project and installed the Water Distribution and Sewage Collection System improvements in accordance with the Site Plan approved by the City Commission on May 13, 1998; and WHEREAS, the Water and Sewer Developer's Agreement accepted and executed by the City of Tamarac on May 27, 1998, requires Value Dining of Tamarac, Inc., to provide a one-year Warranty Bond to the City of Tamarac for the Golden Corral Project Water Distribution and Sewage Collection System improvements located at 7401 West Commercial Boulevard (a copy of which is attached hereto in map form as "Exhibit 1 "); and WHEREAS, Value Dining of Tamarac, Inc., has requested the release of a Temp. Reso. #9809 May 30, 2001 2 Public Improvement Warranty Bond in the form of Surety Bond #45 SUN 271405 from Hartford Fire Insurance Company, in the amount of $2,863.75 (a copy of which is attached hereto as "Exhibit 2") for the Water Distribution and Sewage Collection System improvements installed for the Golden Corral Project; and WHEREAS, the improvements were inspected, approved and are recommended for acceptance for City ownership by the Utilities Engineering Division; and WHEREAS, it is the recommendation of the Director of Utilities that the Public Improvement Warranty Bond be released for the Golden Corral 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 Warranty Bond in the form of Surety Bond #45 SUN 271405 from Hartford Fire Insurance Company, in the amount of $2,863.75 for the Golden Corral 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 to release the one-year Public Improvement Warranty Bond for the Water Distribution and Temp. Reso. #9809 May 30, 2001 3 Sewage Collection System improvements in the form of Surety Bond #45 SUN 271405 from Hartford Fire Insurance Company in the amount of $2,863.75 for the Water Distribution and Sewage Collection System improvements installed by Value Dining of Tamarac, Inc., for the Golden Corral Project located at 7401 West Commercial Boulevard in accordance with Section 10-156 of the City Code. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: passage and adoption. L7 This Resolution shall become effective immediately upon its Temp. Reso. #9809 May 30, 2001 4 PASSED, ADOPTED AND APPROVED this 26t" day of June, 2002. JOE SCHREIBER MAYOR ATTEST: .� RECORD OF COMMISSION VOTE: MARION ENSON, CMC MAYOR SCHREIBER AYE CITY CLERK DIST 1: V/M. PORTNER AYE DIST 2: COMM. MISHKIN AYE DIST 3: COMM. SULTANOF AYE DIST 4: COMM. ROBERTS AYE I HEREBY CERTIFY that have approved this RE��UT ION,a 'to lm. _// CITY ATTORN J E D/DM/db 1 EXHIBIT I TEMP. RESO. # 9809 WOODMONT PLAZA ALL SAINTS LUTHERAN NATIONS SHELL 0 LAKE J '0 63z o < ¢ ti w ww � � ¢ z 1 BANK COLONY w (69ST.) M C N A B ROAD TPLAZAC BRIT❑KW❑❑D a HANK TEXACO PLAZA o � a n W W W W W W W UNIVERSITY -J 68 ST W W COMMONS v v (3 7 67 ST Q f Q '> n ��.- M f W W W CWLJ BELLE T H E p Q 66 ST a l n N' cfR, W W > 7 ¢ TAMARAC W W W w ^ MAINL NDS t ¢ ~ f t W W <E J 65 ST f �� _ \ W W H ' UNIV. r,4 CT SHOPPES W �\ OF'CS. 64 ST W W 64 ST W W W W W W W W W W W W W W W •�' A EGAN W W •v o PLAT ¢ 63 CT W W 63 yfj/J� W © n Q ¢ ¢ YLCLLG W W W W W W ^ ^ n 62 CT r///��WAT rmi ST. MALACHY 3 F CCHURCHC 63 ST 62 ST F a 7 7 ¢ ¢ ¢ co 0 ¢ n n ^ ^ ^ 63 ST L 62 STa , (EDGEW TER) 61 ST r CURTIS 61 ST N ANDS SE r 10 �F , r f / ¢ 3 ¢ FIELD ^ �^ ^ PLAT NATI❑NS 7 60 ST N a� 60 ST BANK vL 59 ST 5 ry �1 w 58 CT 5$ ¢ ¢ ¢ MIDWAY PLAZA oo n 58 ST n n n S8 ST Q BLOCK �--� Mi SITE L- 57 PL g BUSTER cy- LOCATION MAIL D SEC 9 a UNITED BOSTON W �, BIG LOTS 57 DR 57 ,� ^ a v STATES CHICKEN - z PLAZA 57 CT 57 CT ^ POST OFFICE m 57 ST ¢ F- zy uLd ¢ Xw:J Nr OJ Z Z zz ©-ro 7 BLATT ¢ N �z ww J �a w¢ aw z n viw ¢a ¢°° �m m aa< cUi�¢aw� PLAT n wY �¢ 0w cz.)w U JUE ¢ A <E A-------------- w COMMERCIAL BLVD uotoen_t,orrat.Lwl GOLDEN CORRAL WARRANTY BOND RELEASE EXHIBIT 2 r 145 SUN 271405 S!JPDIVISION IMPROVE ENT &AR 1ANTLY BON r/- G _ r— ,q,Ra} 70 c-0 r r� Project Name. UPrIUE,NON of In-r►-t KNOW ALL MEN BY THESE PRESENTS: That having an address off*( P4 aa+r+`A 4-4,1 $1vo M""`"- as Principals, and Hartford Fire Insurance Co. P.O. Box 3057, Naperville, IL 60566 having an address of a corporation, existing under the laws of the State of Florida, and having heretofore complied with all the requirements of the laws of the State of Florida regulating the admission of such corporation to transact business in this State, as Surety, are held and firmly bound unto the City of Tamarac of Broward County, a municipal corporation of the State of Florida, having an address of 7525 Northwest 881" Avenue, Tamarac, Florida, 33321 in the full and just sum of iu: sue.• 410 7r-- Dollars ($ 2,843 � ). 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, administrator-, 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 percent of the actual cost of the Subdivision Improvements be posted upon formal acceptance of said Subdivision Improvements by the City Commission, and 980605 1 Subdivision Improvement Warranty Bond 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 the 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 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 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 event the Principal should fail or refuse so to do within ninety (90) days 980605 2 Subdivision Improvement Warranty Bond after said written notice by the Director of Utilities, 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 shalt 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 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. 980605 3 Subdivision Improvement Wattanty Bond r 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 this 7th day of SIGNED AND SEALED IN THE PRESENCE OF: Steve Markley i (As to Principal) Hartford Fire Insurance co. IA04 06�u� Nancy OBrVen December 19 98 Value Dining of Tamarac, Inc. President (Title) for the President Attested by (Title) Attorney- =E (Tit' )for Surety "or W (Title) NOTE: The respective corporate seals should be affixed: Approved as to Form Approved as to Content City Attorney Director of Utilities 980605 4 Subdivision improvement Warranty Bond 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 Hartford, County of Hartford. State of Connecticut. does hereby make, constitute and appoint IRA H. NOVAK and/or NANCY O'BRIEN of BEACHWOOD, OHIO its true and lawful Attomey(s)-in-Fact, with full power and authority to each of said Attomey(s)-in-Fact, in their separate capacity if more than 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 penaities 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 a. The President or any 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 -Presidents, Resident Assistant Secretaries and Attomeys-in•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. Atomeys-in-Fact shall have power and authority, subiect 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 obl story in me nature thereof, and any such instrument executed by arty Attorney -in -Fact Attoey-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. 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 Attest` /L Richard R. Herntanson Secretary ,x. Robert N. H. Saner STATE OF CONNECTICUT ) Vice -President COUNTY OF HARTFORD 1} ss On this 15th day of October, A.D. 1992, before me personally came Robert N. H. Sener, 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 -President 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 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, f. STATE OF CONNECTICUT ss• �\ %/ Jean H. Wozniak COUNTY OF HARTFORD Notary PuWc My Commission Expires March 31, 1994 CERTIFICATE 1, the undersigned, Assistant Secretary of the HARTFORD FIRE INSURANCE 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 the Resolutions of the Board of Directors, set forth in the Power Attomey, are now in force. Signed and sealed at the City of Hartford. Dated the 7 day of ,��L 1910 DavidAssistant A. Johnson ASsista/1t Secretary Form S-3507.7 (HF) Printed in U.S.A.