HomeMy WebLinkAboutCity of Tamarac Resolution (163)11
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Temp. Reso.#9806
May 29, 2002 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2002-163
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 #3-614-865 IN THE AMOUNT OF $5,805.00
FOR THE WATER DISTRIBUTION AND SEWAGE
COLLECTION SYSTEM IMPROVEMENTS INSTALLED BY
PETROPAC, INC., FOR THE 7-ELEVEN PROJECT
LOCATED AT 7901 WEST COMMERCIAL BOULEVARD;
AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO
WAIVE THE REQUIREMENT FOR THE RECEIPT OF A ONE
YEAR WARRANTY BOND; AUTHORIZING THE CITY CLERK
TO RELEASE SURETY BOND #3-614-865; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Petropac, Inc., has completed the construction of the Water
Distribution and Sewage Collection System Improvements for the 7-Eleven Project located
at 7901 West Commercial Boulevard (attached hereto in map form as "Exhibit 1 "); and
WHEREAS, the terms of section 10-156 of the City Code requires
Petropac, Inc., to provide a Public Improvement Performance Bond to the City of Tamarac
(a copy of which is attached hereto as "Exhibit 2") for the 7-Eleven Project Water
Distribution and Sewage Collection System Improvements; and
Temp. Reso.#9806
May 29, 2002 2
WHEREAS, Section 10-156 required that a one year Warranty Bond be issued
upon release of the Public Improvement Performance Bond; and
and
WHEREAS, the one year Warranty Bond for this Project would be $2,978.00;
WHEREAS, Petropac, Inc., has requested the release of the Public Improvement
Performance Bond in the form of Surety Bond #3-614-865 in the amount of $5,805.00
(a copy of which is attached hereto as Exhibit 2); and
WHEREAS, the Water Distribution and Sewage Collection System Improvements
have been inspected, approved and already placed into service by the Utilities Engineering
Division; and
WHEREAS, the Water Distribution and Sewage Collection System Improvements
have been in service for over one year, the Utilities Department is requesting that the
requirement for the receipt of a one year warranty bond in the amount of $2,978.00
required by City Code Section 10-156 and the Water and Sewer Developer's Agreement
be waived; and
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Temp. Reso.#9806
May 29, 2002 3
WHEREAS, it is the recommendation of the Director of Utilities that the Public
Improvement Performance Bond be released for the 7-Eleven Project Water Distribution
and Sewage Collection System Improvements and the one year Warranty Bond
requirement be waived; 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 from Petropac, Inc., for the 7-Eleven Project Water
Distribution and Sewage Collection System Improvements and to waive the requirement for
the receipt of a one-year Warranty Bond.
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 Public Improvement Performance Bond in the amount of $5,805.00 for the Water
Distribution and Sewage Collection System Improvements for the 7-Eleven Project.
Temp. Reso.#9806
May 29, 2002 4
SECTION 3: The requirements for receipt of a one-year warranty bond for
the Water Distribution and Sewage Collection System Improvements is hereby waived.
SECTION 4: The City Clerk is hereby authorized and directed to release to
the Utilities Department for return to Petropac, Inc., the Public Improvement Performance
Bond for the 7-Eleven Project. The bond is in the form of Surety Bond #3-614-865 in the
amount of $5,805.00 for the Water Distribution and Sewage Collection System
Improvements located at 7901 West Commercial Boulevard.
SECTION 5: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 6: 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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Temp. Reso.#9806
May 29, 2002 5
SECTION 7: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 261" day of June, 2002.
r
._._
JOE SCHREIBER
x,1 MAYOR
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
J E D/DTM/db
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
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EXHIBIT 1
TEMP. RESO. # 9806
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~ COMMERCIAL BLVD,
LAUDERHILL
7-ELeven.DWG
7-ELEVEN
PERFORMANCE BOND RELEASE
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06/22/2000 1-:20 S5-15a195'
EXHIBIT 2
Bond no. 3-614-865
SQ15121VISION IMPROVEMENT PERFORMANCE BOND
Project Name: Southland Corp. 7-11 Extension of Public Water & Sewer Mains
KNOW ALL MEN BY THESE PRESENTS: That Petropac, znc.
Fl rida 3332
having an address of PO Box 2 9 2 6 3 8 , Ft . Lauderdale as PnnGpa s, an
The Ohio Casualty Insurance Company having an address of
Hamilton, Ohio a corporation, existing
under the laws of the State of Florida, and having heretofore compiled 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 h Avenue, Tamarac, Florida, 33321 in the full
Five thousand, eight hundred five 00/100
and just sum of Dollars ($5 , 805 .
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, the said Principal is required to fumish a Performance Bond to
guarantee the installation of public improvements as indicated on the Certified
Estimated Cost (ExhibitA attached) and on plans prepared by Jeff Falkenger & Associate
and approved by the Utilities Engineer or his designee on July 12 , 2000, for
Extension of Public Water & Sewer Mains
the Project and to comply with
requirements of Tamarac City Code Section 10-156.
581218 1 SubdlvWcS Improvement PsftrM*nC6 Bond
06/ 22/'2000 14: 20 954521956f
The City of authorized to draw drafts at sight accompanied by a signed statement
for the City of Tamarac or its authorized representative that:
1. The drawing is due to Petropac, Inc . ' s
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 term, or unless the City of Tamarac returns the
original letter of credit 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.
W218 2 y subdivl3lon Irnprove~t pgrrormance Bond
06f2'4-I2000 14:20 954581S5� FG7r�l.r.:� /... �•,.:� u�
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 19
day of July
, 20
00
SIGNED AND SEALED
IN THE PRESENCE OF:
Petropac,Jtnc
(As to Principal) (Titl"e-�for) President
steel by
(Title)
Ohio Casualty Insurance Co.
(T' r
Attested byDaviak D. Stanton
Attorney -in --Fact
(Title)
NOTE: The respective corporate seals should be affixed:
U121 B 3 subdivision Pmprovsment PVftM uux Bond
CERTIFIED COP'V OF POWER OF ATTt,etNEY
THE OHIO CASUALTY INSURANCE COMPANY
HOME OFFICE, HXMILTON, OHIO
No. 32-186
Know All Men by These Presents: That THE OHIO CASUALTY INSURANCE COMPANY, in pursuance of authority granted by Article Vl, Section 7
of the By -Laws of said Company, does hereby nominate, constitute and appoint: David D. Stanton or Michael J. Weinberg or John T. Dawkins or
Patricia C. Segal of Ft. Lauderdale, Florida its true and lawful agent (s) and attorney (s)-in-fact, to make, execute, seal and deliver for and on its behalf as
surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance SIX MILLION
($6,000,000.00) DOLLARS, excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon
And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes,
as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Hamilton, Ohio, in their own proper persons.
The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in-fact.
In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty Insurance Company has hereunto subscribed his
name and affixed the Corporate Seal of the said The Ohio Casualty Insurance Company this lath day of March 1997.
SEAL'-
1•
Sam Lawrence, Assistant Secretary
STATE. OF 0I110,
COUNTY OF BUTLER
On this 14th day of March A.D. 1997 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified,
came Sam Lawrence, Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in,
and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn deposeth and saith, that he is the officer of the
Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer
were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal at the City of Hamilton,
State of Ohio, the day and year first above written.
Notary Public in and for County of Butler, State of Ohio
My Commission expires August 5, 1997.
I his power of attorney is granted under and by authority of Article VI, Section 7 of the By -Laws of the Company, adopted by its directors on April 2, 1954, extracts from
which read:
"ARTICLE V1"
"Section 7. Appointment of Attorney -in -Fact, etc. The chairman of the board, the president, any vice-president, the secretary or any assistant secretary shall be
and is hereby vested with full power and authority to appoint attorneys -in -fact for the purpose of signing the name of the Company as surety to, and to execute, attach the
corporate seal, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of suretyship and policies of insurance to be
riven in favor of any individual, firm, corporation, or the official representative thereof, or to any county or state, or any official board or boards of county or state, or the
Unitcd States of America, or to any other political subdivision."
This instrument is signed and scaled by facsimile as authorized by the following Resolution adopted by the directors of the Company on May 27, 1970:
"RESOLVED that the signature of any officer of the Company authorized by Article VI Section 7 of the by-laws to appoint attorneys in fact, the signature of
the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power of attorney and the seal of the Company may be affixed by facsimile to any
pc.ver of attorney or copy thereof issued on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and seal, to be
vaisd and binding upon the Company with the same force and effect as though manually affixed."
CERTIFICATE
1, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company, do hereby certify that the foregoing power of attorney, Article VI Section 7 of the by-
!1ws Of the Company and the above Resolution of its Board of Directors are true and correct copies and are in full force and effect on this date. 2000
:N WITNESS WHEREOF. l have hereunto set my hand and the seal of the Company this 19 day of July A.D.,
r-SAL `Z
ZS
S-4 ,00-CSG (12i96) Assistant Secretary