Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution (234)f] 1 Temp. Reso. #9865 August 8, 2002 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-234 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 #72 BCSAE2653 FROM MERRILL GARDENS, L.L.C., IN THE AMOUNT OF $16,780.50 FOR THE WATER DISTRIBUTION AND SEWAGE COLLECTION SYSTEM IMPROVEMENTS INSTALLED BY MERRILL GARDENS, L.L.C., FOR THE MERRILL GARDENS PROJECT LOCATED AT 7650 NORTH UNIVERSITY DRIVE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Merrill Gardens, L.L.C., has constructed the Merrill Gardens Project and installed the Water Distribution and Sewage Collection System Improvements in accordance with the Site Plan approved by the City Commission on April 8, 1998; and WHEREAS, the Water and Sewer Developer's Agreement accepted and executed by the City of Tamarac, requires Merrill Gardens, L.L.C., to provide a one- year Warranty Bond to the City of Tamarac for the Merrill Gardens Project Water Distribution and Sewage Collection System Improvements located at 7650 North University Drive (a copy of which is attached hereto in map form as "Exhibit 1 "); and WHEREAS, Merrill Gardens, L.L.C., has requested the release of a Public Improvement Warranty Bond in the form of Surety Bond #72 BCSAE2653 from Merrill Gardens, L.L.C., in the amount of $16,780.50 (a copy of which is attached hereto as "Exhibit 2") for the Water Distribution and Sewage Collection System Improvements installed for the Merrill Gardens Project; and Temp. Reso. #9865 August 8, 2002 2 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 Merrill Gardens 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 #72 BCSAE2653 from Merrill Gardens, L.L.C., in the amount of $16,780.50 for the Merrill Gardens 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 Sewage Collection System Improvements in the form of Surety Bond #72 BCSAE2653 from Merrill Gardens, L.L.C., in the amount of $16,780.50 for the Water Distribution and Sewage Collection System Improvements installed by Merrill Gardens, L.L.C., for the Merrill Gardens Project located at 7650 North University Drive in accordance with Section 10-156 of the City Code. 1 Temp. Reso. #9865 August 8, 2002 3 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: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 11th day of September, 2002. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that have approved this RESOLUTION as to form )Y C ITCHELL T CITY ATTO r 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 EXHIBIT I TEMP. RESU. # ""' • j W W W W W W W W W 1f W w W W W W W W W W W W l j%1 w �• w FERN CIR f-/f�/ TR55 ON i�// J/ W J W W W W U I Q a W w W W ST THE - pINE"S �-- r W❑ODM❑NT w w CIi W w W COUNTRY CLUB w = W W F W W W W 1 w W 4 l TR74 j w w -i W W w W W W Q H �Oe ODM W W W W Z Q 79 ST WH 10 n Ix TR56 00 p q m 78 CT �`P9 n AVALON r' ESTATES m 78 CT PL m f78 8 ST E CENTREH/OODM❑NT '`a i fn (Ale w n n TAMARAC ELEM SCHOOL W 7rjW S. �� n ��PGK _SITE +f2G AV- I.- w PALM oq Q �co LOCATION PAL T CIR W SIL Q 73 J� T PARK C � S.BELL of PAL a ME��O Q 1 �l 76 ST CT P� TR75 W w C. 73 TOWN PLAZA � n n Q v n 7 W w �O RIHC ,_ ..� r r 75 ST o r r -- - r -/ H GREENBR IAR W OL W AIPJ, Y` 9.. C 3 ENV�IR�,c NTALL ' W LANIL 74 ST fY WQIIDMONT 4- w r �_ ^ Jam''.- W 7� ST w f w UNIV. UNIV. TAMARAC MED. ARTS MED. _ MED CTR CTR Z PICCADILLY 72 CT / W w ST r r UNIV. H❑SPITAL $T 72 ST w QOt� l AND MED. CENTER O9- R72B 1 71 CT W❑ODMONT Q� w W 7 T1 CY PARK SQUARE J� vO�F W W w /j Q a, J THERAPEUTIC CT J 71 ST ¢ c 7 TR72C a ACIALD MYOD m IX E BAN 3'f j TR72A f PI APP E K CAA n N. IMER. 70 ST a aaz 70 CT r In ¢ ►-w ist UNION ALBERTS❑N o A w .�. z �v~i W❑❑DM❑NT W❑ODMQNT ALL SAINTS BANK O te a_ ¢ Q r y z a w? COMMONS PLAZA LUTHERAN NATIONS SHELL 0 V) �` v- y w3 BANK v w W W W W M c N A B ROAD BANK TEXAC❑ TAMARAC W w W W w CONCORD VILLAGE PLAZA W w W w W W W �W❑O W W W W W W w UNIVERSITY v W w W W W W -V LA W W W W W W W W W W W W TS. W W w w \- W W COMMONS SANDS P❑INT „ w w CAIyAt AV W W w w � w w W W W SAT w W W BELLE W W w Ne W �\ W TERRE GQW Y OF Q w w w w VE�s N CIR w W w w W TAMARAC MtKKiLL UMMI1 W MERRILL GARDENS WARRANTY BOND RELEASE Exhibit "2" Bcrd No.: 72 BCSAE2653 Premium: $ 336.00 :.,► •.. ..i--. � ._::_. a =•..•. Prge= Name#: -S KNOW ALL MEN BY THESE PRESENTS: That Terrill Gardens L.L.C. hw4v an Wdruma of A te. �1Princapwf�. and Har t f ord Fi", Insurance QompanI4 ha vhV an aaldre6s of Onp-PnLintp Qriva,ULnnr„S,:.a 9282 • corporstion, "sting under d%9 [snares of they 3taly of Florida, and having heretofore cornpUed with sit the reQUI IM0 is of the taws of the &4rta of Florida r"Wajtirq the edmiselion of such cog2,0mtim to tranaad bualnesa In thb Stoehr,, ea Sursty. am hold and firmly bound %M the City of Torsente of Bm werd County, a municipetl torparstlort of the St** of Ftwids. hawing on awdreals of ,r525 Northvmet 88" Aws.nue. Tamarac, Floridrl, 33321 in the hall and juert awn or fi',adMjjjjhMjEigbLyDollars ii16, 7E0.50• lawful mornay of tho Untied States of Aeruarlca, for which turn vmn end truN to be, Calk! to said City of Tamarac, tiro said Principal and the Bald Surety do hereby bind thernsohnw, their he", exe=Aors. adrninlslralors, suaoeasots or assigns resvecxlveFy. as the roar may be. jot+* and wyoraDy, fim* by gesso prarerds. WHEREAS, in 4Kcordanae wft ro terms of section 10-15G. we amended by Ordinance 93-23. ran4p*ph (b) of the Tonvrac City Cede, there is a rsqulnarrient that a bcnd in the amount of 25 percent of the actual cost of the Subd►viabn irnproverneTta A9 posted upon forme{ ameotanwl of said Subd"ion tnuxmomerets by the Cibr Convnission, and MIN40 I 189 APR- 11-00 TUE ii:27 FM WHEREAS. in compliance with &did warm ly bond requirernent9. Bald Princlj of Is required 1a Wmish a good and sufticierK bona in a surely company Doomed to do business in -the Stagy of Florida conditioned upon the aonvcdon of all it ufrclenci w in desdiiin, w+o-lacm sl`dp irandVor mmuutain which are %Kmd wfltrin am year of the data of the fvnTW eor'sporsas of Iche SubdhAWon Impntnrentents by the City Commission of the City of Tenwsrac, Flkulda, 0 NOW, THEREFORE. the condltlan of ttte obligation Is twah cast If Ow said Principal, it; sur.+v0 Mrs. legal reprssentnthmn or ax4ftna *hall have roads e4 correcivns and shares have paid all claims for the cost of corrscti V all inauf mienpls in design. workrymnship arWoc materials diaccrvored wONn or+s year of Vw dat* of formal acweptsnce of the Subdlvislon In vrovements by the CITY ComrnFaslon of the CMY Of Yornarac, i~iuride, then this vbligativn *hall be void; ohm to wntinue in furl force and Prior to the 4w.d d 1he cakw4ar yew following said City Commission's formal accapt uxia of the SLrIxI(IV Tan improva rft warrenbad by thls band, the DivOlO' d L unses or his desiprxw "a Inspect dom for final rvleasv. If his Invastlgattem revesds any k*Aj dsrrrJ w, then M &hall moM the Prindpsl, In writing, that the tirvrk Is unacly. The Principal and rM Surotyy. jointly and aevoraty, agree that sold City of Tamarac shah has the right to corned Ir uMCkW cies In design, workrnanshlp and/or rrAft tsls In bw ovvM tlhe Pri mipal NlMM tall or refu" so to do within nlrogWy (9M dabs Mrs Z eksowwa..lp W . wwrww 1r 4 05/12/00` FRI 12:45 FAX 714 578 7489 ARMSTRONG-ROBITAILLE FROM MERRILL GARDENS I7 -IMENT FRX NO. : 2OG 676 S3Ei'' APR -II-00 TUE 11:27 Art r Q004 May. ee 2000 6S:S6PM P12 P. OQ agar said wrM*n notlui try tft Drrrctvr of Utilitiws. and, pursuant to public adveniaerntent and receipt and acce;dranoe of bids. cause and insuffic mciew in design. vvcxlu +snahip and/or MaWdela to be crarrected. In such Case, Vw Prindpal and Sunray *Mail be jointly and saveraty fits Norwnder to pay and indomnify amid City upon the rorractlen of said InsuAtclencWd In desitln, VWW1w anshlp Sndfar nutarfals, the Real toll cord thereat. Indudrnq bvt not 6mi Ard b engimerirtp, lapel and condWent oasts toWPOW with arty damage, dUect or comwiquen' 08L Which sold City of Tamarac may auawin an aaawnt of the Wlure of Ow Prtndlpai to comply With an pf thq ropulrwrrrants hamot Upon rocommandatlon by the Director of Utiittiam for Mal Ao®at MM " upon qumplianco by Princiwrl wi 4 ■pprK btu corXildior+s, as nanainabove stsftd. the Director Of Ut"iss will then recommend to tho Cary Cornmission talc release of W* rrduaad Nord, by nwoohrtbri. s0tsfa 3 suer r i" in V. pew IF wa" v-d r Q005 P. 05 IN VaTWss WHERSOF, the sbwe munden perhaves executed their lnstrurrt*nt Dy aitW, their cvrponm rmTm and seals harww and causes tWr suthoftwd rwaswitalrirrs to sign these preeents. pursusmt to bie authartty of dhelr govemihp *w ws m *do ,12.1h_ -- -day of 7�34OD SM3NEO ANO SCAUED IN THE PRESENCE OF: C. (As to PdridwN) AtWstrd 4ry art pany (rift) (TR e) fw Swwty Pau]. E. , Jr. , Attorney -in -Fact A000M by Cam) --- NOTF- Tho rwgprcfre crygxwes ssah should be affixed: HEI HARTFORD FIUI.I I I l c;iO\D[Nt; STATE OF CALIFORNIA COUNTY OF „ Orange On May 12, 2000 before me, Marc M. He personally appeared _ Paul E. Boucher, JR , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Signature CALIF R�HA NOTARY ACKNOWLEDGEMENT FORM Farm S-4050-0 Printed in U.S (Seal) ENRY 3767 r, O.M ALIFORNIA UNTYay 16, 2002 I� STATE OF WASHINGTON ) ) ss: COUNTY OF KING ) I, Theresa Conley French, a Notary Public, do hereby certify that William D. Pettit, personally known to me to be the President of THE MERRILL GROUP, INC., a Washington corporation, as corporate general partner of and on behalf of Merrill Associates Limited partnership, a Washington limited partnership, which is the managing member of Merrill Gardens, L.L.C., a Washington limited liability company, and personally known to me to be the same person whose name is subscribed to the foregoing document, appeared before me this day in person and acknowledged that as such he/she signed and delivered the said document as his/her free and voluntary act and deed and the free and voluntary act and deed of said corporation, being authorized to do so by a resolution of its Board of Directors, for the uses and purposes therein set forth. Given under my hand and notarial seal this 19th day of May, 1000. _ CA�LEr . i��ssian bpi . PUBLIC Notary Public in afor the State of Washington, U residing at Shoreline My commission expires 10/8/2002 HARTFORD FIRE INSURANCE COMPANY Hartford, Connecticut : POWER OF ATTORNEY Know all men by these Pr"ants, That HARTFORD FIRE INSURANCE COMPANY, a corporation duty 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 PAUL E. BOUCHER, JR„ R.S. REHRER, M.L. JUE and CURT McFAUL of BREA, CALIFORNIA 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, and to bind 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 HARTFORD FIRE INSURANCE COMPANY and sealed and attested by one other of such Officers, and hereby ratifies and confirms all that its said Attorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of the By -Laws of HARTFORD FIRE INSURANCE COMPANY, ('the Company") as amended by the Board of Directors at a meeting duly called and held on July 9, 1997, as follows: ON111fei111:1111L SECTION 7. The President or any Vice President or Assistant Vice-president, acting with any Secretary or Assistant Secretary shall have power and authority to sign and execute and attach the seal of the Company to bonds and undertakings, recangnixances, contracts of indemnity and other writings obligatory In the nature thereof, and such instruments so signed and executed, with or without the common seal, shall be valid and binding upon the Company. SECTION 8, The President or any Vice -President or any Assistant Vice President acting with any Secretary or Assistant Secretary, shoo 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 Attorneys -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. Resolved, that the signatures of suds Officers and the seal of the Company may be affixed to any such paver of attorney or to any xrtiomrs relating thereto by facsimile, and any such power of attorney or cerdficate 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 rasped to any bond or undertaking to which It is affached. In Witness Whereof, HARTFORD FIRE INSURANCE 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 Secretary, this 1 Sth day of September, 1997. Attest: HARTFORD FIRE INSURANCE COMPANY y SEAL Richard A. Hermanson, Secretary STATE OF CONNECTICUT ))) ss COUNTY OF HARTFORD John F. Burke, Assistant Vice President On this 15th day of September. A.D. 1997, before me personally came John F. Burke, 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 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. STATE OF CONNECTICUT I '7"� �T r SS. • l>� Jean H. woacak ublic COUNTY OF HARTFORD NataryPms CERTIFICATE MYComartitsinxLxpnwJume30,2004 I, the undersigned. Secretary of 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 Article IV, Sections 7 and 8 of the By -Laws of HARTFORD FIRE INSURANCE COMPANY, set forth in the Power of Attorney, are now in force. Signed and sealed at the City of Hartford. Dated the 12th day of �hY mi 20M r a f ATO' Robert L. Post, Secretary Form S-3507-9 (11F) Printed in U.S.A.