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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-338�1 1 Temp. Reso. #9581 October 22, 2001 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-338 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 #13295 57 66 FROM RELIANCE INSURANCE COMPANY IN THE AMOUNT OF $45,652.00, SUBJECT TO THE RECEIPT OF A ONE-YEAR WARRANTY BOND IN THE AMOUNT OF $24,241.88 FOR THE WATER DISTRIBUTION AND SEWAGE COLLECTION SYSTEM IMPROVEMENTS INSTALLED FOR THE INTOWN SUITES PROJECT LOCATED AT 8191 WEST COMMERCIAL BOULEVARD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Intown Suites Commercial Boulevard, Inc., has constructed the Intown Suites Project and installed the Water Distribution and Sewage Collection System Improvements in accordance with the Site Plan approved by the City Commission on August 25, 1999; and WHEREAS, the Water and Sewer Developer's Agreement accepted and executed by the City of Tamarac, requires Intown Suites Commercial Boulevard, Inc., to provide a Warranty Bond to the City of Tamarac for the Intown Suites Project Water Distribution and Sewage Collection System Improvements located at 8191 West Commercial Boulevard (a copy of which is attached hereto in map form as "Exhibit 1 "); and Temp. Reso. #9581 October 22, 2001 2 WHEREAS, Intown Suites Commercial Boulevard, Inc, has requested the release of a Public Improvement Performance Bond in the form of Surety Bond #13295 57 66 from Reliance Insurance Company, in the amount of $45,652.00 (a copy of which is attached hereto as "Exhibit 2") subject to the receipt of a one-year Warranty Bond in the amount of $24,241.88 to the City of Tamarac for the Water Distribution and Sewage Collection System Improvements installed for the Intown Suites 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 Intown Suites 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 one-year Warranty Bond from Intown Suites Commercial Boulevard, Inc., for the Intown Suites Project Water Distribution and Sewage Collection System Improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE [1 C Temp. Reso. #9581 October 22, 2001 3 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 Intown Suites Commercial Boulevard, Inc., a Public Improvement Performance Bond in the form of Surety Bond #B295 57 66 in the amount of $45,652.00 subject to the receipt of a one-year Warranty Bond for the Water Distribution and Sewage Collection System Improvements in the amount of $24,241.88 for the Intown Suites Project located at 8191 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. Temp. Reso. #9581 October 22, 2001 4 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED, AND APPROVED this 28t" day of November, 2001. ATTEST: MARION W-ENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. `- MITCHELL V. KRAFT CITY ATTORNEY RG/DTM/mg 7 L JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER A yel DIST 1: COMM. PORTNER A el DIST 2: COMM. MISHKIN ,4 gr DIST-3: V/M SULTANOF A e. DIST 4: COMM. ROBERTS A Pi 1 1 EXHIBIT 1 TEMP. RESO. # 9581 y W70 ST ca aaz 70 CT -1 V.1-2,,, Ica rm ry a �w 7 �O aj v> tz] W o m W z w J z Mv~i WGODMONT ¢ WOODMONT o wca ©¢ m ¢ z M -J } z ¢ 7z n PLAZA w <w o W C3 D m w z ! apq wW COMMONS QD to to X A 3 MCNAB ROAD W W W W W W W W C❑NC❑RD VILLAGE W WD❑IILANII LAKES W n W W W W W W W W W i W �WOI.I w W W W W W W W W v W i W •Y W .Y •v LA TS. W W W W SANDS P❑IN �� , W W W W W W W CLUB L. LAND �\� LAND SEC. 9 W W Y W W W W r CgNNQNG,gre W W W W HOUSE �\�\ �! W W W �v Cd�Nr W •r W W � _ "' W \ + W Q� • ERSAIILCS c�R LC p GARDENS RALLMS .r ❑LF W W W W CAMAS W iLLAS •r W W .v A� R❑KEST •r S• COLONY CIR. v D�NC Y APTS. N�5 P LAGaS a y y PARKW❑ W W W y W W W W W W W W W W W •Y W WEDGES W W W W W .`�W W •r Y GOLF COURSE, .r W W W W �`\` '• W W FAIRVIEW DR � W •Y -`�`` W .Y W W W W W W W W BOARDWALK APTS. LiFAIRWAYS 61 ST a03 61 ST 62 CT BOARDWALK APTS. g 59 PL 59 PL USE ! g Li Q ¢ 59 CT W �SISLEST 59 CT ¢ ¢ / ¢ (EDGE, w TER) 61°'ST MAINLANDS m 59 ST m UNIT 13 59 ST m \m a F 3 l! 58 P !!!j!%! j WATERSIDE 60 ST 3 PL w > ; 1� 7 MAI L NDS m � a Ll / m m ¢ �! UN T �1� m 58 ~ 58 CT f EARTLAND 58 ST ,e ID !! p4 S �j� OD CT w OF m m a)! /! 7 r y8 Y! ! TAMARAC a ! 1 57 DR MAI LA IDS U T'1 �� yr Sg ST 57 LNG. 7 GREE HAVE L 57 PL m W 7 1 °D 57 PL 812 FAIRi�4VE OD/ a 8741-8767 57 CT 57 CT ! v+ OFC. BLDG 57 ST NW 57TH ST SITE Q CHEVRON LOCATION N z OD COMMERCIAL BLVD. - ^ � � - - INTOWN_SUI.DWG INTOWN SUITES PERFORMANCE BOND RELEASE Exhibit 2 Bond No. B295 57 66 RELIANCE INSURANCE COMPANY HEAD OFFICE: PHILADELPHIA, PENNSYLVANIA PERFORMANCE BOND The American Institute of Architects, AIA Document A311, February 1970 Edition. KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address or legal title of Contractor) Intown Suites Commercial Boulevard, Inc. 2102 Piedmont Road, Atlanta, GA 30324 as Principal, hereinafter called Contractor, and, RELIANCE INSURANCE COMPANY, a corporation of the State of Pennsylvania, with its Head Office at Philadelphia, Pennsylvania, as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) City of Tamarac Utilities Department 6001 Nob Hill Road, Tamarac, FL 33321 as Obligee, hereinafter called Owner, in the amount of Forty Five Thousand Six Hundred Fifty Two Dollars ($45,652.00 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated October 18, 1999 , entered into a contract with Owner for Installation of public improvements at Intown Suites (Water Distribution, Sewer Collection, Fire hydrant relocation, Tapping the Water Meter) in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever the Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term 'balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment tinder the contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. Signed seal this 5th day of o tuber 1999 Intown er Boule ,Inc. 6 (Principal) (Witness) !"r�•V, (Title) RELIANCE INSURANCE COMPANY Perfarmence Bon (Witness) Rhonda Delp, Attorngf°i in -Fact Revised to (1) Pint 1n U 58 5715ax (1) Printed in U.S,A. BDR-2304 ED. 7-71 / ,. 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RELIANCE SURETY COMIPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMIPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Del- aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called "the Companies") and that the Companies by virtue of signature and seals do hereby make, constitute and appoint John H. Earl, Bruce E. Borthon, Eileen Grant, Rhonda Delp, Christine Polhemus, Shannon Carlisle, Carolyn F. Wheeler, Sandy Benson, Todd Buechler, Marion Longdon, Elizabeth Buchanan., of Atlanta, Georgia their true and lawful Attorney(s)-in•Fact, to make, execute, seal and deliver for and on their behalf, and as their act and deed any end oil bonds and undertakings of suretyship and to bind the Companies 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 Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attorneys) -in -Fact may do in pursuance hereof, This Power of Attorney is granted under and by the authority of Article VII of the By -Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect, reading as follows: ARTICLE VII • EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors, the President, the Chairman of the Beard, any Senior Vica President, any vise President or Assistant Vice President or ether officer designated by the Beard of Directors shelf have power and authority to fill appoint Attemey(sHmFoct and to authorize them to exaaut► an behalf of the Company, bends and udonoldrge, meogmances, contracts of indemnty and ether wridnge obligatory in the nature thereof, aid Ibl to renew any such AttorneyfsHn-Fact at any time and revoke the power and authority given to them. 2. Attorreyls)-imFoct ehe9 have power and authority, subject to the tame and Iimitatiene of the Power of Attorney issued to them, to execute deliver an behalf of the Company, bond* and udertakincIc recognuences, contracts of indemnity and other writirge obligatory in the nature thereof. The corporate self is net necosaary for the validity of any bends and vndrtakiros, recognizoncas, contracts of indemnity and other writing* obligatory, in the nature thereof. 3. Attrn sylal•in-Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizance*. contracts of indemnity or other conditional or obligatory undrtskings end they shall also have power and authority to certify the financial etatenrt of the Company and to copies of the By -Laws of the Company or any aticls or section thereof. This Power of Attorney is signed and sealed by facsimile under aid by authority of the followirg resolution adopted by the Executive and Finance Committees of the Boards of Directors of Reliance Insurance Company, United Pacific Insurance Company and Reliance National Indemnity Company by Unaimous Consent dated r of February 2e, 1294 and by the Executive and Financial Committee of the Board of Directors of Rollmce Surety Company by Unanimew Consent dated as of Mach 31, 1994. 'Resolved that the signatures of such directors and officers and the seal of the Company may be affixed to any such Power of Attorney or my certificates relating thereto by fapimile,and any Mush Power of Attorney or ndrdTicats bowing such facsimile slonshaes or facsimile teal *hail be valid ad binding upon the Company and my such Power so executed and cortifned by fammila signatures and facsimile seal chap be valid and binding upon the Company, in the future with respect to any bond or undertaburg to which n ,o attached., IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this August 18, 1999. rp � t cYA s JU It y rJa'w list .st - •4 STATE OF Pennsylvania COUNTY OF Philadelphia era. RELIANCE SURETY COMPANY RELIANCE INSURANCE! COMPANY UNITED PACWIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY On this, August 10, 1999, before me, Valencia Wortham, personally appeared David T. Akers, who acknowledged himself to be the Senior Vice President of the Reliance Surety Company, and the Vice President of Reliance Insurance Company, United Pacific Insurance Company, and Reliance National Indemnity Company and that as such, being authorized to do no, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as its duly authorized officer. In witness whereof, I hereunto set my hand and official seal. NaSa Seal Valencia WOrtham, Notary Public r OF I IM.fJY t � Philadelphia, Philadelphia County My Commission Expires Nov. 18. 2001) , r� Notary Public in and for the State of Pennsylvania Residing at Philadelphia I, Anita Zippert, Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this5th de f NOvembel^ 1999, M�War r air +p�eHa, e1, Secretary �r SIAL :LASEat�' 4 c%ta Ilk Its, �. s R ee R POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That J. Mark Whitehead, Sr. does hereby make, constitute and appoint Reliance Insurance Company, United Pacific Insurance Company, Reliance National Indemnity Company and Reliance Surety Company - Atlanta, Georgia Branch Bond Staff in their capacities as employees of said companies his true and lawful Attorney -in -Fact, to make, countersign and deliver for and on his behalf as a Florida Licensed Resident Agent, and as his act and deed any and all bonds and undertakings of Suretyship and Fidelity Insurance, and to bind him thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in nature thereof were countersigned by him and hereby ratifies and confirms all that his said Attorn ey(s)-in- Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of Florida Statute 624.425(3) which provisions are in full force and in effect, reading as follows: An agent shall not sign or countersign in blank any policy to be issued outside his office, or countersign in blank any countersignature endorsement therefore, or certificate issued thereunder. Any agent may give a written Power of Attorney to the issuing insurance company to countersign such documents by imprinting his name, or the name of the agency or other entity with which he may be sharing commission pursuant to § 626.753(i)(a) and (2), thereon in lieu of manually countersigning such documents; but an agent shall not give a Power of Attorney to any other person to countersign any such doc ent i the person so authorized is directly employed by the.TI/ o by no of r person, and is so employed in the office of the agent. � , IN WITNESS WHEREOF, J. Mark Whitehead, Sr. has cau this 24th day of April, 1997. i STATE OF FLORIDA ss: COUNTY OF ORANGE / i On this 24th day of April , 1997 , Sr. to me known and known to me to be the indivi a him s,vvmterieaa,-5r. k Licensed Resident Agent fore me personally came J. Mark Whitehead, described in and who executed the foregoing agreement, and acknowledged that he execute the same. "Personally Known" Rebecca o. GladinNotary Public FiEBi~CCA O GLADiN My Commission CC400030 O Expires ct. 22. 19" i ��GFP.;o CITY OF TAMARAC UTILITIES CERTIFIED COST ESTIMATE PROJECT NAME: INTOWN SUITES HOTEL DEVELOPER: INTOWN SUITES,INC. Total Public Cost % Fee Total Fee Water Distribution 35 982. 00 7.15% 2 573.00. Sewer Collection 9,670.00 8.25% 798.00 TOTALS: b) 46 652.00 `TOTAL Fee: 3,371.00 " FEES ARE NON-REFUNDABLE CERTIFICATE: I hereby certify that this estimate is true and correct to the best of my knowledge and belief and repres nts the tot 11sit development costs for the project. REVISED 9/2 4/99 �` 35457 Date Project En ineer Reg. No. Francisco A. Aguirre,P.E. Public Improvement Performance Bond from "b)" above: Cost = $45, 652 .00 X 100% $45,652.00 Iq r4f04)'!1f'J' Approval by the Utility Engineer'. Remarks: