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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-3421 1 Temp. Reso. #9590 October 29, 2001 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-342 4 4 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 #190630143 FROM NATIONAL FIRE INSURANCE COMPANY OF HARTFORD IN THE AMOUNT OF $62,185.00, SUBJECT TO THE RECEIPT OF A ONE- YEAR WARRANTY BOND IN THE AMOUNT OF $24,041.25 FOR THE WATER DISTRIBUTION AND SEWAGE COLLECTION SYSTEM IMPROVEMENTS INSTALLED FOR THE UNIVERSITY HOSPITAL & MEDICAL CENTER ER/OR/MRI PROJECT LOCATED AT 7201 NORTH UNIVERSITY DRIVE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, University Hospital, Ltd., has constructed the University Hospital & Medical Center ER/OR/MRI Project and installed the Water Distribution and Sewage Collection System Improvements in accordance with the Site Plan approved by the City Commission on April 28, 1999; and WHEREAS, the Water and Sewer Developer's Agreement accepted and executed by the City of Tamarac, requires University Hospital, Ltd., to provide a one-year Warranty Bond to the City of Tamarac for the University Hospital & Medical Center ER/OR/MRI Project Water Distribution and Sewage Collection System Improvements located at 7201 North University Drive (a copy of which is attached hereto in map form as "Exhibit 1 "); and Temp. Reso. #9590 October 29, 2001 2 WHEREAS, University Hospital, Ltd, has requested the release of a Public Improvement Performance Bond in the form of Surety Bond #190630143 from National Fire Insurance Company of Hartford in the amount of $62,185.00 (a copy of which is attached hereto as "Exhibit 2") subject to the receipt of a one-year Warranty Bond in the amount of $24,041.25 to the City of Tamarac for the Water Distribution and Sewage Collection System Improvements installed for the University Hospital & Medical Center ER/OR/MRI 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 University Hospital & Medical Center ER/OR/MRI 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 1 ri Temp. Reso. #9590 October 29, 2001 3 Bond from University Hospital, Ltd., for the University Hospital & Medical Center ER/OR/MRI 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 and directed to release to the Utilities Department for return to University Hospital, Ltd., a Public Improvement Performance Bond in the form of Surety Bond #190630143 in the amount of $62,185.00 subject to the receipt and acceptance of a one-year Warranty Bond for the Water Distribution and Sewage Collection System Improvements in the amount of $24,041.25 for the University Hospital & Medical Center ER/OR/MRI Project located at 7201 North University Drive 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 Temp. Reso. #9590 October 29, 2001 4 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 28th day of November, 2001. ATTEST: MARION S ENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLAJTLON as to form. MITCHELL"S. KF CITY ATTORN RG/DTM/mg JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER A & DIST 1: COMM. PORTNER A e/ DIST.2: COMM. MISHKIN_Aye, DIST 3: V/M SULTANOF A ew DIST 4: COMM. ROBERTS Ayel 1 1 1 r,xxxlr�i � � Surety Co. B(-_.j #190630143 ProjW Name- ity Hospital & Medical Center ER/OR MRi Expansion KNOW ALL MEN EY THESE PRESENTS: That University Hospital 7201 North Universityy Drive, having an address ofFlorida 33321 as Principals, and National Fire Insurance Company of Hartford 26 Century Blvd., Nashville, Tennessee 37214 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 BEM Avenue, Tamarac, Florida, 33321 in the full and just sure of sixty-two Thousand, One Hundred Eighty--f ive-- ❑o11.rS (*62,185 _ 0fJ lawful money of the United States of America, fear 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, executers, administrators, successors or assigns respectively, as the case may be, jointly and severally, firmly by these presents. MEREAS, the said 'Principal is required to fumish a Performance Bond to guarantee the installation of public improvements as indicated on the Certified Estimated Cast (Exhibit A anached) and on plans prepared by MCE Architects and approved by the Utilities Engineer or his designee on _May 17 _ , 199_9 , far University Hospital S Medical Center the ER/oF/MRT Expansion . Protect and to Comply With requirements of Tamarac City Code Sea ion 1 Q-156. W0606 1 sueansior► anprarrnwre I+�gformsrxx saw The City of authorized to draw draft at sight accoff"nied by a signed statement for the Cfty of Tamarac or its authorized representative that: " 1. The drawing Is due to University Hospital's failure to construct tha 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 9. That a warranry bond that is requited by Tamarac City Cade 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 nodes to the City Cleric via registered mail of their intent to terminate the credit herein exWnded, 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 unkw the City of Tamarac retums the ongnal letter of credit together with notification that it may be terminated_ This bond shalt remain in full force urfil improvements have been accepted by the City Commission and replaced by a Warranty Bond as required by City Code Section 10- 166. 2 srbcPvzj n rmpPvwnwt PcOumww Ow* IN WITNESS WHEREOF, the above bounden parties have executed their instrument by afting their corporate namez and seats hereto and causing their authorized representatives to sign these presents, pur&uant to the authority of meir governing bodies on this __7,rg _,_day of '19 . SIGNED AND SEALED IN THE PRESENCE OF: •. - S. Rene Z er I Alan Wormer Katie Graham UNI HOSPITAL RV 't' Jam s D,Hinto (Title) for the President Vice President Attested by Howard Patterson ✓p Aj (Title) Vice President NATION FIRE INSURANCE OF HARTFORD (Tide) for Surety Martha Fish, Attorney -in -Fact Attorney -in -Fact (TfUe) Countersigned b NOTE: The respective c orporaW seals should be afted: Mark A. Coolbaugh , Florida Approved as to Form Approved as to Content Resident Agent City Attorney Director of UdIhies 3 3tudris+on Impcavwrgmt Faelformmnae Banat POWER OF ATTORNEY APPODFMG LNEIMIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania corporation (herein collectively called "the CNA Surety Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint Martha Fish, Alan J. Wormer, David E. Armstrong, Be a J. Brown, Julie Holland, W. Robert Medlino Jr., Individual) of Nashville, Tennessee their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. .In Witness Whereof, the CNA Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 15th day of April _ _ 1997 CONTINENTAL CASUALTY COMPANY 4 wcry *S0 c�°P"NATIONAL FIRE INSURANCE COMPANY OF HARTFORD to-N AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA SEAL �' y �.' 3 l a97 M.C. Vonnahme Group Vice President State of Illinois, County of Cook, ss: On this 15th day of April _ 1997 , before me personally came M. C. Vonnahme , to me known, who, being by me duly swom, did depose and say: that he resides in the Vllage of Darien State of Illinois; that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. �4 NOTARY pu9uc O°bk Co My Commission Expires March 6, 2000 CERTIFICATE Mary Jo Abel Notary Public I, Robert E. Ayo, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Ammey herein $bow set foOh is still in force, and further certify that the By -Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony wtkereof I have hereunto subscribed my name and affixed the seals of the said corporations this r �( day of D CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING; PENNSYLVANIA JULY V. L ^N"