HomeMy WebLinkAboutCity of Tamarac Resolution R-99-152Temp. Reso.# 8597, June 1, 1999 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-99--
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
A SURETY BOND #X03553 FROM PREFERRED NATIONAL
INSURANCE COMPANY IN THE AMOUNT OF $86,296.00
FOR THE WATER DISTRIBUTION AND SEWAGE
COLLECTION SYSTEM IMPROVEMENTS INSTALLED BY
THE WEINTRAUB COMPANIES, FOR THE POINT VILLAS
PROJECT LOCATED ON THE SOUTH SIDE OF NW 771h
STREET BETWEEN NOB HILL ROAD AND NW 96th
AVENUE; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, The Weintraub Companies, have constructed the Point Villas Project
located on the south side of NW 771h Street between Nob Hill Road and NW 961h Avenue
(attached hereto in map form as "Exhibit 1 ") and has installed the Water Distribution and
Sewage Collection System Improvements; and
WHEREAS, the Water and Sewer Developer's Agreement accepted and
executed by the City of Tamarac on October 25, 1995, for the Point Villas Project
requires The Weintraub Companies, to provide a Performance Bond (attached hereto
as "Exhibit 2") to the City of Tamarac for Water Distribution and Sewage Collection
System Improvements; and
Temp. Reso.#8597, June 1, 1999 2
WHEREAS, the improvements were inspected, approved and are recommended
for acceptance by the Utilities Engineering Division; and
WHEREAS, the Bill of Sale Absolute for this project was accepted and executed
by the City Commission on June 27, 1997, which began the one-year warranty period
on this date, and the Public Improvement Performance Bond was left in place for the
one-year warranty period; and
WHEREAS, it is the recommendation of the Director of Utilities that the Public
Improvement Performance Bond be released for the Point Villas 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 from The Weintraub Companies, for the Point
Villas Project Water Distribution and Sewage Collection System Improvements and
waive the one-year Warranty Bond.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
Temp. Reso.#8597, June 1, 1999 3
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: That the appropriate City Officials are hereby authorized to
release the Public Improvement Performance Bond in the amount of $86,296.00 for the
Water Distribution and Sewage Collection System Improvements for the Point Villas
Project.
SECTION 3: That the City Clerk is hereby authorized and directed to
release to the Utilities Department for return to The Weintraub Companies, the Public
Improvement Performance Bond for the Point Villas Project. The bond is in the form of
a Surety Bond #X03553 issued by Preferred National Insurance Company in the
amount of $86,296.00 for the Water Distribution and Sewage Collection System
Improvements installed for the Point Villas Project, located on the south side of NW 771"
Street between Nob Hill Road and NW 96 Avenue.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
1
Temp. Reso.#8597, June 1, 1999 4
SECTION 5: 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 6:
passage and adoption.
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this CP day of
i
J.
6AROL GOI , CMC/AAPEr
CITY CLERK
HEREBY CERTIFY that I have
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JOE SCHREIBER
MAYOR
RECORD OF COMMI
MAYOR
SCHREIBER
DIST 1:
COMM. POR
DIST 2:
V!M MlSHKII
DIST 3:
C UL
DIST 4:
COMM OO
VOTE
EXHIBIT I
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TEMP. RESO. # 8597
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POINTE VILLAS
PERFORMANCE BOND RELEASE
"Exhibit 2"
WATER SEWER BOND X03553
�i �1,�_IVI S ION,_,�MPROVEMENT .,,,PERFORMANCE BQ�
KNOW ALL MEN BY THESE PRESENTS: That WEINTRAUB DEVELOPMENT CORP.
LONSDALE DEVELOPMENT CORP.,GRACLARK INC d
having an address of
HIALEAH,FL. 33016 as Principals, and PREFERRED NATIONAL
INSURANCE COMPANY
having an address of 210 Universit fDr. Ste 900
Coral Springs, Florida 33071
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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, havina an
address of 7525 Northwest 88th Avenue, Tamarac, Florida, 33321 in
the full and just sum of EIGHTY SIX THOUSAND TWO HUNDRED
NINETY SIX AND 00/100-------------------------------------------
Dollars ($ 86,296,00 ),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 furnish a
Performance Bond to guarantee the installation of public
improvements as indicated on the Certified Estimated Cost
(Exhibit "A" attached) and on plans prepared by
ENG EE and approved by the City Engineer
.or his designee on _MAY ,F�199_ for the
POINT VILLAS Project -.,and to
comply with requirements of Tamarac City Code Section 10-156.
950814
1
SURETY
The City is 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 W V
LQNSDALE-DEVELOPMENT
DEERCOM. INC.., 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
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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 hereof 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. 41
i
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.
950814 2 SURETY
IF 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 gna
day of May 1996
V� i wl���►� -1QvEu0PMr.L1-c Coca P .
SIGNED AND SEALED L-04"t)kVE lave ,.oeme-ur CO2R
IN THE PRESENCE OF: �_'' e4Ct-A cv. r
(As to Principal)
(Title) for the President
Attested by
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Preferred National Insurance Co Donald A. Chinni
Attbr,ney In Fact For Surety
ttes ed6y
Century Financial Services
185 NW Spanish River Blvd Ste170
1 _Ba•ca—Raton.._F1 11411 anZ 362-0111
(Title)
NOTE: The respective corporate seals should be affixed:
Approved as to Form Approved as to Content
City Attorney Utilities Director
F-.�
950814 3 SURETY
Preferred National Insurance Company
Coral Spring%, Florida
. POWER OF ATTORNEY
ZUOW MIT Orn 09 lZbC '¢ APrIZ-9tUt$; That Preferred National Insurance Company, a corporation of the State of
Florida, by Stephen Weicholz, President, and Helene Weicholz, Secretary, in pursuance of authority granted by Article XI, Section 1 & 2 of the By -Laws
of said Company, which reads as follows:
ARTICLE XI, SECTION 1 — The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint
Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,
recognizances, contracts of indemnity and other writings obligatory in the nature thereof.
ARTICLE XI, SECTION 2 — The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or
Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and
such signature and seal when so used shall have the same force and effect as though manually fixed.
Does hereby nominate, constitute and appoint
Donald A. Chinni
its true and lawful attorney, for it and in its name, place, and stead to execute on behalf of the said Company as surety, all bonds, undertakings and
contracts of suretyship in the amount not to exceed: FIVE HUNDRED THOUSAND DOLLARS ($500,000.00)
Preferred National Insurance Company, as fully and amply, to all intents and purposes, as if they has been duly executed and acknowledged by the
regularly elected officers of the Company at its office in Coral Springs, Florida, in their own proper persons.
The said Secretary does hereby certify that the aforegoing is a true copy of Article XI, Section 1 & 2 of the By -Laws of said Company, and is now in
force.
IN WITNESS WHEREOF, the said President and Secretary have hereunto subscribed their names and affixed the Corporation Seal of the said
Preferred National Insurance Company, this 8th day of September.. 1989. ,
ATTEST: ,, `-.'w.,..;;.•
„ fir_ a �►�- Preferred NatichaTInsurance Company
Jy
WTAT'E'
SecretaryPresidenr
OF FLORIDA ) ss: C::51
CITY OF CORAL SPRINGS
On this 8th day of September. A.D., 1989, before the subs ntiei,,4' 04 tary' Public of the State of Florida, duly commissioned and qualified, came the
above named President and Secretary of Preferred National Insurance Company to me personally known to be the individuals and officers described in
and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly swom, severally and each
for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceeding instrument is the
Corporate Seal of said Company, and that the Corporate Seal and their signatures as such officers 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 Coral Springs, the day and year first above
written.
xw i r
Notary Public Commission Expires May 24, 1993
CERTIFICATE
I, the undersigned, Secretary of Preferred National Insurance Company, do hereby certify that the original Power of Attorney of which the foregoing is a
full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the President who executed the said Power
of Attorney was specially authorized by the Board of Directors to appoint any Attomey-in-Fact as provided in Article XI, Section 1 & 2 of the By -Laws of
the Preferred National Insurance Company.
This Certificate may be signed by facsimile under any by authority of the following resolution of the Board of Directors of Preferred National Insurance
Company at a meeting duly called and held on the 8th day of September, 1989
Resolved, 'That the facsimile or mechanically reproduced'signature of any Secretary of the Company, whether made heretofore or hereafter, wherever
4aearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and
ct as though manually affixed
IN TESTIMONY WHEREOF, 1 have hereunto subscribed my nama and affixed the Corpor a Seal of the said Company, this............
W' y of
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