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Home My WebLink AboutCity of Tamarac Resolution R-99-323Temp. Reso. #8811, November 3, 1999 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-99-sL� A RESOLUTION OF THE CITY COMMISSION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO RELEASE A PUBLIC IMPROVEMENT PERFORMANCE BOND IN THE FORM OF A SURETY BOND #27-655 FROM OHIO CASUALTY INSURANCE COMPANY, IN THE AMOUNT OF $20,325.00 SUBJECT TO THE RECEIPT OF A ONE-YEAR WARRANTY BOND IN THE AMOUNT OF $4,781.25 FOR THE WATER DISTRIBUTION SYSTEM IMPROVEMENTS INSTALLED BY EVANGELICAL COVENANT CHURCH FOR THE EVANGELICAL COVENANT CHURCH PROJECT, LOCATED ON THE SOUTH SIDE OF NW 77" STREET BETWEEN NOB HILL ROAD AND NW 96" AVENUE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Evangelical Covenant Church has constructed the Evangelical Covenant Church Project and installed the Water Distribution System Improvements in accordance with the Site Plan approved by the City Commission on July 8, 1998; and WHEREAS, the Water and Sewer Developer's Agreement accepted and executed by the City of Tamarac on October 14, 1998, requires Evangelical Covenant Church to provide a one-year Warranty Bond to the City of Tamarac for the Evangelical Covenant Church Project Water Distribution System Improvements, located on the south side of NW 77th Street between Nob Hill Road and NW 961h Avenue (attached hereto in map form as "Exhibit 1 "); and Temp. Reso. #8811, November 3, 1999 2 WHEREAS, Evangelical Covenant Church has requested the release of a Public Improvement Performance Bond in the form of a Surety Bond #27-655 from Ohio Casualty Insurance Company, in the amount of $20,325.00 (attached hereto as "Exhibit 2") subject to the receipt of a one-year Warranty Bond in the amount of $4,781.25 to the City of Tamarac for the Water Distribution System Improvements installed for the Evangelical Covenant Church 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 Evangelical Covenant Church Project Water Distribution 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 Evangelical Covenant Church, for the Evangelical Covenant Church Project Water Distribution System Improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 1 1 1 Temp. Reso. #8811 November 3, 1999 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 accept the one-year Warranty Bond for the Water Distribution System Improvements in the amount of $4,781.25 for the Evangelical Covenant Church Project, located on the south side of NW 77th Street between Nab Hill Road and NW 961h Avenue in accordance with Section 10-156 of the City Code. SECTION 3: That the City Clerk is hereby authorized and directed to release to the Utilities Department for return to Evangelical Covenant Church, the Performance Bond, upon acceptance of the one-year Warranty Bond for the Evangelical Covenant Church Project. The bond is in the form of a Surety Bond #27- K 655 from Ohio Casualty Insurance Company, in the amount of $20,325.00 for the Water Distribution System Improvements. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 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. Temp. Reso. #8811 November 3, 1999 4 This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this -day of , 1999. ATTEST: Got4�� CAROL GdLD, CMC/AAE CITY CLERK I HER Y CERTIFY that I have aoved thi RESOLUTION as t form. p .7 MW/krs/mg 1 WCHELL-S. h CITY ATTOR JOE SCHREIBER MAYOR RECORD OF COMMISSIot MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: V/M MISHKIN DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS i EXHIBIT 1 I• I* 14D TEMP. RESO. # 8811 scIv ROCKFORD TR29 TR29 Y❑RKSHIRE u z U TR30 z q WELD❑N a 3 TR27 LAND SE 5 " q WQ wd a, sX Lj7- N ]L�0. KINGS PT. Q PROF. PLAZA 76 / ¢ cr / / ON >> -SITE /> 76 Sr sp LOCATION / Q uWEST LAKE VILLAS KINGS POINT 75 CT WESTW❑❑D SALES CENTER & PINES CLUB HOUSE // Oq /. SPRING LAKE rj �4 7S TR37 >5 74 CT S� > WESTW ❑ ❑ 31 ASHM❑NT CIR R LpGAR NORTH ° 95 W. g BELF❑RT ASHM❑NT 73 CT 3 gVCFCJR crR saUrH 73 ST m // HIDDEN HOLLOW TR42 = SECTI❑N 21 G TR40 �� 72 CT 1ti NOB HILL./ WESTW❑❑D PLAT TR41 > POINT PLAZA MP pR g 72 ST / 71 sr 71 ST r o 71 ST w �// 70 PL SECTION 22 S� /ji/j/ a > o r SECTION 21 jj 70 PL �a -7 ///j a ¢ Go// m 70 CT ESTW❑❑D 4 ar w 7 N w 7 ] ¢ g WE TW❑❑D 3 j/ Ln ¢ ch Ln 70 ST a 70 ST / j ST MCNAB ROAD -,� g J & J PLAT TAMARAC o ¢ ;; // ~ jj TAMA AC MARKET 6S PL TAMARAC / GAR ENS PLACE GAR ENS -\T E A T F VANCHUR.➢WG EVANGELICAL COVENANT CHURCH RELEASE OF PERFORMANCE BOND • • L25-98 TUE 10:36 AM P. 05 "Exhibit 2" D I CN TMFQE1M-ANcg BOND KNOW ALL MEN BY THESE PRESENTS: That Evangelical Covenant Church having an address of 9904 NW 77th Street, Tamarac, FL 33321 as Principals, and Ohio ,Casualty Insurance _Comiany T having an address of 136 No. Third Street, Hamilton, Ohio 45025 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 fitrnly bound unto the City of Tamarac of Broward County, a Municipal Corporation of the State of Florida, having an address of 7525 Northwest 88th Avenue, Tamarac, Florida, 33321 in the full and just sum of Twenty Thousand, Three Hundred and Twenty Five ----- Dollars ($ 20, 325.00 ), 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, finely 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 (Exhibit AAA attached) and on plans prepared by CCL Consultants, Inc. _and approved by the Director of Utilities or his designee on ?- , 19_$, for the Evangelical Covenant Church Project and to comply with requirements of Tamarac City Code Section 10-156. The City is authorized to draw drafts at sight accompanied by a signed statement for the City of Tamarac or its authorized representative that: 950814 Surety.wpd --25-98 TUE 10:36 AM P, 06 . 1. The drawing is due to 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 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. 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.wpd J -25-98 ?l1E 10:36 AM P. 07 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 lQth day of -September 1998 SIGNED AND SEALED IN THE PRESENCE OF: nn l�l (As to Principal) Evangelical Covenant Church the President by . (Title) Ohio Casualty Insurance Company I lunj NOTE: The respective corporate seals should be affixed: Approved as to form: Approved as to content: City Attorney 0 850814 3 Director of Utilities ct Surety.wpd --RTIFIED COPY OF POWER OF A ORNEY Z= OHIO CASUALTY INSLTRANCE COMPANY HOME OFFICE, HAMMTON. OHIO No. 27-655 •' inufn All Men bg'These 'lresents: That THE OHIO CASUALTY INSURANCE COMPANY, in pursuance of authority granted by Article VI, Section 7 of the By -Laws of said Company, does hereby nominate, constitute and appoint. C, Ronald F. Price - - - - - - - - - - - - - - - - - - - of Ft. Lauderdale, Florida its true and lawful agent and attorney -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 SfXMILLION — _ ($6,000,000.00 — —) Dollars, exc uding, 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 attorneys}in-fact. Rtill �� In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty s Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of the said The Ohio Casualty Insurance Company this 27th day of June 1991. SEAL is .............. C..�../.. isfanf Secretor STATE OF OHIO, SS. COUNTY OF BUTLER On this 27th day of June A. D. 1991 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came Lloyd E. Geary, 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. ,40�1NNI IN TESTIMONY WHEREOF, I have hereunto set m hand and affixed my Official a srj Seal at the City of Hamilton, State of Ohio, t and year first above written .. ....... Oh .. .. 'J Notary Pub ism nt of Butler,are o tio Ntih My Commission expires 0.t?CeMbE.r...25..,......1.9.9.1............ This 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 VI" "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 given 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 United States of America, or to any other political sub- division." This instrument is signed and sealed 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 power 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 valid 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-laws 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. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this loth day of SeplA.D., 19:98, . �f111.l�!lr� SEAL }s 5 S-4300-D 6-90 (Single Copy) Assistant Secretary