HomeMy WebLinkAboutCity of Tamarac Resolution R-99-348December 2,1999 — Temp. Reso. # 8850
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-99-:5YF
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO RELEASE
PERFORMANCE BOND (LETTER OF CREDIT # U2713349)
IN THE AMOUNT OF $27,894.50 POSTED FOR PUBLIC
IMPROVEMENTS AT HOMESTEAD VILLAGE LOCATED AT
3873 WEST COMMERCIAL BOULEVARD; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Atlantic Homestead Village , Inc. with United Pacific Insurance
Company as Surety, has filed with the City, Letter of Credit # U2713349 in the amount of
$27,894.50 to guarantee public improvements at Homestead Village located at 3873 West
Commercial Boulevard; and
WHEREAS, the facilities have been inspected and found acceptable by the Public
Works Engineering Division; and
WHEREAS, pursuant to City Code Section 10-156, this bond has remained in place
for the required period of time in lieu of a Warranty Bond; and
WHEREAS, it is the recommendation of the Public Works Director and the DRC
Engineer that the performance bond be released ; 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
performance bond, Letter of Credit # U2713349, in the amount of $27,894.50, posted for
improvements at Homestead Village located at 3873 West Commercial Boulevard.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA THAT:
.5p,ction 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.
U:\engineering\Resolutions\Homestead Village Bond Release-Resolution.doc
December 2,1999 — Temp. Reso. # 8850
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Section 2: The appropriate City Officials are hereby authorized to release the
performance bond (Letter of Credit # U2713349) in the amount of $27,894.50 posted for
public improvements at Homestead Village located at 3873 West Commercial Boulevard.(a
copy of the Subdivision Improvement Performance Bond is attached hereto as "Exhibit 1 ").
Section 3: That 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hereby repealed to the extent of such conflict.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.
K.d
PASSED, ADOPTED AND APPROVED this day of 1999.
(L-r
JOE SCHREIBER
MAYOR
ATTEST:
�f I
CAROL GOL MC/AAE
CITY CLERK
I HEREBY CERTIFY that I ha
anmved this RESOLUTIO as
ITTCHELL"S. KRA
CITY ATTORNEY
U:\engineering\Resolutions\Homestead Village Bond Release-Resolution.doc
r
is I FOR APPROVAL ONLY - PERFORMANCE BOND
ITEM TITLE: HOMESTEAD VILLAGE
To accepta Performance Bond in the amount of 27 894.50 for Public
Im rovem n Homestead Village. The site ig located one-half block E s of
State Road 7 on thg Northside of Commercial Bo levard.
The initiating Department Head is to mark an "X" between the parentheses "( )" below
for each department that must initial their approval in order for this bond to be accepted.
(2) City Attorney
( ) City Manager +
( ) Building Department
(3) City Clerk
() Community Development
O Finance
( ) Fire Department
( ) Personnel/Insurance
( ) Broward Sheriffs Office
(1) Public Works/ Engineering
( ) Purchasing
Initialing Department Head Signature
Date December 9 1996
This form is to be completed PRIOR to all backup forwarded to the City Clerk for
acceptance.
GES/vgh
File: perf.bond\homvil.bnd
12-05-96
Bond No. U 2713349
KNOW ALL MEN BY THESE PRESENTS: That
'Atlantic Homestead V.'
having an address of
az principals, "d United Pacific
Insurance Company -,having an address of 7711 Carondelet Avenue
Clayton, Missouri 6310
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 buaines3 in this State, as Surety, are
held and firmly bound unto the City of Tamarac of Bro.ward County,
a Mvnicipal Corporation of the State of.Florida, having an
address of 752$ Northwest.88th Avenue, Tamarac, Florida, 33321 in
the full and Just earn of
Twenty Seven Thousand ' & 50/100
-----------------------------------------------
Dollars (� 27,894.50---------),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 heixs, executors, administrators, successors or
ass_ a respectively, as the case maybe, 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
CRAVEN
(Exhibit "A" attached and on plans prepared by
and approved by the city Engineer
HaMESTEAD
or his designee on FEEI2U, 1996 19 for the
VILLAGE FroJect_and to
comply with requirements of Tamarac City code Section 10-156,
The City is author zed to draw drafts at sight accompanied
950814 1 SURETY
by a signed statement for the &ire °F Tamarac or its authorized
representative that:
1. The drawing is due to ATLANTIC HQ�S'IEAD VILLAGEINC.
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.
Thi9 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 10-1.56.
950814 2 SURETY
n
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,
p�xrsuant to the authority of their governing bodies, on this
26th
day of July r 19 96
SIGNED AND SEALED
7N THE PRESENCE Off':
Karen M. Parker
{ to Principal)
•
Michael D. Hoffma
Amy Miles
Atlantic omestead Village Inc.
LAC.• / `G�✓����""'�
--(Titlej for the President
Attr sted by "ia- A. Bain
(Title) .
U it d�� ,,P..•ac..if c Ins ance Companv
for/'Surety Laura J. G-s
U Attorney -•In —Fact
WitnQssed by: Theresa R. Wolf, Associate
(Title)
NOTE: The respoCtive corporate seals should be affixed:
Approved as to Form
city Attorney
•
Approved as to Content
City Engineer
3 SURET'
•
State of Missouri
City of St. Louis
County
NOTARY ACKNOWLEDGEMENT
FOR SURETY
On the 26th day of July 19 96 before
me personally appeared Laura J. G s
to me known, who being by me duly sworn, did depose and say the he/she is an
attorney in fact for United Pacific Insurance Company
and that he/she did execute the bond attached
hereto and that he/she acknowledged to me that he/she executed the same as and
for the act and deed of said firm.
•
Ci
BEVERLY E 13ROWNE
NOTARY PUBLIC STATE OF MISSOURI
ST LOUIS COUNTY
MY COMMISSION EXP MAY 21,1997
RELIANCE SURETY COMPANY
RELIANCE INSURANCE COMPANY
UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY
0 ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA
PONVER 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 Ralph W. Sloan, Renee A. Folkerts, Laura J. Gys., of St. Louis, Missouri their true and lawful Attorney(s)-in-Fact, to make,
execute, seal and deliver for and on their behalf, and as their act and dead any and all 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 Attorney(s)-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 Board, any Senior Vice President, any Vice President or Assistant Vice President or other officer designated by the Board of
Directors shall have power and authority to (a) appoint Attorneyls)-in-Fact and to authorize them to execute an behalf of the Company, bonds and undertakings, recognizanees, contracts of indemnity
and otter writings obligatory In the nature thereof, and (b) to remove any such Attomaylsl-in-Fact at any time and revoke the power and authority given to them.
2. Attorneyls)-in-Fact shell have power and authority, subject to the terms and limnationts of the Power of Attorney issued to them, to execute deliver an behalf of the Company, bonds
and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings,
recognizences, contracts of indemnity and other writings obligatory in the nature thereof.
3. Attorney lsl•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
undertakings and they shell also have power and authority to certify the hnsnclal statement of the Company and to copies of the By -Laws of the Company or any article of section thereof.
This Power of Attorney is signed and sealed by facsimile ureter and by authority of the following 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 Unanimous Consent dated as of February 28, 1994 and by the Executive and Financial
Committee of the Board of Directors of Reliance Surety Company by Unanimous Consent dated as of March 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 any certificates relating thereto by
facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such Paws, so
executed end certified by facsimile slgnsturea and facsimile seal shall be valid and binding upon the Company, in the future with respect to any bond or undertaking to which it is
attached.'
IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this July 2, 1996.
�y�110.E'/rCp .t i�tvee'r when c���� nY,C4
STATE OF Pennsylvania
COUNTY OF Philadelphia SS.
RELIANCE SURETY COMPANY
RELIANCE INSURANCE COMPANY
UNITED PACIFIC INSURANCE COMPANY
RELI E NATION L INDEMNITY COMPANY
7
On this, July 2, 1996, before me, Tammy Sue Kayati, 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 so, 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, 1 hereunto set my hand and official seal.
c�fj
NOTARIAL SEAL
TAMMY SUE KAYATI. Notary Public - r� 1 .. 1 I �.�,� t.0 L 1•_(.c ic1_,
Cr .2 � / - - -
City dPhiladelphia, Phila. County 7 f a� Notary Public in &n� for the State of Pennsylvania
CammistsiOn Ex irsg Ju 2p, 199$ �b t Residing at Philadelphia
I, Anita 2ippert, 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 this 26 ay of .7 V 19 96 .
r
• ,,�. reign
yea-`'Y
Q, Ft,J,�, i
¢itiNf' Yf� I +
ail+aa�
4{rL�a Secretary
4
+��.lV"rVpC l� t0p4 i. p
CL
t1 \.
0 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 and/or Reliance National
Indemnity Company - St. Louis, Missouri 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 Attorneys) -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(1)(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 document in his
name unless the person so authorized is directly employe and by
no other person, and is so employed in the office j� agent.
IN WITNESS WHEREOF, J. Mark Whitehead, Sr. has ca a these pr en a ig ed by
him this 8th day of June,1994.
J. ite a .
STATE OF FLORIDA ss: A a " icensed Resident Agent
COUNTY OF ORANGE
On this 8th day of June , 1990 b ore a personally came J. Mark Whitehead, Sr.
to me known and known to me to bete ind' idual described in and who executed the
foregoing agreement, and acknowledged t at a executed the same.
"PERSONALLY KNOWN"
�tpRY Plfl�S+
l REBECCA O GLADIN
7t My Commission CC400030
Expir— Oct. 22, 19W
OF FL
Rebecca O. Gladin, Notary Public
-
7 •�
CITY OF TAMARAC
CERTIFIED COST ESTIMATE
a�n
EL'age 1 of 9
PROJECT NAME_ Hon-estpad Vi11a e
DEVELOPER_ A{
TOTAL COST
Site Pre aralion Private Public
FEE AMOUNT
FEE Private
Pavin and Drainac a
7.15
publika.
Sewa a Collection 214 8 8 6
8.25
Water Distributi X
8•25
Sidewalks, Curb G Gutter 28,132.95 5.207.00
7.15
Street, Median cuts (* See below)
8.25 2,320,97
429.58
Landsca 3inq
Each*
As halt resurfacing
7.15
CIeannq and Grubbinq
2.00
TOTALS:
7.15
269,816.55 b) 27 894.50
:�
21 964.24 2,162,15
*
* FEES ARE NON-R HLE
TOTAL Fee- 24
LESS fees
12
*
CE MIFICATEz
id:
BALANCE due to C' _ _0_
24,126.39
•1 hereby certify that this estimate is true and correct to the best of
my knowledge and belief and represents the total site development costs
for
the project.
Feb. 13 1996 n
Irate �
Project Engineer R_
Public Improvement Pedo
P rm$rre Bond from b) above:
Cost ; 27,894.50 X 1000/0: 27,894.50
Approved by the City Engirleer.- t�' ( ;' -77
Date:' r
Remarks. -
Streets more than 2 years old, $50.00 x number of lanes
MedL'an cut with stacking lane, $250.00 x number of median cuts
Median cut w/o stack lane, w/curb cut, $200.00 x no of median cuts
Median cut w/o stack lane or curb cut, $50.00 x no of median cuts
Jack and Bore, 75% of above (Reno, 83-130)
is
AN 1160
LK/KJ/ES 030T