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HomeMy WebLinkAboutCity of Tamarac Resolution R-74-0250.9:80T�CAVA E Ll CITY OF TAMARAC, FLORIDA RESOLUTION NO. —j WHEREAS, a plat has been submitted for approval by the City of Tamarac, and WHEREAS, the Zoning Commission of the City of Tamarac has reviewed said plat and has made recommendation for approval and adoption and execution of said plat by the City of Tamarac, and WHEREAS, The City Engineer and City Planner have reviewed said plat and have made recommendation for approval and acceptance of said plat by the City of Tamarac, and WHEREAS, the City of Tamarac is now desirous of approving said plat. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: That upon the recommendation of the Zoning Commission and the City Engineer and City Planner the plat submitted for approval, the same being: COMMERCIAL PLAZA be and the same is hereby approved. The City Clerk and Mayor are hereby authorized and in - strutted to execute said plat. j PASSED, ADOPTED AND APPROVE :� , 1974. ATTEST: CITY'Cf,ERK RECORD OF COUNCIL VOTE Mayor Seltman Vice Mayor Lange E Y RTIFY that I Councilman Johnson h ve app v d the form and Councilman Shultz A_d� .,r.e e of this Resolution Councilman Tucker CITY ATTORNEY ?,NNOW .ALL �vLN BY THESE PRESENTS: That COMMERCIAL PLAZA, INC., Address: c/o Daniel Retter, Suite 1005 "'ongress Building, Miami, Florida 33132, As Principals, and THE TRAVELERS INDEMNITY COMPANY, a corporation existing under the laws of the State of Connecticut and having heretofore complied with all of 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 political subdivision of the State of Florida, in the full and just sum of NINETEEN THOUSAND FOUR HUNDRED SIXTY-TWO and 50/100 ($19,462.50) DOLLARS, lawful money of the United States of America, for which sum well -.and truly to be paid to said City of Tamarac, the said.Princl&�t,`°and the said Surety do hereby bind themselves, their heirs, executors, ad- ministrators, successors or assigns respectively, as the case may be jointly and severally, firmly by these presents. SEALED with our Seals, signed and delivered this day of A4arr 1974. J WHEREAS, in accordance with the terms of Ordinance 71-23 of the City of Tamarac, dated September 8, 1971, the said Principal has applied to the said City of Tamarac for approval of a certain plat of a subdivision to be known as COMMERCIAL PLAZA, INC., showing certain areas to be dedicated as streets, canals and. other rights of way; and WHEREAS, the City Council of the City of Tamarac in compliance with the above stated request has .required said principal to furnish said bond in a Surety Company licensed to do business in the State of .Florida.. NOW, THEREFORE, the condition of this obligation is such that if the said. Principal, Its successors, legal repre- sentatives or assigns shall have constructed said positive drain- age system (a) on or before two years from this date, or (b) upon earlier demand by the City Council of the City of Tamarac demanding that said positive drainage system be erected at a sooner time due to the inadequacies and insufficiencies of the current percolation system but in either event no later than two years from this date, then in that event, if all of said con- struction and erection of said positive drainage system has been completed then this obligation shall be void, else to continue in full force and effect. Said bond to be released upon completion _ caf�aosatve. draizageytm withTr; aa' _yezbci from ths' date or sooner upon demand by City Council of Tamarac for earlier completion due to inadequacies of current percolation system. The Principal and the Surety jointly and severally agree that said City of Tamarac shall have the right to construct or, pursuant to public advertisement and receipt and acceptance of bids, cause to be constructed said improvements, in the event the principal should fail or refuse so to do. In such case, the Principal and Surety shall be jointly and severally liable here. under to pay to and indemnify said City upon the completion of said construction, the final total cost thereof, including but not limited to, engineering, legal and contingent costs together with any damage,.direct or consequential, which said City of Tamarac may sustain on account of the failure of the Principal to comply with all of the requirements hereof. But in no event to exceed the face amount of the bond herein, to -wit: $1.9,462.50. IN WITNESS WHEREOF the said Principal has caused these presents to be signed by its President and attested by its Secretary and its corporate seal to be hereto affixed, and the said Surety has caused the same to be executed in its name and its -2- w Corporate seal to be hereto affixed by its Attorney -in -Fact duly authorized thereunto so to do, all on the day and date first above written. SIGNED, SEALED AND DELIVERED this �� 5a day of Mar, h 1974. THE TRAVELERS INDEMNITY COMPANY SURETY ' BY: -3- The Travelers Indemnity Company Hartford, Connecticut POWER OF ATTORNEY SNOW ALL IMEN BY THESE PRESENTS: That THE TRAVELERS INDEMNITY COMPANY, a corporation of the State of Connecticut, does hereby make, constitute and appoint Donald L. Baker, Michael J. Dewberry, John L. Dimmig, Eval.yn Earp, John M. Garre 't", James J. McMahan, all of Miami, Florida, EACH its true and lawful Attorney (s) -in-Fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof, as follows: Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof and to bind THE TRAVELERS INDEMNITY COMPANY thereby, and all of the acts of said Attorney(s)- in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following by-laws of the Company which by-laws are now in full force and effect: ARTICLE IV, SECTION 13. The Chairman of the Board, the President, the Chairman of the Finance Committee, f any Execti iye Vic'e:PteSicient,.3ny Senior lice President; any Vice Presidc'iit; any %,on .Vice President, any Secretary or any Department Secretary may appoint attorneys -in -fact or agents with power and authority, as defined or limited in their respective powers of attorney, for and on behalf of the Company to execute and deliver, and affix the seal of the Company thereto, bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof and any of said officers may remove any such attorney -in -fact or agent and revoke the power and authority given to him. ARTICI.B IV, SrCTION 15. Any bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when signed by the Chairman of the Board, the President, the Chairman of the Finance Committee, any Executive Vice President, any Senior Vice President, any Vice President or any Second Vice President and duly attested and sealed, if a seal is required, by any Sec- retary or any Department Secretary or any Assistant Secretary or when signed by the Chairman of the Board, the President, the Chairman of the Finance Committee, any Executive Vice President, any Senior Vice President, any Vice President or any Second Vice President and countersigned and sealed, if a seal is required, by a duly authorized attorney -in -fact or agent; and any such bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when duly executed and sealed, if a seal is required, by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority granted by his or their power or powers of attorney. This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolu- tion adopted by the Directors of THE TRAVELERS INDEMNITY COMPANY at a meeting duly called and held on the 30th day of November, 1959: VOTED; That the signature of any officer authorized by the By -Laws and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature thereof; such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. This power of attorney revokes that dated May 11 1972 on behalf of Donald L. Baker, Michael J. Dewberry, John L. Dimmig, Evalyn Eaxp, John M. Garrett, James J. McMahan, James P. Reilly IN WITNESS WHEREOF, THE TRAVELERS INDEMNITY COMPANY has caused these presents.to_kte signed by_i;ts .proper officer_and its corporate seal._to be_hereunto a.ffixvd this .. ... 20tb -August..19 .73 _ day df .. THE TRAVELERS INDEMNITY COMPANY r� �, By y l SEAL Q *•``' Secretary, Surety State of Connecticut, County of Hartford—ss: On this 20th day of August in the year 1973 before me personally came E. A. Houser III to me known, who, being by me duly sworn, did depose and say: that he resides in the State of Connecticut; that he is Secretary. (Surety) of THE TRAVELERS INDEMNITY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said corpo- ration; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of his office under the by-laws of said corporation, and that he signed his name thereto by like authority. SOMF,P`'`ren NOTARY'. * PUBLIC +r c°HNecttc'a� S-1869 Pev.3-73 PRINTt0 !N u.s.e. My commission expires Notary Public April 1, 1974 (Over) CERTIFICATION I, D. J. Nash, Assistant Secretary (Surety) of THE TRAVELERS INDEMNITY COMPANY certify that the foregoing power of attorney, the above quoted Sections 13. and 15, of Article IV of the By -Laws -and the. Resolution of the Board of Directors of November 30, 1959 have not been abridged or revoked and are now in full force and effect. Signed and Sealed at .Hartford, Connecticut, this J 5 r day of *`) r 19 71 4rs�r_� :,,. Mires SEAL Assistant Secretary, Surety S-1869 (SACK) + . ,,,, ., r ..: ,, .••-� -.:,_ ,:_ ;ems.. . _... ,:� .: . , r. _ _ _. Y CERTIFICATION I, D. J. Nash, Assistant Secretary (Surety) of THE TRAVELERS INDEMNITY COMPANY certify that the foregoing power of attorney, the above quoted Sections 13. and 15. of Article IV of the By -Laws -and the. Resolution of the Board of Directors of November 30, 1959 have not been abridged or revoked and are now in full force and effect. Signed and Sealed at .Hartford, Connecticut, this / ST day of ,, jI 1971 4C; S E. L N I. Assistant Secretary, Surety r. , 4 S­1869 (BACK)