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HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-213Temp. Reso. #9044 June 1, 2000 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2000- 02,/3 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 #72 SUN 433101 FROM HARTFORD FIRE INSURANCE COMPANY IN THE AMOUNT OF $67,122.00 SUBJECT TO THE RECEIPT OF A ONE-YEAR WARRANTY BOND IN THE AMOUNT OF $16,780.50 FOR THE WATER DISTRIBUTION AND SEWAGE COLLECTION SYSTEM IMPROVEMENTS INSTALLED BY MERRILL GARDENS, L.L.C., FOR THE MERRILL GARDENS PROJECT LOCATED ON THE SOUTHEAST CORNER OF UNIVERSITY DRIVE AND NW 77" STREET; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Merrill Gardens, L.L.C., has constructed the Merrill Gardens Project and installed the Water Distribution and Sewage Collection System Improvements in accordance with the Site Plan approved by the City Commission on April 8, 1998; and WHEREAS, the Water and Sewer Developer's Agreement accepted and executed by the City of Tamarac on May 13, 1998, requires Merrill Gardens, L.L.C., to provide a one-year Warranty Bond to the City of Tamarac for the Merrill Gardens Project Water Distribution and Sewage Collection System Improvements located on the southeast corner of University Drive and NW 77`h Street (a copy of which is attached hereto in map form as "Exhibit 1"); and Temp. Reso. #9044 June 1, 2000 2 WHEREAS, Merrill Gardens L.L.C., has requested the release of a Public Improvement Performance Bond in the form of a Surety Bond #72 SUN 433101 from Hartford Fire Insurance Company in the amount of $67,122.00 (a copy of which is attached hereto as "Exhibit 2") subject to the receipt of a one-year Warranty Bond in the amount of $16,780.50 to the City of Tamarac for the Water Distribution and Sewage Collection System Improvements installed for the Merrill Gardens 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 Merrill Gardens 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 Bond from Merrill Gardens, L.L.C., for the Merrill Gardens Project Water Distribution and Sewage Collection System Improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: 1 1 11 Temp. Reso. #9044 June 1, 2000 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: The appropriate City Officials are hereby authorized to release a Public Improvement Performance Bond in the form of a Surety Bond #72 SUN 433101 from Hartford Fire Insurance Company in the amount of $67,122.00 subject to the receipt of a one-year Warranty Bond in the amount of $16,780.50 for the Water Distribution and Sewage Collection System Improvements installed by Merrill Gardens, L.L.C., for the Merrill Gardens Project located on the southeast corner of University Drive and NW 771h Street, in accordance with Section 10-156 of the City Code. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. 1 r-1 SECTION 5 passage and adoption. Temp. Reso. #9044 June 1, 2000 4 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED thisc�3 day of , ATTEST: MARION SWEN ON, CMC CITY CLERK I 7HE Y av d stm. RG/krs/mg MITCHqLL,$. KRAFT CITY ORNEY Jlaee��—- JOE SCHREIBER MAYOR RECORD OF COMMISSION MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. MISHKIN DIST 3. COMM. SULTANOR DIST 4: VIM ROBERTS 'ftMY. 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Z LO ❑ 4 a W r N W f) / Nc z F� H WC]❑DM❑NT W❑❑DM❑NT ALL SAINTS Ist UNION BANK ALBERTS❑N 0 o(L u Q w 0 // z m W" C❑MM❑NS PLAZA LUTHERAN NATIONS SHELL 0 V y 0 Jw > BANK W w W w w McNAB ROAD B NK TEXAC❑ TAMARAC W W W W w\ CONCORD VILLAGE PLAZA W W W w W y w W❑❑ w w W w W w W UNIVERSITY W w W W w W Al LA W w W w W W w W W W W W TS. w W w W W W w COMMONS SANDS POINT w w W CAN BELLE TERRE > w CIR w OF VERSAl W\ W W TAMARAC GARDCNS A MERRILL_GAR.DWC MERRILL GARDENS PERFORMANCE BOND RELEASE "Exhibit 2" S lMP O p Bend # 72 SLE 433101 Premium: $1,678.00 KNOW ALL MEN BY THESF pRESENTS: That Merrill Gardens, L.L-C-, having an address of 2716 Western Avenue, Seattle, Washington, 98121, as Principal, and Hartford Fire h=ance Company, a corporation existing under the laws of the State Of Connecticut, and having 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, arc held and firmly bound unto the City of Tamarac of Broward County, a Municipal Corporation of the State of Florida, having as address of 7525 Northwest 881 Avenue, Tamarac, Florida, 33321 iu the full and just sum of SIXTY SEVEN THOUSAND ONE HUNDRED TWENTY TWO Dollars (S 67,122.00), lawful money of the United States of .America, for which sum well and truly paid to the 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. WIMREAS, the said Principal is required to famish 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 Conklin, Porter, and Hohncs, and approved by the Director of Utilities or Ws designee on July 24, 199S, for the MERRILL GARDENS OF TAMAFiAC project and to comply with requirements of Tamarac City Code Section 10-156. This instrument shall be automatically renewed for successive periods of one (1) yw each, unless the City of Tamarac returns the original bond together with notification that it may be teznninated. 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 10-156. Atli WITNESS WHEREOF, the above parties have exocuted their xnstn=ent by affixing their corporate names and seals hereto and causing their authorized representatives to RECEIVED DATE : 10/14 13:59'98 FROM :206--789-1400 - r.. ` &/0%1998 03:41 206 '9-1400 PAGE 03 . •itl/ls/98 08:45 FA AG 676 59S3 •�!-� RD MERI2ILL c0. mQO9/010 sign tlt"e presents, pursuant to time authority of their governing bodies on this ? �rd_th clay of2bgr 1998. SIGNED AND SEALED IN THE PRESENCE OF: ?Wel NESS ro L. Carirosino "ef Financial Officer For: MERRILL GARDENS; L.L-C. PRINCIPAL Curt McFaul Attorney In -Fact For . Hertford Fire Insurance Company SURETY Cogned By. Resident / Agent, Mark H. Semel SS# 125-42-1596 101 Sou*all Lame Maitland, F`L. 32751 NOTE: The respective corporate seals should be mixed: Approved as to form: to w City Attorney Direr or of Utilities RECEIVED DATE : 10/14 13: 59' 98 FROM :206-789-1400 1 ' 1 STATE OF CALIFORNIA COUNTY OF Orange._ On 10/23/98 before me, Marc M. Hepa , personally appeared Curt McFaul , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and Official seal. Signature ..� CALIFORNIA NOTARY ACKNOWLEDGEMENTFORM Form S-4050-0 Printed in U.S.A. (Seal) MARC M. HENRY COMM. #1183761 NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My Comm. Exp. May 16, 2002 HARTFORD FIRE INSURANCE C(' '3ANY Hartford, Connecticut POWER OF ATTORNEY Know all men by these Presents, That the HARTFORD FIRE INSURANCE COMPANY, a corporation duly organized under the laws of the State of Connecticut, and having its principal office in the City of Hartford, County of Hartford. State of Connecticut, does hereby make, constitute and appoint FAUL E. BOUCHAJR-, R S. REHRER, M L_ JUL'and CURTMcFAUL of BREA, C4LIFORIVLA its true and lawful Attomey(s)-in-Fad, with full power and authority to each of said Attomey(s)-in-Fact, in their separate capacity if more than one is named above, to sign, execute and acknowledge any and all bonds and undertakings and other writings obligatory in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons holding places of public or private trust; guaranteeing the performance of contracts other than insurance policies; guaranteeing the performance of insurance contracts where surety bonds are accepted by states and municipalities, and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed, and to bind the HARTFORD FIRE INSURANCE COMPANY 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 HARTFORD FIRE INSURANCE COMPANY and sealed and attested by one other of such Officers, and hereby ratifies and confirms all that its said Attomey(s)•in-Fact may do in pursuance hereof. This power of attorney is granted by and under authority of the following provisions: (1) By -Laws adopted by the Stockholders of the HARTFORD FIRE INSURANCE COMPANY at a meeting duly called and held on the 9th day of March, 1971. ARTICLE IV SECTION 8. The President or any Vice -President, acting with any Secretary or Assistant Secretary, shat have power and authority to appoint, for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more Resident Vice Presidents, Resident Assistant Secretaries and Attorneys -in -Fact and at any time to remove any such Resident Vice -President, Resident Assistant Secretary, or Attomey-in•Fact, and revoke the power and authority given to him. SECTION 11. Attorneys -in -Fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company thereto any and aq bonds and undertakings, and other writings Obligatory in the nature thereof, and any such instrument executed by any such Attomey-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested by one other of such Officers. This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Directors of the HARTFORD FIRE INSURANCE COMPANY at a meeting duly called and held on the 12th day of February, 1993. Resolved, that the ragnatures of such Of ors and the seal of the Company may be affixed to any such power Of zwmft or b any certlRcate relating therm by facsimile, and any such power of stitiney or certificate bearing $Uch facsimile signatures or facsimile seal shall be valid and bir-ov upon ere Company and any such power so executed and oartieed by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future wren respect to any bond or undertaking to whirlr it is attached. In Witness Whereof, the HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed by its Vice. President, and its corporate seal to be hereto affixed, duly attested by its Secretary, this 1 st day of May, 1995. Attest: HARTFORD FIRE INSURANCE COMPANY ?Cris 4>"� Ricfterd R. hlernunsott +� /� SO Wary - '/7rtriu C/ 1 STATE OF CONNECTICUT I ss. Paul L. Marabella COUNTY OF HARTFORD Vice-Pmsidenf On this 1st day of May, A.D. 1995, before me personally came Paul L. Marabella, to me known, who being by me duly swom, did depose and say: that he resides in the County of Hartford. State of Connecticut; that he is the Vice -President of the HARTFORD FIRE INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order, r a. ref - `_ fv. STATE OF CONNECTICUT '`.COUNTY OF HARTFORDWO"'I'k fir Comrrrres�F�bftJrMe 90, 7aaa c�ffnFICATE I, the undersigned, Secretary of the HARTFORD FIRE INSURANCE COMPANY, a Connecticut Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore, that the Resolutions of the Board of Directors, set forth in the Power of Attorney, are now in force. Signed and sealed at the City of Hartford. Dated the 23rd day of October 11; 98 ZVI/ L w diober L. Post Form S-3507-9 (HF) Printed in U.S.A.