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:
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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 $16,780.50 for the
Water Distribution and Sewage Collection System Improvements installed by Merrill
Gardens, L.L.C., for the Merrill Gardens Project located on the southeast corner of
University Drive and NW 771h Street, in accordance with Section 10-156 of the City
Code.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining portions or
applications of this Resolution.
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SECTION 5
passage and adoption.
Temp. Reso. #9044
June 1, 2000 4
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED thisc�3 day of ,
ATTEST:
MARION SWEN ON, CMC
CITY CLERK
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MITCHqLL,$. 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
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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.