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HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-076March 7, 2000 — Temp. Reso. #8897 Page 1 of 3 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2000- f7L A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO RELEASE PERFORMANCE / WARRANTY BOND # U2781640, IN THE AMOUNT OF $20,691.78 POSTED FOR PAVING AND DRAINAGE 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, had filed with the City, a Performance, Bond # U2781640 in the amount of $20,691.78 to guarantee paving and drainage improvements at Homestead Village located at 3873 West Commercial Boulevard; and WHEREAS, the paving and drainage improvements have been inspected and found acceptable by the Public Works Engineering Division; and WHEREAS, pursuant to City Code Section 10-156, this Bond, has also 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 that this Bond, #U2781640 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 / Warranty Bond # U2781640, in the amount of $20,691.78, posted for paving and drainage improvements at Homestead Village located at 3873 West Commercial Boulevard. Wen ginee ring\Resolutions\8897RES-Homestead Village.doc March 7, 2000 -- Temp. Reso. #8897 1 Page 2 of 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: 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 the Performance / Warranty Bond # U2781640, in the amount of $20,691.78 posted for paving and drainage at Homestead Village located at 3873 West Commercial Boulevard, a copy of the Performance / Warranty Bond is attached hereto as "Exhibit 1 ". Section 3: That all Resolutions or parts of resolutions in conflict herewith are thereby repealed to the extent of such conflict.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. U:\engineering\Resolutions\8897RE5-Homestead Village.doc March 7, 2000 — Temp. Reso. #8897 1 1 Page 3 of 3 PASSED, ADOPTED AND APPROVED this 22 day of March ,2000. ATTEST: CAROL GOL MC/AAE CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as CITY ATTORNEY JOE SCHREIBER MAYOR RECORD OF COMMISSION MAYOR SCHREIBER DIST 1: COMM. PORTNER _ DIST 2: COMM. MISHKIN _ DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS C:\WINDOWS\TEMP\8897RES-Homestead Villagel.doc 'N'v. 3380". 2 11 KNOW ALL MEN BY THESE PRESENTS: ,Mr # S9'i % BOND NO. U2781640 That, pursuant to the requirement of Florida Statute 255.05, we, Homes cead Village Incur o ated asNricipal, hereinafter called CONTRACTOR, and United Pacific Insurance Company as Surety, are bound to the City of Tamarac, as Obligee, hereutafter called OWNER, In the amount of ewe paymentsand Six Hundred whereaf CONTRA Ninety -One & �/100 bind p�o1l �(esr2thei91. 7� for the CONTRACTOR and Sure �r heirs, executors, administrators, successors and assigns, jointly and severally, WHEREAS, CONTRACTOR has entAred into a Contract, Bid/Contract/Projact No.: 2003 awarded ft da aj 19 with OWNER for Roadwork_Improvements, Bus Bays, amarac 7155 _ Blv'a". which contract Is by reference made apart hereof, and is hereinafter referred to as the Contract; THE CONDITION OF THIS BOND is that it the CONTRACTOR: • I. Fully perfonns the Contract between the CONTRACTOR and the OWNER dated 4199forthe Roadwork Improvements, Bus Bays, 3873 W. Commerical Blvd., Tamarac, FL within - calendar days after the date of contract commencement as specified in the Notice to Proceed and in the manner prescribed in the Contract; and 2. Indemnifles and pays OWNER all losses, damages (specifically including, but not limited to, damages for delay and other consequential damages caused by or arising out of the acts, omissions or negligence of CONTRACTOR), expenses, costs and attomey's fees and costs, including attorney's fees incurred in appellate proceedings, that OWNER sustains because of default by CONTRACTOR under the Contract; and, 3. Upon notification by the OWNER, corrects any and all defective or faulty work or materials which appear within one (1 ) year after final acceptance of the work 4- Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this Bond is void, otherwise it remains in full force. 0 - Rape 1 of 4 Whenever CONTRACTOR shall be, and declared by OWNER to be, in default under the Contract, the OWNER having performed OWNER'S obligations thereunder, the Surety may promptly remedy the default, or shall promptiyr. 4.1 Complete the Contract in accordance with its terms and conditions; or 4.2 Obtain a bid or bids for completing the Contract in accardanca with its terms and conditions, and upon determination by Surety of the best, lowest, quallfled, responsible and responsive Bidder, or, if the OWNER elects, upon determinaUCn by the OWNER and Surety jointly of the bast, lowest, qualified, responsible and responsive Bidder, arrange for a contract between such Bidder and OWNER, and make avertable as work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term 'balance of the Contract price,' as used In this paragraph, shall mean the total amount payable by OWNER to CONTRACTOR under the Contact and any anwndments thereto, less the amount properly paid by OWNER to CONTRACTOR is No right of action shall accrue on this Bond to or for the use of any person or corporation other than the OWNER named herein and those persons or corporations provided for in Section 255.05, Florida Statues, or their heirs, executors, administrators or successors, Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Secdon 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes do not affact Surety's obligation under this Bond. Signed and sealed this 20th day of March 19 97 NTNES5ES: H mescead Village Incorporated Principal Secretary Sy; f f Sigma e) (AFFIX Ste) se h lRogers. Vice President (Type Name & Tate signed above) Page 2 of 4 v. 14. �0Q0 ?:1 /,M 770-669-167.' %1=0 1M Sandra L. Ham (AFF(X SEAL) IN THE PRESENCE QF: NO, 0666 ?. 4 ORB United Pacific Insurance Company Surely and TZe) Renee A. Folkerts Attorney -In -Fact Una Nano and i IM &rid above) fair- _ -� Agent and AttorneV4~ Address: (Gty/statalap Coda) Telephone No.! Gun of *gee Attached Jurat County of On this, the day of 192,E before me, the undaisigned Notary Pubic of the fatale of the for"aig katrument wea admowleted by at eorpwm o— af (name of corporation). a (Slats of eorporaldon) corporation, on behalf of the corporadon. WITNESS my hand and official seal COMERS IGNATURE Teresita A. Love Florida Licensed Resident Agent 546-43-4414 C7 Notary PutNic. SbW of Printed, Typed or stamped name of Notary Pubic wmcdy as comr Isdoned 0PWWrQ tly known to me. or oProduW ident rAndon: (Type of idenM adon produced) oDid Oka an cash. or ©Did not take an oath Page 3 of 4 `�. 14. 2100 2: ? 7?u 770-0�9-10 70 uv. Ca80 P. 1, cr, * MK 1 am ft 96cfMRey Of the CNpe*Wn Awned as P*dpel In to tprepaing Perform r" 8md; #W wha dWod the Band an b eh•ff of the Prins W, was than of grid aorpor+eiiorK lhsi I brow his/her alpnaaure; rfd hlNrereignepue Iftare0o a gantitte; arrd lhstseid Band �r�s duly sjgrtad. s+eaied and d b an bet"of avid o uWagon W suthodty of fIs AowrNn9 LJ Page 4 of 4 11 Mrmd of Go"Woon) 14. 2000 2: ? 7?-V 77670 IJ. NOTARY ACKNOWLEDGEMENT FOR SURETY State of Missouri Clty of St, Louis County On the loth day of March 19 97 before me personally aPpeared a A. FpIke is to me known, who being by me duly sworn, did depose and say the he/she is an attorney in fact for United P&cific Inuura&nec Comtianv 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. SANORA L HAM NOTARY PUBLIC STATE OF MISSOURI CITY OF ST, LOUIS MY COMMISSION EXP. JANUARY I3. 2001 It 0 v, 14, 2000 2:18?-V ! ; U-a0U-10 7U V0. O�8U '. 7 V OMPORTANT BOND/POLICY INFORMATION STATE OF MISSOURI f you have questions or need information regarding year Bend/polity. please contact your Raliahae, Urnitod acific or Plana agora. you are not able to caontacx or obtain informations from your Spot, contact ReGanoe, UAited Pacific or land Insurance Compw6m at the following addn= Reliance Insurance Company United Park Insurance Company Planet Insurance Company 4 Penn Center Plaza Philadelphia, PA 19103 Telephone: 215-864-4000 -W,N L.J NCE SURETY COMPANY RELIANCE INSURANCE COAIPANY D PACMC INSURANCE COMPANY RELIANCE NATIONAL MEIMITY COr[PANY ADMINISTRATIVE OFFICE. PHILADELPHIA. PENNSYLVANIA POWER OF ATTORNEY 11.L MEN 9Y 7HES1 PRESENTS, that RELIANCE SURETY COMPANY is a corporation duiy organized under the lows of the State of Dal - Ind that RELIAINCE. 14SUAANCE COMPANY end UNITED PACIFIC INSURANCE COMPANY, are oorporadons duly organized under t,,w iew-t ammonwealth of Panneyivenia and that RELIANCE NATIONAL INDEMNITY COMPANY is a corpoestlon duly organized under do laws+ of e of Wisconsin (herein collectively Galled 'the Companies') and that the Companies by virtue of signature and seals do hereby "take. :e and appoint Ralph W. Sloan. Renee A. Folkerta. Laura J. Gvs.. of St. Louii. Missouri their true and lawful Attornw(si- n-Fect. to make. seal and deliver for and on their behalf, and as their act and dead any and all bonds and undartakinga of auretyehip and to bind the as thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof ware y an Executive Officer of the Companies and tooled and attested by one other of such officers, and hereby ratiffas and confirms; so that ! Attorney(s)•ilt-Feet 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. :E INSURANCE COMPANY. UNITtO PACIFIC INSURANCE COMPANY. and RELIANCE NATIONAL INDEMNITY COMPANII which is are now in full force and effect, reading as follows; Af1TICtZ Vol - 61 9CUTION OP aDNbe A101O UNORATAR1Nda . Ton Coble r Drwstw/a. the On Cho-A-n M err Bowe. WW sewer %has P�wsjlry. W, 1hw, Pr.wwt or Awism 1Am ArANe r !ww rrhso, wwIMM see ar ewers at Wt Fool" se -or sy om)Isnly to 111 eosoov AaUnovieIR"on wa to tgYtwao Irttlw Is t towto MI FNre or we CotArt/. binds "MIMrUltr46 owrrissmof tworralLe t rot~ o44nory rt llts I1411/e e0o41, Wd let Is /eWIMM title MAe AtIM11syi0F Oat at " Who WW lovLLo tee egwr w'd a6w-se ► room to Man. 2. AlIMtlorltl lrt.fwet " hLvt ino"no erd a.whord►, "*Kew to the tarwe twee Irtvlamre of Ile Pswor M Ansonny gnu" Is )retry to uooma debvw on 1o" of Yr Gam no". bonds lama• feeowmN%/!. canttKN of Mdlnvol► Lee Inhee Mtn11/go 9/19e1407 N oho nottoo tletNl. 'the [Moot elo M" to not IMweer'► lot Woo veltolty M Mly rrdr No lotwetobAnow. =ewe. Callttacta of 11"emoMv am etfe/ "oko4e ob"olony .1 the na1w. ohoe"f. 2. Aatrher leMnfnl Uto11 hanutt Purr old ruUwmw' is aeetomt atlda%fu noolarad to be swticrre to tetra. Issor =4maA. 4anYesu of MO/nhw M GUM t:w wwooswr ■ rtl t1Wr whom Are n." flow« ono 140TttaNv M wMlul► tie (melee not""At of Ire colowatnr 11td to topes of err as.Lewd M we co.ttortl r awe rude or atratwn vionne. el Attbrrry in Ngtlsd and sow" b► lagewtls «tow one b1 ALPAWAw of vW follew.te molueeut ademoo av eM Raoorvs woo Nose Ko com" Her of Uto lords at D+eaarb ea Rosanne !ornosaty. Uroled Paclltc raLsereo Cer1leWtr one Aehp Newer Ind wrrl► Carlo" ev UneironN.a Canso% daed me of Forlorn 29, IM one b1 an Lraaard are Fettaet4 W ate eewe 10 p.eetrl et AsMWde swely c0000, v► 111 Urtrtrnna CowrwM doeof w W hAmeh 31. 19e4. R011411lod Chet rho aenoniir e A twlh AN-Voo ette oflnton and net fed so the 6e09Mlw ewer be allures to troy woo Psrrr er AtlMero r A o"'Icaree role oov Wrra br t rrlo em► P6h Patwr d Aarme► al drdKro boerwnt such IettWwdo r jet"W e r larAMAM seat shM IN vol d We broorte Leon " Comseaar now tow Walt ruarw /4 it ors ua•Sthod hor taeLymy etemslvn Ley feeoen.lo weak anon be .e1W Wool Do mu upon Ire Crneonv, m try het/e Dorn Invest Is we brio or urtlwlskow to "A"a 4 6 ESS WHEREOF. the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this July Z 1996. RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY ftie^ro. i rraa t�ar� UNITED PACIFIC fNSURJWCS COMPANY . 1 1'. .F *.ar. •. R E NATION L INDEMNITY COMPANY ,�� yi::L ►- 3icAL S +4 \t 'k45IsIPte /ITV � t Iwls °' s tr+ �� F A. q�1 • �F Pennsylvania ' OF Philadelphia ss. July 2, 1998, before me. Tarnmy Sue KAysti, personally appeared David T. Akers, who acknowfedgad himself to be the Serra► Vice tt or the Reliance Surety Company, and the Vice President of Reliance Insurance Company, United Pacific Insurance Company. and , National Indemnity Company and that as such, being authorized to do no, executed the foregoing instrument for the purpose therein d by signing the name of the corporation by himself as its duly authorized officer. so whereof, I hereunto sat my hand and official sad. 5U� NOTARIAL SEAL TAMMY SLE KAYATI, Notary Public R ' ram. .�J-' I u' �'� 1, ,� <(,(,;�- Cly Of PhMaslohis. Phila. C.purvy ; s NotaryPublic in - I t T inb for the State 01 Pen6VIVerlia My Catnn,ipeiOn Ex ireR 20. 193/ •� Raiding at Philadelphia Zlppert. Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY. and "11 NATIONAL INDEMNITY COMPANY do hereby oertlfy that the above and foregoing is a true and correct copy of the Power of Attorney d by said Cornpanies, which is stiD in full fares and effect. I.SS WHEREOF. I have hereunto act my hand and affixed the seals of said Companies this 2tJ y of rcn 1997 "`.��1 SeClatary w n. rLN 51, /r IF W 'yea r.+r �''