HomeMy WebLinkAboutCity of Tamarac Resolution R-97-101Temp. Reso.#7816 March 26,1997 1
CITY OF TAMARAC
RESOLUTION NO. R-97- IN
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO RELEASE A PUBLIC
IMPROVEMENT WARRANTY BOND IN THE FORM OF A
SURETY BOND FROM AMERICAN INSURANCE COMPANY
#11127327648 IN THE AMOUNT OF $652.50 FOR THE
WATER DISTRIBUTION SYSTEM IMPROVEMENTS
INSTALLED BY DOOLEY AND MACK CONSTRUCTORS,
INC., FOR THE CITIBANK, F.S.B., PROJECT LOCATED ON
THE WEST SIDE OF UNIVERSITY DRIVE BETWEEN NW
57TH STREET AND NW 61 ST STREET, ADJACENT TO
MIDWAY PLAZA; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Dooley and Mack Constructors, Inc., have constructed the Citibank,
F.S.B., Project Water Distribution System Improvements in accordance with the Site Plan
approved by the City Commission on August 17, 1994; and
WHEREAS, the Water and Sewer Developer's Agreement accepted and
executed by the City of Tamarac on May 8, 1996, requires Dooley and Mack
Constructors, Inc., to provide a Warranty Bond to the City of Tamarac for the Citibank,
F.S.B., Project Water Distribution System Improvements located on the west side of
University Drive between NW 57th Street and NW 61st Street, adjacent to Midway
Plaza (attached hereto in map form as "Exhibit 1 "); and
Temp. Reso.#7816 March 26,1997 2
WHEREAS, the Improvements were inspected, approved and are recommended
for City ownership by the Utilities Engineering Division; and
WHEREAS, Dooley and Mack Constructors, Inc., has requested the release of a
Public Improvements Warranty Bond in the form of a Surety Bond from American
Insurance Company #11127327648 in the amount of $652.50 (attached hereto as
"Exhibit 2") for the Water Distribution System Improvements installed in the Citibank,
F.S.B., Project; and
WHEREAS, it is the recommendation of the Interim Director of Utilities that the
Public Improvement Warranty Bond be released for the Citibank, F.S.B., Project Water
Distribution 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 Warranty Bond in the form of a Surety Bond from American
Insurance Company #11127327648 in the amount of $652.50 from Dooley and Mack
Constructors, Inc., for the Citibank, F.S.B., Project Water Distribution System
Improvements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
1
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Temp. Reso.#7816 March 26,1997 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: That the appropriate City Officials are hereby authorized to
release the one-year Public Improvement Warranty Bond, for the Water Distribution
System Improvements in the amount of $652.50 for the Citibank, F.S.B., Project located
on the west side of University Drive between NW 57th Street and NW 61st Street,
adjacent to Midway Plaza in accordance with Section 10-156 of the City Code.
That the City Clerk is hereby authorized and directed to
release to the Utilities Department for return to Dooley and Mack Constructors, Inc., the
Warranty Bond for the Citibank, F.S.B., Project. The bond is in the form of a Surety
Bond from American Insurance Company #11127327648 , in the amount of $652.50 for
the Water Distribution System Improvements.
SEQIIQN a: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 5: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
i]
11
1
Temp. Reso.#7816 March 26,1997 4
invalid, in part or application, it shall not affect the validity of the remaining portions or
applications of this Resolution.
SECTION 6:
passage and adoption.
1997.
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this--/!tday of_ / 4L Y ,
/ JOE SCHREIBER
MAYOR
ATTEST:
CAROL A. EVANS, CMC
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION a
to fo
RECC
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COMMERCIAL
BLVD
CITIBANK.DWG
CITIBANK
PUBLIC IMPROVEMENT WARRANTY BOND RELEASE
EXHIBIT 2
Temp. Reso.#7816
•
ZPADIVISIM
11127327648
KNOW ALL MEN BY THESE PRESENTS: That
DOOLEY AND MACK CONSTRUCTORS, INC.
having an address of
Springs, FL 33065
3200 North University Dr., Ste 204, Coral
as Principals, and THE AMERICAN
INSURANCE COMPANY having an address of 777 San Marin Drive
Novato CA 94998
a corporation, existing under the laws of the State of Florida,
and having heretofore complied with all the requirements of the
laws of the State of Florida regulating the admission of such
corporation to transact business in this State,
as Surety, are
held and firmly bound unto
the
City of Tamarac of
Broward County,
a Municipal Corporation of
the
State of Florida,
having an
address of 7525 Northwest
88th
Avenue, Tamarac,
Florida, 33321 in
the full and just sum of
Six
Hundred Fifty -Two and
50/100
D011axs ($ 652.50
),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 heirs, executors, administrators, successors or
assigns respectively, as the case may be, jointly and severally,
firmly by these presents.
WHEREAS, in accordance with the terms of Section 24-5, as
amended by ordinance 76-21, paragraph (b) of the Tamarac City
Code, there is a requirement that a bond in the amount of 25
percent of the actual cost of the Subdivision Improvements be
950814 1 WSURETY
posted upon formal said acceptance of
P zd Subdivision Improvements by
the City Commission, and
WHEREAS, in compliance with said warranty bond requirements,
said Principal is required to furnish a good and sufficient bond
in a surety company licensed to do business in the State of
Florida conditioned upon the correction of all insufficiencies in
design, workmanship and/or materials which are found within one
year of the date of the formal acceptance of the Subdivision
Improvements by the City Commission of the City of Tamarac,
Florida.
NOW, THEREFORE, the condition of this obligation is such
that if the said Principal, its successors, legal representatives
or assigns shall have made all corrections and shall have paid
all claims for the cost of correcting all insufficiencies in
design, workmanship and/or materials discovered within one year
of the date of formal acceptance of the Subdivision Improvements
by the City Commission of the City of Tamarac, Florida, then this
obligation shall be void; else to continue in full force and
effect.
Prior to the end of the calendar year following said City
Commission's formal acceptance of the Subdivision Improvements
warranted by this bond, the Utilities Director's designee shall
inspect them for final release. if his investigation reveals and
insufficiencies, then he shall notify the Principal, in writing,
950814 2 WSURETY
•
•
•
that the work is unacceptable.
The Principal and the Surety, jointly and severally, agree
that said City of 'Tamarac shall have the right to correct
insufficiencies in design, workmanship and/or materials in the
event the Principal should fail, or refuse so to do within ninety
(90) days after said written notice by the Utilities Director,
and, pursuant to public advertisement and receipt and acceptance
of bids, cause said insufficiencies in design, workmanship and/or
materials to be corrected. In such case, the Principal and Surety
shall be jointly and severally liable hereunder to pay and
indemnify said City upon the correction of said insufficiencies
in design, workmanship and/or materials, 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.
Upon recommendation by the Utilities Director for final
acceptance and upon compliance by Principal -with applicable
conditions, as hereinabove stated, the Utilities Director will
then recommend to the City Commission the release of this reduced
bond, by resolution.
IF WITNESS WHEREOF, the above bounden parties have executed their
950814
3
WSURETY
•
instrument by affixing their corporate names and seals hereto and
causing their authorized representatives to sign these presents,
pursuant to the authority of their governing bodies on this 12th
day of September 19 96
SIGNED AND SEALED
IN THE PRESENCE OF:
�.- DOOL 2D MAC UCTORS, INC. go —
(As to Pr ncipal)
v(Title) fjor the President
,KEN'N,ET11 D. WITH, President
Att;este by t&C-A V L ij1rj Q,1<
(Title)
THE AMERICAN INSURANCE COMPANY
(Title) for Surety
Att by
ANTHONY T. PAPA, JR., Attorney--in-Fact
and Licensed Florida Agent
(Title)
NOTE: The respective corporate seals should be affixed:
Approved as to Form Approved as to Content
City Attorney
950814
Utilities Director
4 WSURETY
97-��►
GENIERAL
POWER OF
ATTORNEY THE AMERICAN INSURANCE COMPANY
KNOW ALL LIEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of
New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the County of Marin, State of
California, has made, constituted and appointed, and does by these presents make, constitute and appoint W. P . CANNON, ANTHONY T .
PAPA, JR., ELEANOR GARIEPY, jointly or severally
igAAAgfldTfil f'gLAttotmey(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal,
acknowledge and deliver any and all bonds, undertaking, recognizances or other written obligations in the nature thereof; for all obligees
including any and all consents required by the Department of Transportation, State of Florida, incident to the release of retained petrept�Ye�
and/or final estimates -- — — — ——-- -- �.--------------- ---
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the
Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises.
This power of attorney is granted efic�. pursuant to Article VII. Sections 43 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and
Article ries
U..Appoiattiteat and Authority of Rtsideat SecretL
V , .Attorneys -la -Fact and Agents to accept L W Process and.hfxhe Appearstaces.
Section 45. Appointment. The Chairman of the Board of DU -non, the President, any Vke-President or any other person authorized by the Board of
Directors, the Chairman of the Board of Directors, the President or any Vice -President may, from time to time, appoint Resident Assistant SecrctmAes and
Attorneys-(n-Fact to represent and act for and on bebalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the
Corporation.
Section 46. Aurborfty. The authority of such Resident Assistant Secretaries, Attorneyrtn-Fact and Agents shall be as prescribed in the lnstrnatent evidencing
their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to
make such appointment:'
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN
INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 19&4, and said Resolution has not been amended or repealed:
"RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this
Corporation may be affixed or printed on any power of artorncy, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile,
and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding
upon the Corporation"
IN WITNESS WHEREOF, THE A-VERICAN INSURANCE COMPANY has caused these presents to be signed by its VicrPresident, and its corporate seal to
be hereunto affixed this 12 t h day of January 96
019
f THE IC RAN COMPANY
By
Vvteo-Preodeat
STATE OF CALIFORNLk
COUNTY OF MARIN
Onthis 12th dayof January 96 M. A. Mallonee
19 before me personally came to me known, who, being by me duly sworn, did depose and say: that he is Vice -President of THE AMERICAN INSURANCE COMPANY, the Corporation
described in and which executed the above instrument; that he knows the seal of 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.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written.
r V A. KRIEGEIR
Cr]MM' n t 0-s5, 12
~ • ff r., ~,,r,..,r l.f.uc• .,ar7RntA I Naarrpu
�• 6v MAR;N CC,.:-,,
'c/•' �--.�^^':?-^�.-�.�•.,^-".'�-p..,� CER1IiICAT£
STATE OF CALIFORNIA
COUNTY OF MARIN
1, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEBRASKA Corporation, DO HEREBY CERTIFY that
the foregoing and attached POWER OF AT 0RNEY remains in full force and has not been revoked; and furthermore that Article VII, Soctions 45 and 46 of the
OBY -laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attotvey, are now in force.
gned and sealed at the County of Marin. Dated the 12 t h day of September . 19 96
360712-TA-2.94