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HomeMy WebLinkAboutCity of Tamarac Resolution R-97-286Temp. Reso. #8059 Page 1 of 3 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-97- 9 Sr A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO RELEASE A WARRANTY BOND IN THE FORM OF A SURETY BOND, #11127327689, ISSUED BY AMERICAN INSURANCE COMPANY IN THE AMOUNT OF $2,295.00, POSTED BY DOOLEY & MACK CONSTRUCTORS FOR PUBLIC IMPROVEMENTS AT CITIBANK-TAMARAC BRANCH; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Dooley & Mack Constructors posted a Surety Bond #11127327689, issued by American Insurance Company in the amount of $2,295.00 to guarantee public improvements at Citibank -Tamarac Branch consisting of a revised entrance drive, drainage, and sidewalk within the University Drive right-of-way; and WHEREAS, The facilities have been inspected and found acceptable by the Public Works Engineering Division; and WHEREAS, It is the recommendation of the Director of Public Works that the Surety Bond be released, pursuant to City Code Section 10-156; 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 Surety Bond, #11127327689 issued by Temp. Reso. #8059 Page 2 of 3 American Insurance Company in the amount of $2,295.00, posted for Public Improvements at Citibank -Tamarac Branch, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That 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 Surety Bond, #11127327689, posted by Dooley & Mack Constructors, and issued by American Insurance Company in the amount of $2,295.00 for public improvements at Citibank -Tamarac Branch is HEREBY RELEASED. A copy of the Surety Bond is attached as "Exhibit 1 ". SECTION 3: That the appropriate City Officials are HEREBY AUTHORIZED to release the Surety Bond, #11127327689, issued by American Insurance Company in the amount of $2,295.00. SECTION 4: That all Resolution or parts of Resolutions in conflict herewith are HEREBY REPEALED to the extent of such conflict. SECTION 5: That if any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. Temp. Reso. #8059 Page 3 of 3 SECTION 6: That this Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 26 day of/ c+ 1997. ATTEST: Z CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I Approved this RESaUTION as to form. I CHELL S. KRAFT CITY ATTORNEY LQD/PW Commission Meeting 11/26/97 'J / JOE SCHREIBER MAYOR RECORD OF COMMISSION "MAYOR SCHREIBER DIST 1: COMM. McKAYE DIST 2: WM�MISHKIN DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS TEMP. RES0. No. D 9 -- 5825 N. University Drive Tamarac FL V p 11127327689 KNOW ALL MEN BY THESE PRESENTS: That DOOLEY AND MACK CONSTRUCTORS, INC. having an address of 3200 N. University Drive, Suite 204, Coral Springs, FL 33065 as Principals, and THE AMERICAN INSURANCE COMPANY having an address of 777 an Marin Driye Novato, CA 94998 a corporation, existing under the laws of the State of Florida, and having heretofore Complied with all the requirements of the laws of the State of Florida regulating the admission of such corporation.,to transact business in this State, as Surety, are held and firmly bound unto the City of Tamarac of Broward County, a Municipal, Corporation of the State of Florida, having an .address of 7525 Northwest 88th Avenue, Tamarac, Florida, 33321 in the full and just sum Of Two Thousand, Two Hundred Ninety -Five and no/100 Dollars ($ 2,295.00 ),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- r• • 1WRES0. No.90,,5-q posted upon formal acceptance of said 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 shad 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 City Engineer designee shall inspect them for final release. If his investigation reveals and insufficiencies, then he shall notify the Principal, in writing, '950814 2 WSURETY .i • that the work is unacceptable. Tive.MP.,RES0. No. The Principal and the Surety, jointly and severally, agree that said City of Tamarac shall have the right to correct .insufficiencies in deSiSnr 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 City Engineer 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, includ'ng 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 City Engineer for final acceptance and upon compliance by Principal with applicable conditions, as hereinabove stated, the City Engineer Will then recommend to the City Commission the release of this reduced bond, by resolution. IF WITNESS WHEREO F, the above bounden parties have executed their 950814 3 .. WSURETY r� u • r TEMP. RES4. No. 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 28. h day of October 19 96 SIGNED AND SEALED IN THE PRESENCE OF: A, (As to Principal) TRENA L. ROSE-MANDEVILLE .TRENA L. ROSE-MANDEVILLE Shirley, : Reinhardt' Sandra J. Stutzman INC. (Title) for the Pdent. /(METH D. SWTH„ Presidbnt Attes d by WENDY L. MACK SECRETARY/TREASURER (Title) THE AMERICAN INSURANCE COMPANY (Title) for Surety Z", . ,, . __ t_ tested byW. P. CANNON, Attorney -in -Fact and. Licensed F1.nride Anent (Title) . NOTE: The respective. corporate seals should be affixed: "Approved as to Form Approved as to Content City Attorney 950814 City Engineer 4 WSURETY .* GENERAL TEMP. RESO. No. ,_,_.10 J .,. POWER OF ATTORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN 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 he County of Marin, State of California, has made, constituted and appointed, and does by these presents make, constitute and appoint W , p 49. CANNON, ANTHONY T . PAPA, JR., ELEANOR GARIEPY, jointly or severally it"'t'a'�gdT?�wgCAttorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and ell 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�etr—e�� 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 drily attested by its Secretary, hereby ratifying and confuzning all that the said Attorney(s)-in-Fact may do in the premiw. This power of attorney is granted pursuant to A effect. rticle VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and "Articie VII. Appointment and Aut6orftr of Resideat Secretaries, Attorneys-fe-Fact and Agents to accept Lrps/ Proceci: and Mahe Appearances. Section 45. Appointment, The Chairman of the Board of Directors, the President, any Vice-president or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice-president catty; from time to time, appoint Resident Aasisunt Secretaries and Attorneys -in -Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 46. Authority, The authority of such Resident Assistant Secretaries, Attorneys -in -Fact and Agents shall be as prescribed in the Instrument evidencing their appointment. Any such appointment and all aotbority granted thereby may be revoked At any time by the Board of Directors or by any person empowered to stake 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, 1994, 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 attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, d any powef ney' 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 AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice -President, and its corporate seal to be hereunto affixed this 1 2 t h day of January 96 , 19 . THE IC I RAN COMPANY • Olt.. By Y Vtee-p'rerideat STATE OF CALIFORNIA COUNTY OF MARIN u• On this 12th day of January 96 M. A. Mallonee tome known, who, being by me duly sworn, did de 1s . before me personally came described in and which executed the above instrument that h knows the seal of said Co rat of THE AMERICAN INSURANCE COMPANY, the Corporation seal; that it was so affixed by order of the Board of Directors of said Co rporation; that the seal affixed to the said instrument is such corporate 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 Cost above written. r A. KRIEGER D " A0 M COM.M.111045112 LL �� ; N.�7:.^y ('tiaL�C•CAar')RN�A NouryPy j MAF,N COW:0 r•r. Cgrtyn. MxPA-- Mar. L)O. 1999 1 CERTIFICATE STATE OF CALIFORNIA l COUNTY OF MARIN ( �• I, the undersigned, Resident Assistant the foregoing and attached POWER OSemvtary of THE AMERICAN INSURANCE COMPANY. a NEBRASKA Co at F ATTORNEY remains in full force and has not been revoked; and furthermore that Article� Sections 45 and 46 of HEREBY CERTIFY tt e Y laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed and sealed at the County of Mann. Dated the 28 th day of October 19 96 11 C� C� TEMP. RESO. No. LD CERTIFIED ACTUAL COST PROJECT NAME: C I Y7 flrWK, i)te 94&W'c' l- DEVELOPER, 6/r73*VK T53 - TOTAL COST FEE A,NIOUNT Private Public °/, Fee Private Public Site Preparation 7�, 31l f. DO VCZ • 7,15 2z , f5 0 Paving and Drainage 79, T41, 00 7, 061.00 8.25 6, 5JT Z% 584.OL Sewer Collection 8.25 O Water Distribution 7.15 p Sidewalks, Curbs & Gutter 1 IVCU- --V 1W PIWIA14 8,25 0 p Street, Median cuts (*see below) /V�14 A1114 each* Q d Landscaping V1,J 7.15 O Asphalt resurfacing M/ ,# 2.00 0 O Clearing and Grubbing / NGCUOW 11V 51rz Pip 7.15 0 Q TOTALS: S�, 063.D0 a),D79.R7, IOz.ur 584.oZ TOTAL public improvements from the est. cost I b) 47, 190, 00 * TOTAL Fee: LESS fees paid: * BALANCE DUE: 7, 4962b 7-, 0 51, 38 6 34.9? CERTIFICATE: *FEES ARE NON-REFUNDABLE I hereby certify that this estimate is true and correct to the best of my knowledge and belief and represents the site development costs for the project. ,2.6e1 Date Project Engineer Reg. No. Public Improvemel t Warranty Bond the greater af" )" or "b)" above: Cost - 1,190,00 X 25% = Z, Z%5, D0 Approval by the City Engineer Date: Remarks: *Streets more than 2 years old, S 50,00 x numbers of lanes ( 1 = Median cut with stacking lane, S250.00 x number of median cuts ( ) Median cut w/o stack lane or w/curb cut, $200 x no of median cuts Median cut w/o stack lane or curb cut. $50.00 x no of median cuts ( ) Tortr —A Anr.a 75D/ n4•at�vP /pPcn R"t-1 iO1 /'��p/��// CITIBANK, N,A.-NATIONAL PAYABLES VENDOR No. CAP44486 ONE C /�mwoo LONG COISLANDOCITY, NYT111200R CUSTOMER SERVICE (605) 357-4500 PAY TO THE ORDER OF CITY of TAMARAC 6001 NOB HILL RD TAMARAC FL 33321 Thirty CITIBANK OELAWARE, A SUBSIDIARY OF CITICORP ONE PENN'S WAY, NEW CASTLE, DE IV20 62.20 No. 0010884527 311 07/08/96 NOT VALID AFTER ISO DAYS �41 AVTIID ES ONATURE No Text