HomeMy WebLinkAbout1999 03 08 Regular Item F
COMMISSION AGENDA
ITEM F
Consent
Informational
Public Hearin
Re ular X
March 8 . 1999
Meeting
MGR jV DEPT.
Authorization
REQUEST: Community Development Department requesting the Commission
to take Consent Agenda Item "C" from the table and consider acceptance of
Winding Hollow Unit 5 water, sewer, reclaimed water system, storm water
management and roads for public ownership.
PURPOSE: The purpose of this agenda item is needed to remove this item from
the table for action by the Commission.
CONSIDERATION:
In the February 22, 1999 meeting the Commission tabled this matter due
to subsurface street problems and related surface deterioration in Unit 2. The
performance and maintenance bonds for Unit 2 have expired.
The developer has agreed to provide a performance bond to insure to
repair of the road to the satisfaction of the City in the amount of $20,000.
Five homes are ready for Certification of Occupancy, awaiting closing with
purchasers.
FUNDING:
None required
Page 1
RECOMMENDATION:
It is recommended that the City Commission remove Consent Agenda "C"
from the table and accept the identified municipal facilities in Winding Hollow Unit
5, upon proof of a performance bond in the amount of $20,000 to repair streets
and maintenance bond in the amount of 1 0% of the actual cost of repairs in
Winding Hollow Unit 2.
A IT ACHMENTS:
1. February 22, 1999 Agenda Item "C"
2. City Engineer memo of February 25, 1999
COMMISSION ACTION:
Page 2
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
DATE: February 25, 1999
TO: City Manager, Ron McLemore
FROM: City Engineer, Mark Jenkins P.E. ~ &--
SUBJECT: Winding Hollow Units 2 and 3
As we know, the Commission was not pleased to learn of the roadway problem in Unit 2
returning and Maintenance Bond punch-list items still outstanding on Unit 3.
The developer's agent, Mark Evans, has offered another bond for the roadway
deterioration problem that has returned in Unit 2. My suggestion is this:
1. The developer provide the City with a Performance bond, at 100 percent of
estimated cost, for the deteriorated roadway at Winding Hollow Blvd. and Twelve
Oaks Blvd. This area had deteriorated before and the developer paid for the repair at
that time. Now the problem has returned.
2. After the roadway repair in Unit 2 is compete, the developer provide the City with a
new Maintenance Bond at the standard 10 percent of costs for a time interval of one
(1) or two (2) years for that section of roadway that was repaired.
I will be talking to the developer's agent, Mark Evans, today regarding what the City
needs to be content with that portion of roadway. The outstanding punch-list items, for
Unit 3, are presently being taken care of by the contractor, JN1HC. They will contact my
office when these items, in Unit 3, are ready for re-inspection and Zynka will re-inspect.
Please let me know your feelings as soon as you can on the above items # 1 and #2.
Would items #2 and #3 above please the City Commission? Would it please you?
Looking forward to your response.
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COMMISSION AGENDA
ITEM C
Consent xx
Information
Public Hearing
Regula r
February 22. 1999
Meeting
MGR. ~V/ ~
REQUEST: Community Development Department, Land Development Division, requesting
the Commission approve the acceptance of the water and sewer system, the
reclaimed water system, the stormwater management system and the roads for
public ownership and maintenance, Winding Hollow Unit 5.
PURPOSE: The purpose of this Agenda Item is to accept the water and sewer system, the
reclaimed water system, the stormwater management system and the roads for
public ownership and maintenance. These improvements are located in Unit 5 of
Winding Hollow subdivision (south of State Road 434 and midway between City
Hall and the State Road 419/State Road 434 intersection).
APPLICABLE CODE:
Code Section 9-76(b) Maintenance Bond. When requesting to record a plat, for
which the improvements have been installed, inspected and approved by the City
Engineer, and when the city is being asked to accept such improvements, the
subdivider will provide a maintenance bond payable to the City guaranteeing the
performance of required and installed improvements for two (2) years after the
date of completion and acceptance by the City, executed and enforceable in the
same manner as the corporate or surety completion bond. The bonds will be ten
(10) percent of the estimated construction cost of all improvements to be owned
and maintained by the City. As an alternative to the provision of a corporate or
surety bond, the subdivider may provide the deposit of equivalent cash in an .
escrow account with the City, or a letter of credit drawn on an approved
institution, drawn in a form approved by the City Attorney.
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February 22, 1999
CONSENT AGENDA ITEM C
Page 2
FINDINGS: 1) Winding Hollow Unit 5 was approved for recordation by the City
Commission at their meeting of October 26, 1998.
2) Unit 5 has been inspected by the City Engineer and the work was done
in general conformance to the approved engineering plans.
3) The "Trotwood Connector" has not been built at this time due to the
City appointed landscape architect not completing the task assigned. The
City has a Performance Letter of Credit in the amount of $76, 120.00 to
ensure completion of the "Connector". The developer has also agreed not
to sell lots 391 and 392 until after the "Connector" has been completed and
accepted by the City.
4) The City Engineer has determined that the construction cost for Unit 5
to be $872,445.95 (10% of this cost being $87,244.60).
5) The developer has submitted a maintenance bond in the amount of
$87,250.00 which exceeds the required ten percent (10%) required for a
maintenance bond.
RECOMMENDATION:
The recommendation is that the City Commission approve the acceptance
of the water and sewer system, the reclaimed water system, the stormwater
management system, the lighting and the roads located in Winding Hollow
Unit 5 for public own~rship and maintenance with the caveat that lots 391
and 392 cannot be sold until the "Trotwood Connector" has been
completed and accepted by the City.
A TTACHM.ENTS:
January 12, 1999
- City Engineer Letter to Michael Todd and Mark
Evans
January 14, 1999
- Mark Evans Letter to City Engineer
February 16, 1999
- City Engineer Letter to Michael Todd
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February 22, 1999
CONSENT AGENDA ITEM C
Page 3
February 16, 1999. - City Engineer Memo to Land Development
Coordinator
February 16, 1999
COMMISSION ACTION:
- Land Development Coordinator Memo to City
Attorney
- Proposed Maintenance Bond
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~ JAN-12-1999 11:34
P.01
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32706-2799
Telephone (407) 327-1800
January 12, 1999
Michael Todd, P.E.
Donald W. McIntosh Assoc., Inc.
2200 Park Avenue North
Winter Park
FL 32789
Mark Evans
Pizzuti Development Inc.
255 S. Orange Ave.
Suite 1350
Orlando, FL 32801
RE: Winding Hollow Unit 5 Acceptance Criteria
Dear Mike & Mark:
If you would like City acceptance of Unit 5, without having to construct a cul-de-sac or
hammer-head on Trotwood Boulevard south of Lot 392, this is what you must do:
. See attached drawing which shows a barricade on Trotwood Blvd. at the lot-line of lots 390
and 391. The barricade will need to extend completely across the road at that location.
+ Pizzuti will hold the sale and development of lots 391 and 392 until the Trotwood connection
is built and accepted by the City.
. Please provide a letter of agreement (from Mark Evans) to these conditions as soon as you can.
A.1elephone conversation with Mark Evans this morning confinns that he will agree to the
preceding requirements. Mark Evans will generate a letter of confirmation to me in a few days. If
you have any questions, please give me a call at 327-1800 extension 315. .Fax messages can be
sent to 327-7180.
A~Q~ cJl{/~ '-
Mark L. Jenkins, P.E.
City Engineer
Anachment: drawing showing barricade and Jots 391 & 392.
Cc: Community Dew/lopment Director
Land Development Coordinator
Utility & Public Works DirecLOr
Mark Evans, Fax # 841-0900
lv1ike-Todd, Fa-c 11 644-8318
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PIZZUTI
January 14, 1999
Mr. Mark L. Jenkins, P.E.
City Engineer
City of Winter Springs
11 26 East State Road 434
Winter Springs, Florida 32708-2799
Re: Winding Hollow Unit 5 Acceptance Criteria
Dear Mr. Jenkins:
This letter will confirm our conversation regarding the Unit 5 Acceptance Criteria for
Winding Hollow.
We agree to install the barricade referenced in your January 12, 1999 letter (see
attached exhibit) and also to hold the sale of lots 391 and 392 until after the
connector is constructed and accepted by the City of Winter Springs.
Please don't hesitate to contact me should you need any additional information.
Thank you for your assistance in this matter. We look forward to working with you in
the future.
Sincerely,
THE PIZZUTI COMPANIES
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Mark K. Evans
Regional Director of Land Development
MKElig
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CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
February 16, 1999
Michael Todd, P.E.
Donald McIntosh Assoc., Inc.
2200 Park Avenue North
Winter Park, FL 32789
RE: Windin2: Hollow Unit 5 - "As-Built" Inspection
Dear Mr. Todd,
An "as-built" re-inspection of the subject project was performed February 12,
1999 and found the site to have been constructed in general conformance to the approved
engineering plans. All previous deficiency items have been corrected.
.
It is therefore recommended that the "as-built"engineering plans be forwarded to
the City Commission for final acceptance.
If you have any questions, please give me call at 407-327-1800 ext.315.
Sincerely,
/ffe~
Mark L. Jenkins, P.E.
City Engineer
cc: Community Development Director
vLand Development Coordinator
Mark Evans, Pizzuti Development, Fax#84 I -0900
nvnlC,Fax#8657616
Mike Todd, P.E., Fax#6448318
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CITY OF WI NTER SPRI NGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
February 16, 1999
TO:
Land Management Coordinator
Donald LeBlanc ./
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FROM:
City Enginee~ ~;I
MarkL. Jenkins, P.E. ~.
SUBJECT:
Windin2 Hollow Unit 5 - Construction Costs for Maintenance Bond.
I am in receipt of the engineer's opinion of construction costs for sanitary, water,
reuse, storm lines and paving for the subject project. His letters dated January 7 , 1999
and February 7, 1999.
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His estimate of costs for the mentioned items totals to $872,445.95. Ten (10%)
percent ofthis cost is $87,244.60. I recommend this amount be used for the 2-year
maintenance bond.
If you have any questions, please let me know.
cc: Community Development Director
Public Works/ Utility Director
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February 16, 1999
Bob Guthrie, City Attorney r6iY
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From: Don LeBlanc, Land Development Coordinator
To:
Re: Proposed Maintenance Bond
Winding Hollow Unit 5
Attached for your legal review is the proposed maintenance bond for the acceptance of
improvements within Winding Hollow Unit 5.
The City Engineer recommended that the maintenance bond be issued in the amount of
$87,244.60. The bond has been issued in the amount of$87,250.00.
On this date I talked to Mark of the Florida Department of Insurance and he stated that Union
Pacific Insurance Company has been licensed to conduct business within the State since 1964
and meets all regulatory requirements of the State.
This bond appears to meet all applicable requirements of the City.
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MAINTENANCE BOND
Bond No. U2780365
U"N"ITED l?..A.CIFIC IN"SU"R.A..N"CE COJY.1:F.A..N"'Y'"
HEAD OFFICE, PHILADELPHIA. PENNSYLVANIA
.
KNOW All MEN BY THESE PRESENTS, that we Pizzuti Equities, Inc.
as Principal, and UNITED PACIFIC INSURANCE COMPANY. A Pennsylvania corporation, as Surety,
are held firmly bound unto
Ci ty of lolinter Springs, Florida
as Obligee, in the full and just sum of Eighty-Seven Thousand, 1\10 Hundred Fifty & No/IOO-----
OollarsC$_8,7,250.00 ),
for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the said Principal entered into a contract with City of Hinter Springs, Florida
dated
for
Winding HolloW" Unit 5
.
WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee
for the period of Two (2) year(s) after approval of the final estimate on said job, by the owner,
against all defects in workmanship and materials which may become apparent during said period, and
WHEREAS, the said contract has been completed, and was approved or:
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within 1\-10 (2)
yearCs) from the date of approval of the said contract, the work done under the terms of said contract shall
disclose poor workmanship in the execution of said work, and the carrying out of the terms of said
contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall
remain in full force and virtue, otherwise this instrument shall be void.
PROVIOED HOWEVER, this Maintenance Bond is only furnished In accordance with the
maintenance provision of the underlying contract.
Signed and sealed this
22nd
day of January
, 19 99 .
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By:
--"P;incipal
Witness:
Lfl~ Cn(, ~J-~~~
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Attorney-in-Fact
OOU-2306 EO, 7/93
"'".,....'.." ..... .'. .....~ .,."........ ","'>c, .r'....'.......,.... -Y"-""\-o""-'-'''-'r,l'iI-T~""B-''''r:-'---~-".,'','-'..'-. '7r:'"r--~-r."-""--'-"-\'-"-'.-"l-""~ fl'l ~. R"="w.,~",-=-""",.,....,...." o-...,,~.;
f~:;~tt;iREHANC'E~SUR.ETYjC'0MPA'NY:'--1.1lI~.u~ · .'. !f,',1 '" \ ~i' .i;.'t:;.L;.~~'::.~i.!!)':'~. REI;rWNe'EJiiN~NCE!r,.cb'MP~~~
UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL lNDEMNITY COMPANY
ADMINISTRA TlVE OFFICE. PHILADELPHIA, PENNSYLVANIA
POWER OF A TIORNEY
i.NOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Del-
i ware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws
i of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of
I the State of Wisconsin (herein collectively called "the Companies") and that the Companies by virtue of signature and seals do hereby make
constitute and appoint Edwin l. Overmyer. JOleph M. s.rw.ngtr, DI.n. I. D.mmeytr, M.c B. Le.vItt, lIIuI. Hell, Rlch...d H. Moore, GrctgOrv R:
Overmyer., of Columbul. Ohio their true and lawful Attorney(sHn-Fact. to make, execute, seal and deliver for and on their behalf, and as their act
i and deed any and all bondl and undertaklngl of luretylhlp and to bind the Companies thereby as fully and to the same extent as if such bonds
I and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and
I attested by one other of such officers. and hereby ratifies and confirms all that their said Attorney(s)-in-Fact may do in pursuance hereof. ..
I
I This Power of Attorney is granted under and by the authority of Article VII of the By-Lsws of RELIANCE SURETY COMPANY,
RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which
provisions are now in full force and effect, reading as follows:
ARTICLE VII . EXECUTION OF BONOS AND UNDERTAKINGS
1. The Board of Directora. the Prea;dern. the Chairman of the Board. any 5<tnior Vice President. any V1ce President or Aaaiatant Vice President or other officer designated by the Board of
Directors shall have power and authority to III appoint Anorneyll)~n-FICt Ind to authorlz. them to execute on _ of the Cornpeny. bonds and und<<talUnQa. recognizancu. contracts of indemnity
and other writings obligatory in the nature thereof, and (bl to remove any such Anornev(sHn-fect at InV time and rev""e the power and authority given to them.
2. Anorney(s!-in-Fect shall have power Ind authoritY, subject to the terms and limitations of the Power of Anorney ~ to them. 10 execute deliver on behalf of the Company. bonda
and undertakinga, recognizances, contracts of indemnity and other writinga obligatory in the nature thereof. The corporate _ ia not ~ for the validity of any bonds and undertaltinga, ' .
recognizanc.... contracts of indemnity and othet writlnga obligatory in the nature thereof. ' . , ,:''!. ",:
3. AnornevI8l~n-f1Ct shall have power Ind authority to execute affidavitJ required to be attached to _, recognizances. contracta of indemnity or other conditional or obligatory
undertakinga and they sh4lI also have power and authority to certify the financial statement of the Company and to c:opiea of the Bv-lawa of the Company or any article or MCtion theteof.
Thil Power of Anorney ia signed and ..aled by facsimile under and bv authority of the following reaolutlon adopted by the EJcecutiw end Finenoa Committ_ of the Boarda of Directora of R8liance
Insurance Company, United Pacific Insurlnce Company and Reliance Nation. Indemnity Company bV Unanimous Coment dated II of February 2S. 1994 Ind by the Executive and Financial
Comminee of the Board of Directors of Reliance Surety Complnv bV UnanimouI Consont dated IS of March 31,1994,
"Resolved that the signatures of such directors and oHice.. and the seal of the Company mav be affixed 10 any such POWItt of Anorney or anV certificates relating thereto bV
facsimile.and anv such Power of Anornev or certificate bearing such facsimile signatures or facsimile Mal .".11 be valid and binding upon lhe Company and any such Power so
executed and certified bV faaimile lignatures and 'aaimile seal shall be valid and binding upon the Company. in the future with respect to any bond or undertaking to which it i.
anached. .
IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this February 1.. '"
1998. . , . "
RELIANCE SURETY COMPANY
RELIANCE INSURANCE COMPANY
UNITED PACIFIC INSURANCE COMPANY
RELIANCE NATIONAL INDEMNITY COMPANY.
/j()~ ?~
On this, February 1, 1998. before me. Valencia Wortham, personally appeared David T. Akers, who acknowledged himself to be the Senior Vice '
President of the Reliance Surety Company, and the Vice President of Reliance Insurance Company, United Pacific Insurance Company, and
Reliance National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein'
contained by signing the name of the corporation by himself as its duly authorized Dffice~.
In witness whereof, I hereunto set my hand and official seal.
Notarial Seal
Valencia Wortham, Notary Public
Philadelphia. Philadelphia County
My Commission Expires Nov. 18, 2000
I, Anita Z/ppert, Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and
RELIANCE NATIONAL INDEMNITY COMPANY do hereby cBrtify that the above and foregoing is a true and corrBct copy of the Power of Attorney
executed by said Companies, which is still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the sBals of said Companies this 22nday of January 19.2SL.
. st~~
STA TE OF Pennsylvania
COUNTY OF Philadelphia
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'~I(1W ~MCL:~
Notary Public in and for the State of Pennsylvania
Residing at Philadelphia
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UNITED PACIFIC INSURANCE COMPANY
PHILADELPHIA, PENNSYLVANIA
.
FINANCIAL STATEMENT DECEMBER 31,1997
ASSETS
Cash and Short Term Investments..... .......................... .... ............................................................ $
Securities (Long Term)......................................................................................... .........................
Premium Balances.............................................................................................. .........................
Accrued I nterest and Dividends.......................... ................................. ........ ................................
Federal I ncome Taxes.................................. ............................. ........ ...... ......... ............................
Other Assets................................................. ............................................. .............. .....................
Total Admitted Assets.................................... ..................... ........................ .......................... $
LIABILITIES
Losses and Loss Adjustment Expense .......... .......................... ........ ..... ............ ........... ...... .......... $
Unearned Premiums..................................................................... .................... ............................
Other Taxes..................................................................................................................................
Other Liabilities.................................................................................................. ...........................
Total Liabilities.............................................................................. ........................................ $
CAPITAL AND SURPLUS
Capital Stock ..... ... ........ ...... ....... ... ....... ................ ....... ..... ........ ...... .... ... ............. ....... ...... ...... ........ $
Surpl us ................................................................................................................................. ........
Total Policyholders' Surplus. ...... .......... ...................... .... ... ...... .............. .... .......... ..... .... ........
.
358,484
79,856,338
54.621,557
748,876
o
4.459,330
140,044,585
27.712,297
9,562,513
2,972,781
41,156,505
81.404,096
3,000,000
55,640,489
58,640,489
Total Liabilities, Capital and Surplus .................................................................................... $ 140,044,585
State of Washington )
County of King ) SS.
Larry C. Mitchell, being duly sworn, says: That he is Vice President of the UNITED PACIFIC
INSURANCE COMPANY; that said company is a corporation duly organized, existing, and engaged in
business as a surety by virtue of the laws of the Commonwealth of Pennsylvania, and has duly complied
with all the requirements of the laws of said state applicable to said company and is duly qualified to act as
surety under such laws; that said company has also complied with and is duly qualified to act as surety
under the Act of Congress of September 13, 1982, as amended (31 U.S.C. 99301 et seq.); that the
foregoing is a full, true and correct statement of the financial condition of said company on the 31 st day of
December 1997.
Sworn to me this 20th day of March, 1998.
~ g. &~12
~e~
Vice President
Janis J. Crossland. Notary Public. State of Washington.
County of King. My Commission Expires February 5. 2000.
....
~
sou -1<121 3/98