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HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-027Temp. Reso. #10020 January 7, 2003 1 Revision #1, January 30, 2003 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003- 6_7 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 SURETY BOND #6096043 FROM SAFECO INSURANCE COMPANY OF AMERICA IN THE AMOUNT OF $14,858.05 FOR THE WATER DISTRIBUTION SYSTEM IMPROVEMENTS INSTALLED BY TRAMMELL CROW SOUTH FLORIDA DEVELOPMENT, INC., FOR THE ZEPHYRHILLS DISTRIBUTION FACILITY PROJECT LOCATED AT 10599 NW 67T" STREET; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Trammell Crow South Florida Development, Inc., has constructed the Zephyrhills Distribution Facility Project and installed the Water Distribution System Improvements in accordance with the Site Plan approved by the City Commission on February 23, 2000; and WHEREAS, the Water and Sewer Developer's Agreement accepted and executed by the City of Tamarac on January 12, 2000, requires Trammell Crow South Florida Development, Inc., to provide a one-year Warranty Bond to the City of Tamarac for the Zephyrhills Distribution Facility Project Water Distribution System Improvements located at 10599 NW 671" Street (a copy of which is attached hereto in map form as "Exhibit 1 "); and El Temp. Reso. #10020 January 7, 2003 2 Rdvision #1, January 30, 2003 WHEREAS, Trammell Crow South Florida Development, Inc., has requested the release of a Public Improvement Warranty Bond in the form of Surety Bond #6096043 from Safeco Insurance Company of America in the amount of $14,858.05 (a copy of which is attached hereto as "Exhibit 2") for the Water Distribution System Improvements installed for the Zephyrhills Distribution Facility Project; and WHEREAS, the improvements were inspected, approved and are recommended for acceptance for City ownership by the Utilities Engineering Division; and WHEREAS, it is the recommendation of the Director of Utilities that the Public Improvement Warranty Bond be released for the Zephyrhills Distribution Facility 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 Surety Bond #6096043 from Safeco Insurance Company of America in the amount of $14,858.05 for the Zephyrhills Distribution Facility Project Water Distribution System Improvements. 1 1 1 Temp. Reso. #10020 January 7, 2003 3 Revision #1, January 30, 2003 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 one-year Public Improvement Warranty Bond for the Water Distribution System Improvements in the form of Surety Bond #6096043 from Safeco Insurance Company of America in the amount of $14,858.05 for the Water Distribution System Improvements installed by Trammell Crow South Florida Development, Inc., for the Zephyrhills Distribution Facility Project located at 10599 NW 67�h 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. SECTION 5: passage and adoption. Temp. Reso. #10020 January 7, 2003 4 Revision #1, January 30, 2003 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this 12t" day of February, 2003. ATTEST: MARION S ENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to fQ6 TCHELL S. c CITY ATTORN JED/DM/db JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: V/M. PORTNER DIST 2: COMM. MISHKIN DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS � o, 1 1-1 EXHIBIT I CEMP. RESO. # 10020 3 W LN. 1% P� 71 PL G� > rn TRll G� BAILEY J 1 L W x w PERIW NKEL LN. �vr �1 gl 71 EA H CAPTIVA BISCUS I /%i%i �� S 3 PALM RIDGE LN, a a c / �74. 76 y EWEL BOX LN, o L WING DR. 1n C. ST TEE MCNAB ROAD PLAT J & J PLAT TAMARAC y a MARKET M ...................... PLACE r r y a CL W z v, W W LJ Itd ly Li N d U SITE-')�M LOCATION SUNBELT PRECISI❑N ZCl CULLIGAN WATER COMPANY LAND SEC, 7 7 WESTPOINT p 0. a it L❑VESHAW I,T,W, MIMA ' 67 ST W MEDIA❑NE y ARCH W ALUMINUM Q W W J W J W 2 W © Q W Z O vW 1 /f PUBLIC SERVICES COMPLEX PROPOSED STATE STREET ZEPHYRHILLS,DWG ZEPHYRHILLS DISTRIBUTION FACILITY WARRANTY BOND RELEASE Exhibit "2" .r Bond #6096043 SUBDIVISION IMPROVEMENT WARRANTY BOND Project Name: Ze h chills Distribution Facil' KNOW ALL MEN BY THESE PRESENTS: That Y*awl�jLgr°'! So"f Florida DoWORWIt Inc. having an address of 1801 N. Military Trail Suite 150 Boca Raton, FL Safeco Insurance compa having an address of 33431 as Principals, and_ of America 1600 N. Collins Blvd., #3000, Richardson, TX a corporation, existing 75080 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 88t' Avenue, Tamarac, Florida, 33321 in the full. and just sum of Fourteen Thousand eight hundred and fi -ei ht dollars and five cents ($ 14,858.05), 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 10-156, as amended by Ordinance 93-23, paragraph (b) of the Tamarac City Code, there is a requirement that a bond in the amount of 25 percent (25%) of the actual cost of the Subdivision Improvements be 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 the 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 Director of Utilities or his designee shall inspect them for final release. If his investigation reveals any insufficiencies, then he shall notify the Principal, in writing, 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 Director of Utilities, and, pursuant to public advertisement ,and receipt and acceptance of bids, cause and 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 Director of Utilities for final acceptance and upon compliance by Principal with applicable conditions, as hereinabove stated, the Director. of Utilities will then recommend to the City Commission the release of this reduced bond, by resolution. IN WITNESS WHEREOF, the above bounden parties have executed their 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 28thday of June 2001. SIGNED AND SEALED IN THE PRESENCE OF: (As to Principal) 4ft&est�edgbyyL- V1 A Corporate Secretary Safeco Insurance Co. of Ameri sted bt. Attorney -in -Fact _ (Title) NOTE: The respective corporate seals should be affixed: 98129 rrrr■ 4 Subdivision Improvement Warranty Bond F33 SAFECO" POWER SAFECO INSURANC E COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 90185 No. 12492 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint rrrrrrr►►rrr■►■►rrrr■rarrrrrw++rrrrrr+rr►r►rrr y� J. CATALDO; JENNIFER L. GIBBS; Dallas, Teaas"►rrrrr+r►►■rrr+++rrrrrrnrr►rrrrr+rr++rrrra+rrrarrr its true and lawful attomey(s) in -fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby - IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 20th day of October R.A. PIERSON, SECRETARY BOH A. DICKEY, PRESIDENT CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 2000 "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys4n-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business.,. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of arty such instrument or undertaking' Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adapted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out (i) The provisions of Article V. Section 13 of the lay -Laws, and (ii) A copy of the power-of-attomeY appointment, executed pursuant thereto, and (lit) Certifying that said power -of attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby cartify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Lam, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this day of aLi _._ , l Pe xt3 SEAL W SEAL T y�QJ d�lFO1 vn c�WaS R.A. PIERSON, SECRETARY S-09741SAEF 7198 ® Registered trademark of SAFECO CorPoration. 10iZ0100 PDF