HomeMy WebLinkAboutCity of Tamarac Resolution (63)March 13, 2002 - Temp. Reso. # 9050
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2002-063
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO RELEASE PUBLIC
IMPROVEMENT PERFORMANCE BOND #5865925 FROM
SAFECO INSURANCE COMPANY OF AMERICA AS
SURETY, IN THE AMOUNT OF $117,121.00 POSTED BY
PULTE HOMES, INC. FOR PAVING AND DRAINAGE
IMPROVEMENTS FOR THE PLUM BAY PHASE II PROJECT
LOCATED ON THE NORTHEAST CORNER OF
COMMERCIAL BOULEVARD AND NOB HILL ROAD;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Pulte Homes, Inc. with Safeco Insurance Company of America as
Surety, has filed with the City of Tamarac a Public Improvement Performance Bond
#5865925 in the amount of $117,121.00 to guarantee construction of paving and drainage
improvements located on the Plum Bay Phase II project; 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 Public Improvement
Performance Bond has remained in place for the required one (1) year period in lieu of the
warranty bond, and it has been held as guarantee of performance and as warranty; and
WHEREAS, it is the recommendation of the Public Works Director and the Assistant
City Engineer that the Public Improvement Performance Bond be released; and
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March 13, 2002 - Temp. Reso. # 9050
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1
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 Performance Bond #5865925, in the amount of $117,121.00, posted for the
paving and drainage improvements for the Plum Bay Phase II project, located on the
northeast corner of Commercial Boulevard and Nob Hill Road.
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
Public Improvement Performance Bond #5865925 in the amount of $117,121.00 posted for
paving and drainage improvements for the Plum Bay Phase II project, located on the
northeast corner of Commercial Boulevard and Nob Hill Road. A copy of the Bond is
attached hereto as "Exhibit A".
Section 3: That 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.
r-
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March 13, 2002 - Temp. Reso. # 9050
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Section 5:
and adoption.
This Resolution shall become effective immediately upon its passage
PASSED, ADOPTED, AND APPROVED this 13th day of March, 2002.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that I
have approved this
RESOLUTIGN as to form.
(_,GIITCHELL
CITY ATT
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER Aye/
DIST 1: COMM. PORTNER Ay&
DIST 2: COMM. MISHKIN Ayer
DIST 3: V/M SULTANOF_Av�
DIST 4: COMM. ROBERTS flyer
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EXHIBIT "A"
Temp. Reso. #9050
Page 1 of 8
FOR APPROVAL ONLY -PERFORMANCE BOND
Item title: Plum Bay Phase II - To accept a Performance Bond No. 5866925 from Pulte Home
Corporation and SAFECO Insurance Company for Public Improvements at Plum Bay Phase
IL
The initiating Department Head is to mark an "X" between the parentheses "( )" below for
each department that must initial their approval in order for this bond to be accepted.
4 (2) City Attorney v C
() City Manager
() Building Department
S (3) City Clerk
() Community Development
(1) Engineering/Public Works �S
( Finance
( ) Fire
✓ (X) Personn /Rik g . �Yyl
( ) Purchasing
( ) Utilities
Funding Source:
Initiating Department Head Signature:
Date: 3=
This form is to be completed PRIOR to all backup being forwarded to-ihe City"lerk for
acceptance.
EXHIBIT "A"
Temp. Reso. #9050
Page 2 of 8
m
t
KNOW ALL MEN BY THESE PRESENTS: That Pulte Home Corporation
having an address of 1350 E. Newport Center Drive, #200, Deerfield Beach,
FL 33442
as Principals, and Safeco Insurance
Company of America having an address of 2800 West Higgins Road,
Suite 1100, Hoffman Estates, I1 60195
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 one hundred seventeen thousand one hundred
twenty one and 00/100 USD
Dollars ($ 117,121.00 ),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, the said Principal is required to furnish a
Performance Bond to guarantee the installation of public
improvements as indicated on the Certified Estimated Cost
(Exhibit "A" attached) and on plans prepared by Craig A. Smith & Assoc.
1000 W. McNab Rd, Pompano Bch,FL 33060and approved by the City Engineer
or his designee on January 26 1996 for the
_ Paying/Drainage Plum Bay Phase 2 Project
and to comply with requirements of Tamarac City Code Section-10-
156.
950814 1 SURETY
EXHIBIT "A"
Temp. Reso. #9050
Page 3 of 8
The City is authorized to draw drafts at sight accompanied
by a signed statement for the City of Tamarac or its authorized
representative that:
1. The drawing is due to Pulte Home Corporation's
failure to construct the public improvements;
2. That the developer's obligations have not been
completed and the City of Tamarac has been
notified that the bond will not be extended; or
3. That a warranty bond that is required by Tamarac
City Code has not been provided.
This instrument shall be automatically renewed for successive
periods of one (1) year each unless the said Surety and/or the
said Principal provide written notice to the City Clerk via
registered mail of their intent to terminate the credit herein
extended, which notice must be provided at least sixty (60)days
prior to the expiration date of the original term hereof or any
one (1) year term, or unless the City of Tamarac returns the
original letter of credit together with notification that it may
be terminated.
This bond shall remain in full force until improvements have been
accepted by the City Commission and replaced by a Warranty Bond
as required by City Code Section 10-156.
IF WITNESS WHEREOF, the above bounden parties have executed
950814 2 SURETY
EXHIBIT "A"
Temp. Reso. #9050
Page 4 of 8
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 9th day of February 19 96
SIGNED AND SEALED
IN THE PRESENCE OF:
kJudit�hi_Derr
(As to Principal)
Jiffery J. Harris
Bernadette White
Mary El en Jacobson
Pulte Home Corporation
XXXkT X 1ben=xXX
Bruce E. Robinson, Dir. of Research & Analysis
Attested by
See Attached
(Title)
Sa e=rance qmp� of America
(Ti e) for Sure
Janice L. Logue, Attorney -in -Fact
Attested by
See Attached
(Title)
NOTE: The respective corporate seals should be af�,ixed:
/117
City Attorney City Engineer (/
Countersigned by:
George L. Frey
950814 3
SURETY
EXHIBIT "All
Temp. Reso. #9050
Page 5 of 8
O
LIMITED POWER
OF ATTORNEY
SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
HOME OFFICE: SAFECO PLAZA
SEATTLE. WASHINGTON e3185
No. 8011
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
N*NMICHAEL HOLLERBACH; JANICE L. LOGUE; J. LAWRENCE LAWSON; BRUCE E. ROBINSON; HARMON D.
SMITH; JAMES A. WEISSENBORN; JOHN R. STOLLER; CALVIN R. BOYD, Bloomfield, Michiganoaaoaanaau
its true and lawful attorneys) -in -fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other
documents of a similar character issued by the company in the course of its business. and to bind the respective company thereby in
amounts or penalities not exceeding the sum
of ONE MILLION AND NO/100**********************a******
DOLLARS IS 1 , 000, 000.00 )
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each
executed and attested these presents
INS 30 t h day of May . 19 95
CERTIFICATE
Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V. Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any ASSStro V.ce
President appointed for that purpose by the officer in charge of surety operations. shall each have authority to appoint inOv."j as
attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety Do►hds rho
other documents of similar character issued by the company in the course of its business ... On any instrument making or evioancatg
such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or urroota.w9
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 any 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 adopted 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 By -Laws. and
(ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power -of -attorney 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 certify 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 -Laws. 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 corporations
this 9th day of February ` . 19 96
S-075/EP 1/93 (1) Registered trademark of SAFECO Corporation.
EXHIBIT "A"
Temp. Reso. #9050
Page 6 of 8
ACKNOWLEDGEMENT BY SURETY
STATE OF MICHIGAN )
)ss.
COUNTY OF OAKLAND)
On this 9th day of February, 1996, before me personally appeared Janice L. Logue, known to
me to be the Attorney -in -Fact of Safeco Insurance Company of America, the corporation that
executed the within instrument, and acknowledged to me that such corporation executed the
same.
In witness whereof, I have hereunto set my hand and affixed my official seal, at my office in the
aforesaid County, the day and year in this certificate first above written.
My Commission Expires: March 26, 1998
L-�'ACA,A/Pj',9J '�AUJ04�
Notary Public, Marcia G. Howard
Oakland County, Michigan
MH:033
Icy pltI10, 08k6nd i s jr,!y, 411
Cars"m Mm. 26,1
EXHIBIT "A"
Temp. Reso. #9050
Page 7 of 8
ACKNOWLEDGEMENT BY PRINCIPAL
STATE OF MICHIGAN )
)ss.
COUNTY OF OAKLAND)
On this 9th day of February, 1996, before me, the undersigned authorized employee, personally
appeared Bruce E. Robinson, who acknowledges himself to be Director of Research & Analysis
of Pulte Home Corporation and that he as such employee being authorized to do so, executed the
foregoing instrument for the purposes therein contained by signing the name of the Corporation
by himself as such employee.
My Commission Expires: March 26, 1998
Notary Public, Marcia G. Howard
Oakland County, Michigan
MR033
EXHIBIT "A"
Temp. Reso. #9050
Page 8 of 8
CERTIFIED COST ESTIMATE
PROJECT NAME: PIUM Rqv - Pl(m+ JJarhOr (Phase 7 Singh- Fami IV) o Noc �nS Z2
DEVELOPER: Pulte Home Corporation and 266-281 (only)
Site Preparation
Paving and Drainage
Sewer Collection
Water DLgtribution
Sidewalks, Curbs & Gutter
Street, Median cuts (*see below)
resurfacing
TOTAL COST FEE AMOUNT
Private Public % Fee I Priti'ate Public
80,S92.00
7.15
5,762.33
18 264.00
8.25
7-15
l2 016.00
8.25
991.32
each*
2.00 I
I
Clearing and Grubbing S, 77S.00 7.15 412.91
TOTALS:
b) 117,121.00
IX!38
TOTAL Fee: 8,707.66
Z0 O LESS fees paid:
F1996q
*BALANCE DUE:
R ICATE: 8
CE
TAIM �,► I i CM;iNEER 'FEES ARE NON-REVUNDABLE:'
I hereby certify that this estimate is true and correct to the best of my knowledge 4nd belief and represents.tbb
total site v lopm nt costs for the project.
Johnee 47810
a 2— 7-96 Pro' t Engineer R No.
Public Improvement Performance Bond from above: / / % /2/ .061
��
Cost = —Si 4 �$— X 00° e _
Approval by the City Engineer'
Cy2/
Remarks
Date:
'Streets more than 2 years old, S 50.00 x numbers of lanes �)
Median cut with Sucking lane, S250.00 x number of median cuts
Median cut w/o stack lane or w/curb cut, S200 x no of median cuts
Median cut w/o stack lane or curb cut, S50.00 x no of median cutsNATIONS BANK OF GEORGIA, N.A.
i
PULTE HOME CORPORATION ATLANTA. DEKALB COUNTY. GEORGIA I e1ns
Cj SOUTH FLORIDA DIVISION
I330 E. NEWPORT CENTER DR. SUITE 200
DEERFIELD BEACH, FLORIDA 33442 vr.'a . F . •:r?. j
(305) 426.6I00
PAY __EXACTLY •r*_suit**8 707 DOLLARS AND b6 CEy1$
PAY TO THE ORDER OF:
TAMARAC, CITY OF
00000
-7
�wsss� 707.66ts
)R1'OR.\