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Home My WebLink AboutCity of Tamarac Resolution (64)March 13, 2002 -Temp. Reso. #9051 Page 1 of 3 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-064 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO RELEASE PUBLIC IMPROVEMENT PERFORMANCE BOND # 5854111 FROM SAFECO INSURANCE COMPANY OF AMERICA AS SURETY, IN THE AMOUNT OF $209,576.00 POSTED BY PULTE HOMES, INC FOR PAVING AND DRAINAGE IMPROVEMENTS FOR THE PLUM BAY PHASE III 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 # 5854111 in the amount of $209,576.00 to guarantee construction of paving and drainage located on the Plum Bay Phase III Project; and WHEREAS, the paving and drainage has 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 \\Dellone\udclerk\Dawn\Legislation2002\Legislation\March 13\9051.doc March 13, 2002 -Temp. Reso. #9051 Page 2 of 3 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 # 5854111, in the amount of $209,576.00, posted for paving and drainage improvements for the Plum Bay Phase III 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 # 5854111 in the amount of $209,576.00 posted for paving and drainage improvements for the Plum Bay Phase III 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. \\Dellone\udclerk\Dawn\Legislation2002\Legislation\March 13\9051.doc March 13, 2002 -Temp. Reso. #9051 Page 3 of 3 Section 5: and adoption. This Resolution shall become effective immediately upon its passage PASSED, ADOPTED, AND APPROVED this 131h day of March, 2002. ATTEST: MARION S ENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHEL48. K CITY ATTORl JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER Aye, DIST 1: COMM. PORTNER flyer DIST 2: COMM. MISHKIN Aye, DIST 3: V/M SULTANOF Ayel DIST 4: COMM. ROBERTS Aye., \\Dellone\udclerk\Dawn\Leg islation20021egislation\March 13\9051.doc EXHIBIT "A" Temp. Reso. #9051 Page 1 of 8 Revised 3/25/96-b1 I FOR APPROVAL ONLY -PERFORMANCE BOND Item title: Plum Bay Phase III - To accent a Performance Bond No 5854111 from Pulte Home Cor oration and SAFECO Insurance Co -pan for Public Im rovements at Plum Bay Phase III. 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. .,.� .., ..V I mate (� City Attorney () City Manager () Building Department _ City Clerk () Community Development (1) Engineering/Public Works C �� ,3 - 2S �16 �y ( ) Fire CA Person nelo Eisk::Mg;t. � 2 ? 16 ( ) Purchasing ( ) Utilities Funding Source: Initiating Department Head Signature: Date: --------------------------------------------- -------------------------------------------------- This form is to be completed PRIOR to all backup being forwarded to the City Clerk for acceptance. EXHIBIT "A" Temp. Reso. #9051 Page 2 of 8 BOND NO 5854111 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 two hundred nine thousand five hundred seventy six and 00/100 USD Dollars ($ 209,576.00 ),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 3 Project and to comply with requirements of Tamarac City Code Section-l0- 156. 950814 1 SURETY EXHIBIT "A" Temp. Reso. #9051 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. #9051 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: 1A ,Judith %Der y ( to rincipal) Jiffery J. Harris .PGA Bernadette White 4ar/y Ellen Jacobson Pulte Home Corporation Bruce E. Robinson, Dir. of P.esearch & Analysis Attested by See Attached (Title) rQafeco Insuran C/Qmpany of America (Tile) for Surely Janice L. Logue, Attorney -in -Fact Attested by See Attached (Title) NOTE: The respective corporate seals should be affixed: City Attorney City Engineer Countersigned by: George L. Frey 950814 3 SURETY EXHIBIT "A" Temp. Reso. #9051 Page 5 of 8 a]LIMITED POWER ® OF ATTORNEY SAFEW KNOW ALL BY THESE PRESENTS: SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE. WASHINGTON e8185 No. 8011 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint as"MICHAEL HOLLERBACH; JANICE L. LOGUE; J. LAWRENCE LAWSON; BRUCE E. ROBINSON; HARMON D. SMITH; JAMES A. WEISSENBORN; JOHN R. STOLLER; CALVIN R. BOYD. Bloomfield, Mich Igane*savannas its true and lawful attorneys) -in -tact, 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***************************** DOLLARS (S 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 this 30 t h day of May , 1995 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 Assistant Vice President appointed for that purpose by the officer in Charge of surety operations, shall each have authority to appoint individuals as attorneys -in -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 arry 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 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 9E. S-975/EP 1/e3 (1) Registered trademark of SAFECO Corp oration. EXHIBIT "A" Temp. Reso. #9051 Page 6 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 �'1 ( , "A - �J'dj Notary Public, Marcia G. Howard Oakland County, Michigan MR033 MAFOA M MWARD li*q Pd3k O*WW caam"ly, * CWA*Aim BON mac. M 1998 EXHIBIT "A" Temp. Reso. #9051 Page 7 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 -/') ') � Q "j 4� (W Notary Public, Marcia G. Howard Oakland County, Michigan t R033 EXHIBIT "A" Temp. Reso. #9051 Page 8 of 8 l (_ IC.. ( 1 1' 1 L V %_V J 1 Lr ,) 1 /,-" / U r PRfF('TNAMF: Plum Bay -Plum Harbor Phase 3 Sin (�Familvl DEVELOPER: Pulte Home Corporation TnTAi. rnQT i3�1F.Vt iCT lUNii Private Public % Fee Private Public Site Preparation 116,091.00 7.15 8,300.51 Paving and Drainage 61,028.00 8.25 5,034.81 Sewer Collection 8.25 R. Water Distribution7.15 Sidewalks, Curbs 8t Gutter 26, 047.00 8.25 1 2,148.88 Street, Median cuts (*see below) each' tr;'y'�,+e'Yti•,+ c}^LLs1=t�i� 800.00 ..t :'Rilel-,'L�•1?. r 57.207.15Laud$capIng Asphah resurfacing 2.00 Clearing and Grubbing 5, 610.00 7.15 401.12 TOTALS: b) FES 0 8 Wo *TOTAL Fee: 15,942.52 LESS fees paid: *BALANCE DLJE15,942.S2 d CERTIFICATE: IAMARAG CITY ENGINEEF -FEES ARE NON- L-�- I hereby certify that this estimate is true and correct to the best of my knowledge and belief and represents e total Si el meat costs for the project. ''.�' hn Messerian P.E. ate % 3d -5'd Project Engineer Reg. No. Public Improvement Performance Bond from "b)" above: Cost = 209, S76. 00 y I W/o = 209, 576. 00 Approval by the City Engineer: � Date: Remarks - "Streets more than 2 years old, S 50.00 x numbers of lanes 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, S50.00 x no of median cuts NATIONS BMK OF GEORGIA N.A. 444273 PULTE HOME CORPORATION ATLANTA. DEKALS COUNTY. GEORGIA T- }S( 1t SOUTH FLORIDA DIVISION tktmrNuJ hr 1330 E. NEWPORT CENTER DR. sUITE 20D DEERFTELD BEACH. FLORTDA 33"2 •: •.r* -� i - , rt. „ •Ip i (303)426.6100 PAY EXACTLY 0r010s0*115 oats nnI I •aQ AND 99 CENTS-- 4215� PAY TO THE ORDER OF: i'L Lfl I 11I: TAMARAC, CITY OF 00000 f