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HomeMy WebLinkAboutCity of Tamarac Resolution (65)March 13, 2002 -Temp. Reso. #9052 Page 1 of 3 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-065 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO RELEASE PUBLIC IMPROVEMENT PERFORMANCE BOND #584110 FROM SAFECO INSURANCE COMPANY OF AMERICA AS SURETY, IN THE AMOUNT OF $38,727.00 POSTED BY PULTE HOMES, INC. FOR PAVING AND DRAINAGE IMPROVEMENTS CONSTRUCTED ON NW 94T" AVENUE, SOUTH OF PLUM BAY PARKWAY; 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 # 584110 in the amount of $38,727.00 to guarantee construction of paving and drainage improvements constructed on NW 941h Avenue, south of Plum Bay Parkway; 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 \\Dellone\udclerk\Dawn\Legislation2002\Legislation\March 13\9052.doc March 13, 2002 -Temp. Reso. #9052 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 #584110, in the amount of $38,727.00, posted for the paving and drainage improvements constructed on NW 941h Avenue, south of Plum Bay Parkway. 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 # 584110 in the amount of $38,727.00 posted for the paving and drainage improvements constructed on NW 94th Avenue, south of Plum Bay Parkway. 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\9052.doc March 13, 2002 -Temp. Reso. #9052 Page 3 of 3 Section 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED, AND APPROVED this 13th day of March, 2002. ATTEST: MARION S ENSON, CMC RECORD OF COMMISSION VOTE: CITY CLERK MAYOR SCHREIBER Ayer DIST 1: COMM. PORTNER Aye,, DIST 2: COMM. MISHKIN A -ye, I HEREBY CERTIFY that I have approved this nSO, UTION as to form. ITCHELL S KF CITY ATT RN DIST 3: V/M SULTANOF Ayei DIST 4: COMM. ROBERTS Al yei \\Dellone\udclerk\Dawn\Legislation2002\Legislation\March 13\9052.doc EXHIBIT "A" Temp. Reso. #9052 Page 1 of 8 Revised 3/25/96-bl FOR APPROVAL ONLY -PERFORMANCE BOND Item title: Plum Bay/Plum Harbor, NW 94th Avenue - To accept a Performance Bond No 5854110 from Pulte Home Corporation and SAFECO Insurance Company for Public Improvements at Plum Bay/Plum Harbor, NW 94th Avenue. 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. City Attorney O City Manager O Building Department (3j City Clerk () Community Development (1) Engineering/Public Works Z� ( ) Fire (; Personnel isk M '� t. 3 4 ( ) 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. #9052 Page 2 of 8 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, IL 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 thirty-eight thousand seven hundred twenty seven and 00/100 USD Dollars ($ 38, 727.00 ),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 Paving/Drninnge at Plum Bay/Plum Harbor NW 94th Avenue Project and to comply with requirements of Tamarac City Code Section-10- 156. 950814 1 SURETY EXHIBIT "A" Temp. Reso. #9052 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. #9052 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: Jiffery J. Harris C � Bernadette White Mary Ellen J cobson NOTE: The respective corporate City Attorney Countersigned by: George L. Frey Pulte Home Corporation XXRI*YI X Bruce E. Robinson, Dir. of Research & Analysis Attested by See Attached (Title) �co ura e�mpany of America 7/1t4-G�[.�- (T�le) for Sur y Janice L. Logue, Attorney -in -Fact Attested by See Attached (Title) seals should be of fixed: City Engineer 950814 3 SURETY EXHIBIT "A" Temp. Reso. #9052 Page 5 of 8 eaUNITED POWER SAFECO OF ATTORNEY SAFECO 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 e"eMICHAEL HOLLERBACH; JANICE L. LOGUE; J. LAWRENCE LAWSON; BRUCE E. ROBINSON; HARMON D. SMITH; JAMES A. WEISSENBORN; JOHN R. STOLLER; CALVIN R. BOYD. Bloomfield, MichiganNNNNNNeNNN 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/100NNN«NN«NNN rNNMNNNNNNNNNNMNNNN DOLLARS (S 1, 000, 0 0 0.0 0 ) 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 , 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 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 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 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." 1. R. A. Pierson. Secretary of SAFECO INSURANCE COMPANY OF AMERICA and Of GENERAL INSURANCE COMPANY OF AMERICA, and do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations. 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-e75/EP 1/e3 G) Registered trademark of SAFECO Corporation. EXHIBIT "A" Temp. Reso. #9052 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 MARC31; G. i-�s: 1"11!h , Oaklaid CourAy, f Kt9M Notary Public, Marcia G. Howard Oakland County, Michigan MH:033 EXHIBIT "A" Temp. Reso. #9052 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 VARCLA G. HOt"aAko WNW CV-UMY, PA Air► Om=bft SON WL 26, i WS Notary Public, Marcia G. Howard Oakland County, Michigan W033 EXHIBIT "A" Temp. Reso. #9052 Page 8 of 8 CERTIFIED COST ESTIMATE PRO iECT NAME, PLUM BAY - PLUM HARBOR (N.W. 94th Avenue) DEVELOP .R. PULTE HOME CORPORATION TOTAL COST FEE AMOUNT Private Public Ma Fee Priviq Public Site Preparation 7.15 Paving and Drainage 27,450.00 8.25 2,264.63 Sewer Collection ' '� trsr , tiZ ir+'t r ' 8.25 Water Distribution �:( ,l:r ..,:p X>. 4=�. i .i1 +��Y,til£•..w•r i . 7.15 Sidewalks, Curbs & Gutter 11, 277.00 8.25 930.35 Street, Median cuts (*see below) each* Landscaping7.15 Asphalt resurfacing 2 .00 Clearing and Grubbing 7.15 TOTALS:727. 00 r : J . •v; - J, :..,y. 6, t :�' .� �r,.� �:, * TOTAL Fee: 3,194.98 LESS fees paid: * BALANCE DUE: 3,194.98 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 total selopm nt costs for the project. J-ohn Messerian, P.E. 47810 Da a -6 - L Project Engineer R No. Public Improvement Performance Bond from "b)" above: �� Cost= _ 38.727 00 X 100% = 38.727.00 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, $250.00 x number of median cuts —� Median cut w/o stack lane or w/curb cut, $200 x no of median cuts �a Median cut w/o stack lane or curb cut, S50.00 x no of median cuts—) PULTE HOME CORPORATION NalionsBank MANUAL IMPREST ACCOUNT - DEERFIELD BEACH N.ti...B..k.1T....,N.A. 10530 1350 E. NEWPORT CENTER DR.. STE. 200 DEERFIELD BEACH. FL 33442 �"} r fFB 9 19� / 32-1/III0 M PAY— YE : ► l,/ I°�` .i I , i Iw II II I M I�-p I,..'.., DOLLARS, $ / 5� 1 1 , .., TO c ry v r 7? MX-4 L THE OROF I