HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-216August 22, 2001 - Temp. Reso. #9343
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2001-216
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO RELEASE PUBLIC
IMPROVEMENT WARRANTY BOND #5912073 FROM
SAFECO INSURANCE COMPANY OF AMERICA AS
SURETY, IN THE AMOUNT OF $5,047.93, POSTED BY
PULTE HOME CORPORATION, FOR PAVING, DRAINAGE,
SIDEWALK, CURB AND GUTTER IMPROVEMENTS IN THE
SANIBEL AND CAPTIVA PHASE 2, LOCATED ON THE
WEST SIDE OF 108T" TERRACE BETWEEN MCNAB ROAD
AND SOUTHGATE BOULEVARD; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Pulte Home Corporation has constructed paving, drainage, sidewalk,
curb and gutter improvements at the Sanibel and Captiva Phase 2 project in accordance
with the Site Plan approved by the City Commission on December 08, 1993; and
WHEREAS, the paving, drainage, sidewalk, curb and gutter improvements along
Sanibel and Captiva Phase 2 project have been inspected and found to be acceptable
according to the requirements of the City code; and
WHEREAS, pursuant to City Code Section 10-156, the Public Improvement
Warranty Bond #5912073 from Safeco Insurance Company of America as Surety, in the
amount of $5,047.93, a copy of which is attached hereto as "Exhibit A", for paving,
drainage, sidewalk, curb and gutter improvements at the Sanibel and Captiva Phase 2
project has remained in place for the required one (1) year period; and
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WHEREAS, Pulte Home Corporation has requested the release of this Public
Improvement Warranty Bond; and
WHEREAS, it is the recommendation of the Director of Public Works and the
Assistant City Engineer that the Public Improvement Warranty Bond be released for the
paving, drainage, sidewalk, curb and gutter improvements at the Sanibel and Captiva
Phase 2 project; 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 #5912073 from Safeco Insurance Company of America, in
the amount of $5,047.93 for the paving, drainage, sidewalk, curb and gutter improvements
at the Sanibel and Captiva Phase 2 project.
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 Warranty Bond #5192073 from Safeco Insurance Company of
America, in the amount of $5,047.93 for the paving, drainage, sidewalk, curb and gutter
improvements constructed by Pulte Home Corporation, for the Sanibel and Captiva Phase
2 project located on the west side of 108' Terrace between McNab Road and Southgate
Boulevard in accordance with Section 10-156 of the City Code.
Section 3: That all Resolutions or parts of resolutions in conflict herewith are
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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: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this 22"d day of August, 2001.
ATTEST:
MARION S ENSON, CMC
CITY CLERK
I HEREBY CERTIFY that I
have approved this
RESQLUTION as to form.
'-/MITCHELL St K FT
CITY ATTOR
7E*1—
r' JOE SCHREIBER
`' MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER A ev
DIST 1: COMM. PORTNER Ave,
DIST 2: COMM. MISHKIN Aye,
DIST 3: V/M SULTANOF Ave,
DIST 4: COMM. ROBERTS 9A Pi
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"EXHIBIT "A"
Temp. Reso. #9343
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KNOW ALL MEN BY THESE PRESENTS: That Pulte Home Corporation
1350 E. Newport Center Dr. Ste 200
having an addreSS of Deerfield Beach, FL_ 33442as Principals, and_
Safeco Insurance Company of America
having an address of
2800 W. Higgins Road, Ste 1100
Hoffman E 60125 a corporation, existing
under the laws of the State of Florida, and having heretofore complied with all the
requirements of the lam of the State of Florida regulating the admisalon 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 five thousand forty seven and 93/100 Dollarg ($ 5,047.93
),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 respectivey, as the case may
be, Jointly and severaily, firmly by these presents.
WHEREAS, In accordance with the terms of Section 245, as amended by
Ordinance 76-21, paragraph (b) of the Tamarac City Code, there Is a requirement that a
bond in the amount of 25 percent of the actual coat 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 9 surety company licensed to do business
960814 1 Wsurety.wpd
"EXHIBIT "A"
Temp. Reso. #9343
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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, 7AEREFORE, the condition of this 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 City Engineer or his designee shall inspect them
for final release. If this investigation reveals any insufficiencies, then he shall notify the Principal, in
tivriting, 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 to do so within ninety (90) days after said written notice by the City Engineer, and,
pursuant to public advertisement and receipt and acceptance of bids, cause said 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 indemnity 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.
"EXHIBIT "A"
Temp. Reso. #9343
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Upon recommendation by the City Engineer for final acceptance and upon compliance by
principal with applicable conditions, as herein above stated, the City Engineer will then recommend to
the City Commission the release of this reduced bond, by resolution.
IF 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 23rd day of July 1997.
"EXHIBIT "A"
Temp. Reso. #9343
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SIGNED AND SEALED
IN THE PRESENCE OF:
(As to Principal)
Safeco Insurance Company of
Pulte Home Corporation
�,,z ;e 4j
(Title) for the Presiden
Calvin R. Boyd, Dir. of Treasury Operations
Attested by
(Title)
America
(fte)forSurety'' .lane K, of ting
Attorney -in -Fact
61"ested by
(Title)
NOTE: The respective corporate seals should be affixed:
Approved as to Form Approved as to Content
City Attorney
Director of Utilities
Countersigned by:
George . Frey
950814 4 Wsurety,wpd
"EXHIBIT "A"
Temp. Reso. #9343
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MO
SAFECO
KNOW ALL BY THESE PRESENTS:
LIMITED POWER
OF ATTORNEY
SAFECO INSURANCE CCMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
HOME OFFICE: SAFECO PLAZA
SEATTLE. WASHINGTON 98185
No. 801
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington
corporation, does each hereby appoint
— CALVIN R. BOYS; JANICE L. LOGUE; J. LAWRENCE LAWSON: BRUCE E. ROBINSON; JAMES A.
WEISSENBORN; JOHN R. STOLLER; MAUREEN. E. THOMAS; JANE K. BOTTING; Bloomf laid Hills,
M i c h i g a n N r N N N N N N N/ N r N N N N N N/ N N N N N N r N r N N N N r r N N r N N N N N 11 r r N N N N N N r r N N N N N N N r 1011 N N N N N N N N N N N N NOMMME N N N
its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other
Cccuments 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 Sinn
of ONE MILLION AND NO/100"""""""»»"""»»»"""""»»»»»"""" DOLLARS (S 1 000 A 000.00 ),
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each
executed and attested these presents
this 1 1 T H day of J a n u a ram_ _ , 19 96 .
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
altorneys-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,
;hat 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,
�o 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 23rd day of
July
19 97
S-975/EP 1/93 (9) Registered trademark of SAFECO Corooration-
"EXHIBIT "A"
Temp. Reso. #9343
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ACKNOWLEDGEMENT BY SURETY
STATE OF MICHIGAN
)ss.
COUNTY OF OAKLAND)
On this 23rd day of July, 1997, before me personally appeared Jane K. Botting, known to me tc
be the Attomey-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
Notary Public, Marcia G. Howard
Oakland County, Michigan
MR033
"EXHIBIT "A"
Temp. Reso. #9343
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ACKNOWLEDGEMENT BY PRINCIPAL
STATE OF MICHIGAN )
)ss.
COUNTY OF OAKLAND)
On this 23rd day of July, 1997, before me , the undersigned authorized employee, personally
appeared Calvin R. Boyd, who acknowledges himself to be Director of Treasury Operations 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
MR077