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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-217August 22, 2001 - Temp. Reso. #9345 Page 1 of 3 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-217 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO RELEASE PUBLIC IMPROVEMENT WARRANTY BOND #5912076 FROM SAFECO INSURANCE COMPANY OF AMERICA AS SURETY, IN THE AMOUNT OF $19,957.75, POSTED BY PULTE HOME CORPORATION, FOR PAVING, DRAINAGE, SIDEWALK, CURB AND GUTTER IMPROVEMENTS IN THE SANIBEL AND CAPTIVA PHASE 1, 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 1 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 1 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 #5912076 from Safeco Insurance Company of America as Surety, in the amount of 119,957.75, a copy of which is attached hereto as "Exhibit A", for paving, drainage, sidewalk, curb and gutter improvements at the Sanibel and Captiva Phase 1 project has remained in place for the required one (1) year period; and \\Dellone\udclerk\Dawn\Legislation2001 \Resolutions\August 22\9345.doc August 22, 2001 - Temp. Reso. #9345 Page 2 of 3 1 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 1 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 #5912076 from Safeco Insurance Company of America, in the amount of $19,957.75 for the paving, drainage, sidewalk, curb and gutter improvements at the Sanibel and Captiva Phase 1 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 #5192076 from Safeco Insurance Company of America, in the amount of $19,957.75 for the paving, drainage, sidewalk, curb and gutter improvements constructed by Pulte Home Corporation, for the Sanibel and Captiva Phase 1 project located on the west side of 108t" 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 \\Del Ion e\ud cl erk\Dawn\Leg islation2001\Resolutions\August 22\9345.doc August 22, 2001 - Temp. Reso. #9345 Page 3 of 3 1 1 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. 77 JOE SCHREIBER `' MAYOR ATTEST: :i �- RECORD OF COMMISSION VOTE: MARION SW SON, CMC CITY CLERK I HEREBY CERTIFY that I have a roved this R.ESOXTION as to form. ITCHELL" S. CITY ATTO MAYOR SCHREIBER r4 el DIST 1: COMM. PORTNER AM DIST 2: COMM. MISHKIN A v DIST 3: V/M SULTANOF flyPi DIST 4: COMM. ROBERTS A e' \\Dellone\udclerk\Dawn\Legi slation2001\Resolutions\August 22\9345.doc "EXHIBIT "A" Temp. Reso. #9345 r Page 1 KNOW ALL MEN BY THESE PRESENTS: That Pulte Home Corporation 1350 E. Newport Center Dr. STe 200 having an address of Deerfield Beach, FL 33442 as Principais, and Safeco Insurance Compaq of America _ having an address of ,_•. T2800 W Higgins Road, Ste 1100 Roffman E�tates, 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 _nineteen thousand nine hundred fifty seven_ and 75/100 Dollars ($ 19,957.75 ),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 heks, 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 24-5, 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 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 960814 1 Waurety.wpd "EXHIBIT "A" Temp. Reso. #9345 Page 2 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 this obligation Is such that If the said Principal, Its succor-sors, legal representatives or assigns shall have made all corrections and shell 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 farce and effect. Prior to the end of the calendar year following sold 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 arty insufficiencies, then he shall notify the Principal, In writing, that the worts 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 fall 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 said insufficiencies In desiign, 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 9508114 2 Wsurety.wpd "EXHIBIT "A" Temp. Reso. #9345 Page 3 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 Princlpal 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 hweinabove stated, the Director of Utilities 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 affbdng their corporate names and seals hereto and causing their authorized representatives to sign these presents, pursuant to the authority of their goveming bodies on thls 23rd day of Jul , 19 K- 950814 3 Wsurety.wpd "EXHIBIT "A" Temp. Reso. #9345 Page 4 SIGNED AND SEALED IN THE PRESENCE OF: Pulte Home Corporation LWVI (As to Principal) (Title) for the President Calvin R. Boyd, Director of Treasury Operations Attested by (Title) Safeco Insurance Company of America ( e) for Surety Jane K. tting Attorney -in -Fact Attested 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: z- George L. Freyy 950814 4 Wsurety,wpd "EXHIBIT "A" Temp. Reso. #9345 Page 5 LIMITED POWER 03 OF ATTORNEY SAFEC& KNOW ALL BY THESE PRESENTS: SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE. WASHINGTON 98185 No. 8011 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint NNNCALVIN R. BOYD; JANICE L. LOGUE; J. LAWRENCE LAWSON; BRUCE E. ROBINSON; JAMES A. WEISSENBORN; JOHN R. STOLLER; MAUREEN. E. THOMAS; JANE K. BOTTING; Bloomfield Hills, Mich i g a n N N N N N N r N N N N r r r r r r N N N N N N N r N N M M N N N N r N N r N r N N N M N N N N N N N r r N r N N N N N N N N M N r M N N N N r N N N r N N N M N M N N N Its true and lawful attorney(5)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other dccu'nents 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 sure of ONE MILLION AND NO/100*0400 "NNN..N...N.N.......... DOLLARS ($ 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 1 1 TH CERTIFICATE day of January , 19 96 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 00 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 13ENERAL 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 23rd day of , 19 --9,Z . "EXHIBIT "A" Temp. Reso. #9345 Page 6 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 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 Notary Public, Marcia G. Howard Oakland County, Michigan W033 "EXHIBIT "A" Temp. Reso. #9345 Page 7 )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 MH 033