HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-218August 22, 2001 - Temp. Reso. #9349
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2001-218
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO RELEASE PUBLIC
IMPROVEMENT WARRANTY BOND #5905814 FROM
SAFECO INSURANCE COMPANY OF AMERICA AS
SURETY, IN THE AMOUNT OF $2,316.75, POSTED BY
PULTE HOME CORPORATION, FOR SIDEWALK
IMPROVEMENTS IN THE SANIBEL AND CAPTIVA,
PROJECT 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 sidewalk improvements at
the Sanibel and Captiva project in accordance with the Site Plan approved by the City
Commission on December 08, 1993; and
WHEREAS, the sidewalk improvements along Sanibel and Captiva 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 #5905814 from Safeco Insurance Company of America as Surety, in the
amount of 12,316.75, a copy of which is attached hereto as "Exhibit A", for sidewalk
improvements at the Sanibel and Captiva 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
sidewalk improvements at the Sanibel and Captiva 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 #5905814 from Safeco Insurance Company of America, in
the amount of $2,316.75 for the sidewalk improvements at the Sanibel and Captiva 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 #5905814 from Safeco Insurance Company of
America, in the amount of $2,316.75 for the sidewalk improvements constructed by Pulte
Home Corporation, for the Sanibel and Captiva 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
hereby repealed to the extent of such conflict.
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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.
JOE SCHREIBER
MAYOR
ATTEST:
L'a'� RECORD OF COMMISSION VOTE:
MARION SWE SON, CMC
INIwas] 11:11:l 1,111
have approved this
RESQIAUTION as to fo
M-CHEL., S. KFYAF
CITY ATIORNEY
MAYOR SCHREIBER Aye,
DIST 1: COMM. PORTNER &e.
DIST 2: COMM. MISHKIN ,4 er
DIST 3: V/M SULTANOF A e,,
DIST 4: COMM. ROBERTS A e.
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"EXHIBIT "A"
Temp. Reso. #9349
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SUBDIVISION IMPROVEMENT WARRANTY BOND BOND NO 5905814
FOR: N.W. 108TH TERRACE BETWEEN SANIBEL AND CAPTIVA
(Project Name)
NOW ALL MEN BY THESE PRESENTS: That Pulte Home Corporation
Address. 1350 E. Newport Center Drive, Suite 200, Deerfield Beach, FL 33442
As Principals, and Safeco Insurance Company of America
a corporation existing under the laws of the State of Washington , 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
two thousand three hun
political subdivision of the State of Florida, in the full and just sum of sixteen and 75 100
Dollars ($ z,316.75 . ), 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 heirs, 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 10-156 of the Tamarac
City Code, there is a requirement that a bond in the amount of twenty-five (25%)
percent of the actual cost of the Subdivision Improvements be posted upon formal
acceptance of said Subdivision Improvements by the City Commission, and
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"EXHIBIT "A"
Temp. Reso. #9349
Page 2
WHEREAS. in compliance with said warranty bond requirements, said Principal
is required to fumish a good and sufficient bond in a surety company licensed to do
business in the Sate of Florida conditioned upon the correction of al insufficiencies in
design, workmanship and/or materials which are found within one (1) year of the date
of the formal acceptance of the Subdivision Improvements by the City Commission of
the Ctty of Tamarac.
NOW, THEREFORE, 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 al insufficiencies in
design, workmanship and/or materials discovered within one (1) 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
. _.iRT•Tlif' n�
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 shall inspect them for final release. N his investigation reveals any
insufficiencies, then he shall notify the Principal, in writing, that the work is
unacceptable.
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"EXHIBIT "A"
Temp. Reso. #9349
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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 so to do 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 to 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 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.
Upon recommendation by the City Engineer for final acceptance and upon
compliance by Principal with applicable conditions, as hereinabove stated, the City
Engineer will then recommend to the City Commission the release of this reduced,
bond, by resolution.
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"EXHIBIT "A"
Temp. Reso. #t9349
Page 4
IN WITNESS WHEREOF the above bounden parties have executed this
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 14th day of July
Signed and Sealed
in the presence of:
(As to Principal)
Marcia G. Howard
(As to Surety)
Marcia G. Howard
A.D. 19 97
Pulttee Home Corporation
(Title) t Calvin R. Boyd
Director of Treasury Opera
Attested by
(Title)
Safe Insuce o ranpony of America
(Tit
or the Sure Janice L. Logue
Attorney -in -Fact
Attested by
(Title)
NOTE: The respective corporate seals should be affixed.
Approved as to Form Approved as to Content
CITY ATTORNEY CITY ENGINEER
Sub.lmp. War. Bond
Rev.11/21/94 Countersigned by: ! L.
George Frey
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"EXHIBIT "A"
Temp. Reso. #9349
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M O
SAFECO
KNOW ALL BY THESE PRESENTS:
LIMITED POWER
OF ATTORNEY
SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
HOME OFFICE: SAFECO PLAZA
SEATTLE, WASHINGTON 98185
No. 8.QJ,
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Vvashington
corporation, does each hereby appoint
"NNCALVIN 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,
M i c h i g a n N N N N N+ N N N N NUN MONK N N ON N Kum N N N N N N N N N N N N N N o y NUNN N XXXXXNNN N N N N N N N N N N N N N N N N NNONNNUX N N N N N N
,Ts true and lawful attorneys) -in -fact, with full authority to execute on its behalf fidelity and surety bands 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 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 1 1 T H
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. SBCTien 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 t0 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 neT 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,
(1) 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
0ii) Certifying That Said power -of-attorney appointment is in ful; 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. Pierscn, 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 l.4th
day of _. July
19 97
S-975/EP 1/93
Registered traaamark of SAFECO Corporation.
"EXHIBIT "A"
Temp. Reso. #9349
Page 6
ACKNOWLEDGEMENT BY SURETY
STATE OF MICHIGAN )
)ss.
COUNTY OF OAKLAND)
On this 14th day of July, 1997, 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
sit , ...
gyp•) ��. - ;;G�i �-`
Notary Public, Marcia G. Howard
Oakland County, Michigan
MH 033
"EXHIBIT "A"
Temp. Reso. #9349
Page 7
ACKNOWLEDGEMENT BY PRINCIPAL
STATE OF MICHIGAN )
)ss.
COUNTY OF OAKLAND)
On this 14th 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
M14 033