HomeMy WebLinkAboutCity of Tamarac Resolution R-99-219Temp. Reso. #8707, July 29, 1999 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-99-- I/
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO RELEASE A PUBLIC
IMPROVEMENT PERFORMANCE BOND IN THE FORM OF
A SURETY BOND #5865949 FROM SAFECO INSURANCE
COMPANY OF AMERICA, IN THE AMOUNT OF $91,720.00
FOR THE WATER DISTRIBUTION AND SEWAGE
COLLECTION SYSTEM IMPROVEMENTS INSTALLED BY
PULTE HOME CORPORATION FOR THE PLUM BAY PHASE
3 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 Home Corporation has constructed the Plum Bay Phase 3
Project, located on the northeast corner of Commercial Boulevard and Nob Hill Road
(attached hereto in map form as "Exhibit 1 ") and has installed the Water Distribution and
Sewage Collection System Improvements; and
WHEREAS, the Water and Sewer Developer's Agreement accepted and
executed by the City of Tamarac on September 22, 1993, for the Plum Bay Phase 3
Project requires Pulte Home Corporation to provide a Performance Bond (attached
hereto as "Exhibit 2") to the City of Tamarac for Water Distribution and Sewage
Collection System Improvements; and
Temp. Reso. #8707, July 29, 1999 2
WHEREAS, the Improvements were inspected, approved and are recommended
for acceptance by the Utilities Engineering Division; and
WHEREAS, the Bill of sale Absolute for this project was accepted and executed
by the City Commission on November 13, 1996, which began the one-year warranty
period on this date, and the Public Improvement Performance Bond was left in place for
the one-year warranty period; and
WHEREAS, it is the recommendation of the Director of Utilities that the Public
Improvement Performance Bond be released for the Plum Bay Phase 3 Project Water
Distribution and Sewage Collection System Improvements; 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 Performance Bond from Pulte Home Corporation for the Plum Bay
Phase 3 Project Water Distribution and Sewage Collection System Improvements and
waive the one-year Warranty Bond.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
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Temp. Reso. #8707, July 29, 1999 3
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: That the appropriate City Officials are hereby authorized to
release the Public Improvement Performance Bond in the amount of $91,720.00 for the
Water Distribution and Sewage Collection System Improvements for the Plum Bay
Phase 3 Project.
SECTION 3: That the City Clerk is hereby authorized and directed to
release to the Utilities Department, for return to Pulte Home Corporation, the Public
Improvement Performance Bond for the Plum Bay Phase 3 Project. The bond is in the
form of a Surety Bond #5865949 issued by Safeco Insurance Company of America, in
the amount of $91,720.00 for the Water Distribution and Sewage Collection System
Improvements installed for the Plum Bay Phase 3 Project, located on the northeast
corner of Commercial Boulevard and Nob Hill Road.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
1
Temp. Reso. #8707, July 29, 1999
SECTION 5: 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.
4
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
1999.
PASSED, ADOPTED AND APPROVED this"day of -'ZF
C[.
JOE SCHREIBER
MAYOR
ATTEST:
CAROL G(SD, CMC/AAE
CITY CLERK RECOF
MAYOR
I HEREBY CERTIFY that I have DIST 1:
app oved this RESOLUTION as DIST 2'
rzi/ DIST 3:
I M ) ,1 DIET 4:
MW/krs/mg
MITCH,3L K9AF
CITY ATTORNEY
EXHIBIT 1
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PLUM BAY PHASE 3
RELEASE OF PERFORMANCE BOND
"Exhibit 2"
BOND NO 5865949
SVBDIVISIONIMPROVEMENT PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That Pulte Home Corporation
having an address or 1350 E. Newport Center Drive #200, Deerfield Beach,
Florida 33442 as principals, and Safeco Insurance
_-Compan�,-of A,Mgr. ca having an address of
2800 W. Higgins Road Suite 1100, Hoffman Estates, IL 60195
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a corporation, existing under the laws of the State of Florida,
and having heretofore -complied with ail 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 ninety one thousand seven hundred twenty and 00/100 usd
Dollars ($ 91,720.00 ),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 Crate A. Smith & Assoc.
1000 W.McNab Rd,Pompano Bch, FL 33060 and approved by the Utilities
Director or his designee on January 2ra _ , 1996 for the
Water/Sewer Plum Bay Phase 3 Project
and to comply with requirements of Tamarac City Code Section 10-
156.
950814 1 SURETY
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
A
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.
950814 2 SURETY
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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 14th
day of March 19 96
SIGNED AND SEALED
IN THE PRESENCE OF:
Terry A. DDet s�onr.�,.,,
4 s t Principal)
Je e y J. �Iarris
Bernadette White
Mar Ellen Jacobson
h
Pulte Home Corporation
Calvin R. Boyd, Director of Treasury Operations
Attested by
See Attached
(Title)
Safeco Insurance Company of America
tle) for Su/'ety
J ice L. Lo ue, tt�f orne --in-Fact
Attested by
See Attached
(Title)
NOTE: The respective corporate seals should be affixed:
Approved as to Form
City Attorney
Countersigned by: _.A�,Ux.
George L. Frey
Approved as to Content
Utilities Director
950814 3 SURETY
iPFEC&
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. � AQ 1 1
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington
corporation, does each hereby appoint
"""CALVIN 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,
Michigan ■ M M X r X X"" X r""""""""""""" X M M M M M M M M M M X M X X X X"■ X M M M M X M""" M X X" M" X"""" M M M X M M M M M M X X M" X X""""
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 theeeby 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 11TH day of _ January tg 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 ANO 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 certifttate 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"
b 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 14th day of March , 19 96.
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S-975/EP 1103 0 Registered trademark of SAFECO Corporation.
. ACKNOWLEDGEMENT BY SURETY
STATE OF MICHIGAN )
)ss.
COUNTY OF OAKLAND)
On this 14th day of March, 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
Notary Public, Marcia G. Howard
Oakland County, Michigan
MR033
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ACKNOWLEDGEMENT BY PRINCIPAL
STATE OF MICHIGAN )
)ss.
COUNTY OF OAKLAND)
On this 14th day of March, 1996, 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
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