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Home My WebLink AboutCity of Tamarac Resolution R-99-220Temp. Reso. #8708, July 29, 1999 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-99- c�a.O A RESOLUTION OF THE CITY COMMISSION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO RELEASE A PUBLIC IMPROVEMENT WARRANTY BOND IN THE FORM OF A SURETY BOND #5928331 FROM SAFECO INSURANCE COMPANY OF AMERICA, IN THE AMOUNT OF $32,044.64 FOR THE WATER DISTRIBUTION AND SEWAGE COLLECTION SYSTEM IMPROVEMENTS INSTALLED BY PULTE HOME CORPORATION FOR THE PLUM HARBOR PHASES 3A/313 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 Harbor Phases 3A/3B Project and installed the Water Distribution and Sewage Collection System Improvements in accordance with the Site Plan approved by the City Commission on February 10, 1993; and WHEREAS, the Water and Sewer Developer's Agreement accepted and executed by the City of Tamarac on September 22, 1993, requires Pulte Home Corporation to provide a one-year Warranty Bond to the City of Tamarac for the Plum Harbor Phases 3A/3B Project Water Distribution and Sewage Collection System Improvements, located on the northeast corner of Commercial Boulevard and Nob Hill Road (attached hereto in map form as "Exhibit 1 "); and Temp. Reso. #8708, July 29, 1999 2 WHEREAS, Pulte Home Corporation, has requested the release of a Public Improvement Warranty Bond in the form of a Surety Bond #5928331 from Safeco Insurance Company of America, in the amount of $32,044.64 (attached hereto as "Exhibit 2") for the Water Distribution and Sewage Collection System Improvements installed for the Plum Harbor Phases 3A/3B Project; and WHEREAS, the Improvements were inspected, approved and are recommended for acceptance for City ownership by the Utilities Engineering Division; and WHEREAS, it is the recommendation of the Director of Utilities that the Public Improvement Warranty Bond be released for the Plum Harbor Phases 3A/3B 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 Warranty Bond in the form of a Surety Bond #5928331 from Safeco Insurance Company of America in the amount of $32,044.64 from Pulte Home Corporation for the Plum Harbor Phases 3A/3B Project Water Distribution and Sewage Collection System Improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 1 Temp. Reso. #8708, 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 one-year Public Improvement Warranty Bond for the Water Distribution and Sewage Collection System Improvements in the amount of $32,044.64 for the Plum Harbor Phases 3A/3B Project, located on the northeast corner of Commercial Boulevard and Nob Hill Road in accordance with Section 10-156 of the City Code. SECTION 3: That the City Clerk is hereby authorized and directed to release to the Utilities Department, for return to Pulte Home Corporation, the Warranty Bond for the Plum Harbor Phases 3A/3B Project. The bond is in the form of a Surety Bond #5928331 from Safeco Insurance Company of America, in the amount of $32,044.64 for the Water Distribution and Sewage Collection System Improvement. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 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. �1 1 Temp. Reso. #8708, July 29, 1999 4 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. fk PASSED, ADOPTED AND APPROVED this day of , 1999. ATTEST: CAROL GOt , CMC/AAE CITY CLERK I HEREBY CERTIFY that I have approvq1 this RESOLUTION as to for MW/krs/mg rTCHEI CITY A JOE SCHREIBER MAYOR RECORD OF COMMISSIO T'E MAYOR SCHREIBER DIST 1 : COMM. PORTN DIST 2: V/M MIS KIH N DIST 3: COMM. S1)LTANOF DIST 4: COMM. ROBERTS EXHIBIT 1 0 l� TEMP. RESO. # 8708 70 ST L—) to- ST 70 ST T 70 ST g > :Icrl n' co > MCNAB ROAD TAMARAC cr, < TAM AC MARKET 03 PL TAMARAC GAR ENS LIME BAY E T �i GARDENS SEC. II PLACE WEST 67 CT I.T.W. MIMA WESTWOOD 2 67 ST 41/ w 67 W T OD 2 66 > 66 CT (yc ST 96 AV 66 ST X (7 6 D WOOD I (SPYGLAS tp %K A 65 cr 94 TE-RVE AOp�� V) 2 THE VILLAGE C3 -5- > c� /./, R Li La X, LAND SEC, 8 WEDGEWOOD LN z CD C ST 6OLr COURSE - - - - - - (63 - SITE SANTA ROSA 2R. 61 ST J4 > PUBLIC z LOCATION < N. GRAND DUKE C. PATIO HOMES 6 TiF '=3 c) > cu> SERVICES N. PLUM DAY PKWY z I D -E < cr' < 2� eq 6 ST COMPLEX RED HEART LN ,e Ld APm /F7, Z; NORTH U STANLEY LN, 59 P1 X/, X. z VERMOSA LANDINGS ON -j D LANE , z(j )U t CYPRESS N7H D a S. GRAND ERM&SA z BRADSHAW LN aGREENS L L ANE 04 DUKE C. 6, Jaie PLUM PMM H ZBOR WX E. PLUM HARBOR WY. 59 CT WATERS EDGE W, X N V.G.C. PARK ly- (VISUAL GRAPHICS) GRAPHLINE 58 X\ X\ N X\ Ld — > ST -J 5 THE TAMARAC C-0 0 z MIAMI EWISH STOROPACK HERALD z N\' CENTER FERGUSON 57 ST CORP. LYONS COMM SUB ICO RD 8711 COMMERCIAL BLVD PLUMBY2,DW( PLUM HARBOR PHASES 3A/3B RELEASE OF WARRANTY BOND "Exhibit 2" SUBDIVISION IMPROVEMENT WARRANTY BOND Project Name: PLUM HARBOR PHASES 3A/3B BOND No 5928331 KNOW ALL MEN BY THESE PRESENTS: That _Pulte Home Corporation having an address of 1350 E. Newport Center Drive Suite 200 as Principals, and Deerfield Beach, Florida 33442 SAFECO INSURANCE COMPANY OF AMERICA having an address 2800 W. Higgins Road, Suite 1100 of 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 two thousand forty four and 64/100 USD • Dollars ($ 32,044.64 ),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, as amended by Ordinance 93-23, 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 18 WHEREAS, in compliance with said warranty bond requirements, said Principal 950814 1 Wsurety.wpd 0 is required to furnish a good and sufficient bond in a surety company licensed to do business 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 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 Director of Utilities or his designee shall inspect them for final release. If his investigation reveals any insufficiencies, then he shall notify the Principal, in writing, 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 so to do within ninety (90) days 0 after said written notice by the Director of Utilities, and, pursuant to public 950814 2 Wsurety.wpd • 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 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 Director of Utilities for final acceptance and upon compliance by Principal with applicable conditions, as hereinabove 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 affixing their corporation names and seals hereto and causing their authorized representatives to sign these presents, pursuant to the authority of their governing bodies on this 30th day of March 19 98 0 950814 3 Wsurety.wpd i . SIGNED AND SEALED IN THE PRESENCE OF: -- • 11 Marcia G. Howard J, rlL� ka�� Marcia G. Howard Pulte Home Corporation (Title) Calvin R. Boyd, Director of Treasury Operatio s/^ A h Attested by (Title) Safeco Insurance Company of America (Title or Surety ,lane K. Bo ng Attorney--in-Fact Attested by (Title) NOTE: The respective corporate seals should be affixed: Approved as to Form City Attorney Countersigned by: l "I. �. George. L. Frey Approved as to Content Director of Utilities 950814 4 Wsurety:wpd n Ir NOW ALL BY THESE PRESENTS. LIMI I ED POWER OF ATTORNEY S. -O INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98155 No. 8011 at SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington )rporation, does each hereby appoint """"""""""a""SCOTT H. CAMPBELL; CALVIN R. BOYD; JANICE L. LOGUE; BRUCE E. ROBINSON; JAMES A. NEISSENBORN; JOHN R. STOLLER; MAUREEN E. THOMAS; JANE K. BOTTING; MICHAEL HOLLERBACH; Bloom— field, Michigan>F>lr,ea>,x>sa>E>t..ra,a...a��..x*.,..err...*x..>f....>sa...aara,sllaFrl>t lrx�laltx>fakrl. s true and lawful attorneys) -in -fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other )cuments of a similar character issued by the company in the course of its business, and to bind the respective company thereby in 7ounts or penalities not exceeding the sum n PONE MILLION DOLLARS AND NO/100********** ********** DOLLARS 0 1,000,000.00 ) 1 WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each cecuted and attested these presents this 04 day of September . 19 97 CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA -\rticle V. Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice •esident appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as :torneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and ther documents of similar character issued by the company in the course of its business ... On any instrument making or evidencing Bch appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking f the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, ,at 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, he signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." R. A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, io hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and )f 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 N WITNESS WHEREOF, 1 have hereunto set my hand and affixed the facsimile seal of said corporations this .41 ' 30t:h day of March _ 19 --n S-9751EP 1193 ® Registered trademark of SAFECO Corporation. ACKNOWLEDGEMENT BY SURETY STATE OF MICHIGAN )ss. COUNTY OF OAKLAND) On this 30th day of March, 1998, before me personally appeared Jane K. Botting, known to me to 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, 2002 MAItCIA G HOWARD OrPpRY PUBLIC STATE OF MICHICA�S? OAKLAND COUNTY Notary Public, Marcia G. Howard mycomN SSION W. MAR. 26 002 Oakland County, Michigan MR033 0 ACKNOWLEDGEMENT BY PRINCIPAL • 0 STATE OF MICHIGAN ) )ss. COUNTY OF OAKLAND) On this 30th day of March, 1998, 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, 2002 Notary Public, Marcia G. Howard _ Oakland County, Michigan MR03s ME G HOWARD OTARY CI PUBLIC STATE OF MICI RGAN OAKLAND COUNTY MY COMMISSION EXP. MAR. 26 002