HomeMy WebLinkAboutCity of Tamarac Resolution R-99-221Temp. Reso. #8709, July 30, 1999 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-99-_c�X I
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 #5928330 FROM SAFECO
INSURANCE COMPANY OF AMERICA, IN THE AMOUNT OF
$18,230.08 FOR THE WATER DISTRIBUTION AND SEWAGE
COLLECTION SYSTEM IMPROVEMENTS INSTALLED BY
PULTE HOME CORPORATION FOR THE PLUM HARBOR
PHASES 3C/3D 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
3C/3D 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 3C/3D Project Water Distribution and Sewage Collection System
Improvements, located on the northeast corner of Commercial Boulevard and Nab Hill
Road (attached hereto in map form as "Exhibit 1 "); and
Temp. Reso. #8709, July 30, 1999 2
WHEREAS, Pulte Home Corporation has requested the release of a Public
Improvement Warranty Bond in the form of a Surety Bond #5928330 from Safeco
Insurance Company of America, in the amount of $18,230.08 (attached hereto as
"Exhibit 2") for the Water Distribution and Sewage Collection System Improvements
installed for the Plum Harbor Phases 3C/3D 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 3C/3D 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 #5928330 from
Safeco Insurance Company of America in the amount of $18,230.08 from Pulte Home
Corporation for the Plum Harbor Phases 3C/3D Project Water Distribution and Sewage
Collection System Improvements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
1
1
Temp. Reso. #8709, July 30, 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 $18,230.08 for the Plum
Harbor Phases 3C/3D 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 3C/3D Project. The bond is in the form of a Surety
Bond #5928330 from Safeco Insurance Company of America, in the amount of
$18,230.08 for the Water Distribution and Sewage Collection System Improvements.
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.
Temp. Reso. #8709, July 30, 1999 4
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
�r �
PASSED, ADOPTED AND APPROVED this O Lday o4
,
1999.
ATTEST:
CAROL GO' , CMC/AAE
CITY CLERK
I HEREBY CERTIFY that I have
appr ed this RESOLUTION as
to f rm
MITCHEt
CITY A'
MW/krs/mg
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION
MAYOR, SC� HREIBE 1
DIST 1: COW PoRTN .j
DIST 2: V/M MISHIGN _
DIST 3: COW Stfl.T
DIST 4: W-MWRv_PER'r_'3_._
EXHIBIT 1
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PLUM HARBOR PHASES 3C/3D
RELEASE OF WARRANTY BOND
"Exhibit 2"
SUBDIVISION IMPROVEMENT WARRANTY BOND
Project Name: PLUM HARBOR PHASES 3C/3D - WATER/SEWER BOND NO 5928330
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 eighteen thousand two hundred thirty and 08/100 USD
• Dollars ($ 18, 230.08 ),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
WHEREAS, in compliance with said warranty bond requirements, said Principal
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950814 1 Wsurety.wpd
i
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
0 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
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
950814 3 Wsurety.wpd
. SIGNED AND SEALED
IN THE PRESENCE OF:
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"A r�
Marcia G. Howar
Marcia G. Howard
Pulte Home Corporation
Z�z )e 4/
(Title) Calvin R. Boyd, Director of Treasury
Operations
Attested by
(Title)
Safeco Insurance Com any of America
(Titl for Surety sane K. Bot ' g
Attorney--in-Fact
Attested by
(Title)
NOTE: The respective corporate seals should be affixed:
Approved as to Form
City Attorney
Countersigned by:
George L. Frey
Approved as to Content
Director of Utilities
950814 4 Wsurety:wpd
L ,TED POWER
OF ATTORNEY
SAFECO®
No.
A ALL BY THESE PRESENTS:
*ECO INSURANCE COMPANY OF AMERICA
UENERAL INSURANCE COMPANY OF AMERICA
HOME OFFICE: SAFECO PLAZA
SEATTLE. WASHINGTON 98185
8011
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington
corporation, does each hereby appoint
"""""""""""""SCOTT H. CAMPBELL; CALVIN R. BOYD; JANICE L. LOGUE; BRUCE E. ROBINSON; JAMES A.
WEISSENBORN; JOHN R. STOLLER; MAUREEN E. THOMAS; JANE K. BOTTING; MICHAEL HOLLERBACH; Bloom—
field. MICh(gan'�a""xxxxsraxarawaaaxaxsaax,�xa*xxxxx�c�cxsaaawaaaxxxxxxrxsxrxs>ixa�raraaa*aaaws
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 thereby in
amounts or penalities not exceeding the sum
ONE MILLION DOLLARS AND NO/100"*****************'�** 1,000,000.00
of DOLLARS 0)
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each
executed 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:
"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
GO 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 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 , 30th day of March 19 98
! ��, . µ i,lla ram- r,a . _.._^ .•.,
w i'. .1 1 � 1i �',:. r' �, L •f �. _. r •fir � Yu!
S-9751EP 1193 ® Registered trademark of SAFECO Corporation.
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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 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, 2002
Notary Public, Marcia G. Howard
Oakland County, Michigan
MH;033
LMARCIA G HOWARD
OTARY PUBLIC STATE OF MICHIGAN
OAKLAND COUNTY
MY COMMISSION EXP. MAR. 26 002
0
STATE OF MICHIGAN
ACKNOWLEDGEMENT BY PRINCIPAL
)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
-J - AL'-"")
Notary Public, Marcia G. Howard
Oakland County, Michigan
ME 033
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IGOTARYPUBLOAKMY COMMIS