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Home My WebLink AboutCity of Tamarac Resolution R-98-031Temp. Reso.#8044 October 27, 1997 1 Revision #1, December 29, 1997 CITY OF TAMARAC RESOLUTION NO. R-98-- 9/ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO RELEASE A PUBLIC IMPROVEMENT WARRANTY POND IN THE FORM OF A SURETY BOND #JT8936 FROM ST. PAUL FIRE AND MARINE INSURANCE COMPANY IN THE AMOUNT OF $156,726.63 FOR THE WATER DISTRIBUTION AND SEWAGE COLLECTION SYSTEM IMPROVEMENTS INSTALLED BY PULTE HOME CORPORATION FOR THE PLUM BAY PHASES 1A, 1 B, 1 C, 2A, 2B, PLUM HARBOR PHASE 1 AND THE RECREATION CENTER PROJECT LOCATED ON THE NORTHEAST CORNER OF NOB HILL ROAD AND COMMERCIAL BOULEVARD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Pulte Home Corporation has constructed the Plum Bay Phase 1A, 1 B, 1 C, 2A, 2B, Plum Harbor Phase 1 and the Recreation Center Project Water Distribution and Sewage Collection System Improvements in accordance with the Site Plan approved by the City Commission on May 22, 1991; and WHEREAS, the Water and Sewer Developer's Agreement accepted and executed by the City of Tamarac on September 22, 1993, required Pulte Home Corporation to provide a Warranty Bond to the City of Tamarac for the Plum Bay Phase 1A, 1 B, 1 C, 2A, 213, Plum Harbor Phase 1 and the Recreation Center Project Water Distribution and Sewage Collection System Improvements located on the northeast Temp. Reso.#8044 October 27, 1997 2 Revision #1, December 29, 1997 corner of Nob Hill Road and Commercial Boulevard (attached hereto in map form as "Exhibit 1 " ); and WHEREAS, the Improvements were inspected, approved and are recommended for City ownership by the Utilities Engineering Division; and WHEREAS, Pulte Home Corporation has requested the release of a Public Improvement Warranty Bond in the form of a Surety Bond #JT8936 from St. Paul Fire and Marine Insurance Company in the amount of $156,726.63 (attached hereto as "Exhibit 2") for the Water Distribution and Sewage Collection System Improvements installed in the Plum Bay Phase 1A, 1 B, 1 C, 2A, 213, Plum Harbor Phase 1 and the Recreation Center Project; and WHEREAS, it is the recommendation of the Director of Utilities that the Public Improvement Warranty Bond be released for the Plum Bay Phase 1A, 1 B, 1 C, 2A, 2B, Plum Harbor Phase 1 and the Recreation Center 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 #JT8936 from St. Paul Fire and Marine Insurance Company in the amount of $156,726.63 from Pulte Home Corporation for the Plum Bay Phase 1A, 1 B, 1 C, 2A, 2B, Plum Harbor Phase 1 and the Recreation Center Project Water Distribution and Sewage Collection System Improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE Temp. Reso.#8044 October 27, 1997 3 Revision #1, December 29, 1997 CITY OF TAMARAC, FLORIDA: 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 $156,726.63 for the Plum Bay Phases 1A, 1 B, 1 C, 2A, 2B, Plum Harbor Phase 1 and the Recreation Center Project located on the northeast corner of Nob Hill Road and Commercial Boulevard 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 Public Improvement Warranty Bond for the Plum Bay Phase 1A, 1 B, 1 C, 2A, 213, Plum Harbor Phase 1 and the Recreation Center Project. The bond is in the form of a Surety Bond #JT8936 from St. Paul Fire and Marine Insurance Company in the amount of $156,726.63 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 I-] applications of this Resolution. SECTION 6: passage and adoption. ima Temp. Reso.#8044 October 27, 1997 4 Revision #1, December 29, 1997 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this // day of , ATTEST: PATRICIA MARCURIO, CMC ASSISTANT CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to fo TR/dav/aml CITY ATTORNEY 61 JOE SCHREIBER MAYOR RECORD OF COMM MAYOR SCH-REIBER DIST 1: COMM. McKAYE DIST 2: VIM MISHKIN DIST 3,' COMM, SULTAN' DIST 4: COMM. ROBEAT VOTE EXHIBIT 1 I* *l- TEMP. RESQ. # 8044 TAMARAC MARKET PLACE 70 ST 70 ST T 70 ST % 70 ST 70 ST g g co w m%� m MCNAB READ ¢ 7 r TAMA AC V a 68 PL TAMARAC GAR ENS %� E T a LIME BA GARDENSj� SEC. I I WES j%f/ji/ \xx�\� V. G. C. PARK (VISUAL GRAPHICS) 5B / GRAPHL I NE w H �� PLUM' SITE LOCATION THE TAMARAC X\\�. MIAG� D JEWISH ST❑R❑PACK HERALD Z \\\ \x\\\\\�\��\\\�\\��\�\\� CENTER FERGUSON 57 ST ��\ CORP. (C❑ RD 870) LY❑NS COMM SUB _ - -' ----- COMMERCIAL BLVD PLUMBY2. PLUM BAY PHASES 1A, 1B, 1C, 2A, 2B AND PLUM HARBOR PHASE 1 AND THE RECREATION CENTER WARRANTY BOND RELEASE NITZ EXHIBIT 2 Temp. Reso.#8044 Bond No. 7T8936 KNOW ALL VfEN BY THESE PRESENTS: That �u(t�c r e-mm�ryt,,,, � having an address of 1'; Nev rt ente v `ll) eert eld each 1 rida 33411i as Principals, and Sc. au Fire a e ur ce-QM.Py having an address of rve cite QI) a corporation existing under the laws of the State of Florida. and havM1-T herecofore complied with all the requirements of the laws of the State of Florida renularina the admission of such corporation to transact business in this Scare, as Surecv, are held and firmiv bound unto the City of Tamarac of Broward County. a Municipal Corporation of the State of Florida, having an address of 7515 Northwest 83th avenue. Tamarac, Florida 33321 in the nail and just sum or ne u e i t u ev n h dred rwe lawful money of the United Scares of America. for which sum well and truly to be paid co said City of Tamarac, the said Principal and the said Surety do hereby bind themselves. their heirs, executors, administrators, successors or assic' ,*is respectively, as the case may be, Jointly and severally. firmly by these presents. WHEREAS, in accordance with the terms of Section %i-5, as amended by Ordinance 76-3 ! . paragraph (b) of the Tamarac Ciry Code, these is a requirement that a bond in the amount of-5 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 compl-iance with said warranty bond requirements, said Principal is required to furnish a good and suf#icient 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 Ciry 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 shal l Il 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 or the Subdivision Improvements warranted by this inspect them for final release. If hband, the Director of Utilities or his designee ;hall is 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 Ciry or 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 ar Utilities, and, pursuant to public adve,, ,isement and receipt and acceptance of bids, cause said insufficiencies in design, workmanship and/or materials to be corrected. In such case. the Principal and Surery shall be jointly and severally liable hereunder to pav and indemnify said City upon the correction of said insufficiencies in design, workmanship and/or materials, the final total cast thereof, including but not limited to enaineering, legal and c R ontin�ent costs together with any damage. direct or consequential, which said Ciry"of Tamarac may sustain on account of the failure of the Principal to comply with all of the requirements her. -of. 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 WI7L"4-ESS 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 16 ch day of January 19 97 0 r� 1 I; SIGNED AND SEALED IN THE PRESENCE OF: FULTZ HOME CORPORATION ILI G Marcia G. Howard Calvin R. Boyd Director of Treasury Operations (Title) Attested by Garcia G. Howard ST. PAUL a.Yu I'AR-N= ITT Bonnie ,Kruse Attorney -in -Fact Aaeste'E by NOTE: Tine respective corporate seals should be afztxed: Approved as to Form City Attorney Approved as to Corite:xt Director of Utilities ° 1IeftaU' Sure ST UL FIRE AND vLkRLYE INSLTRANCE PAiYY CERTTFI on S ee St;_ Paul LATE OF rY .t35 wasrlingt G ,Minnesota s�'LO2 AUTHORIT'r [p., COPYO. For verification of the authenticity of this Power of Attorney, you may telephone toll Free 1-800-(21-38$0 and ask far COPY NO. � ; • the Power of Attorney Clerk Prase refer to the Certificace of authority No. and the named indtvidual(s)r -Z4224 GENERAL POWER OF ATTORNEY - CER'Ilk ']ED COPY (Original on File at Home Office of Company. See Certificatioa.) 9 9 W ALL ME' Y BY THESE PRESENTS: That St. Paul Eire and ,Marine buictrince Company, a corporation Organized and emsting under the laws of of �(innesotL having its pnncipal office in the City of SL Paul, Minnesota, does hemby constitute and appoint the Srzte James '&ep-r. .-�"llcea Rhoads, R hard M _ SC.lie�-Bonn-Le Kr �_,e CaWn L _ hiprcan , ''urhap-? J' �1_L_— " Scheer, :zzm H. Scher J m� r 's I_ 'Moore, S ePhen, T. Ka2nne-,- LaCr3r re , Ll.lzrois - r i nc ; u V , Its true and law;ili act0mey,,si-in-tact to execute, weal and deliver Car and on its behalf as surety, any and all bonds and underralcngs. recognizances. contracts of indemnity and other wnun;�s obligaeory in the nature thereof. which are or may be ailowed- required or permitted by law• statu,e. rule, re_�ulation, chntract or hdlCtwlye, ,Z c �z c-,� OF { —_:7" = i:0 _-QL I A I-RS (S_ U , Q Q ' and the _x all ini n or ail Puch :nstnamennst in pursuance or these presents. shall 'c as bun iing upon ;aid SL Pau! Fire and Marine [nsunnce Company, u fully and amply. o alb in[ents Ind pur^oses..ts lr :he tame had been my executed and acVic as l; d 7y its n iai S elected ore and a[ its n n nsu urcc iT ;ts Power of s ')f S . is a�cL FTR. and 'ttav be corttied to and ntav be 'evnked. ,pursuant to Ind by auchonry of .-kruc!e V,-Seczon otC). of L: c 3v-LAws adopted by s o'uc :ra sc—, ar ST. Scc-, nj ( : MARLNE IN5{:R -NCE CONIPaN at I meenna called and held on the _Sch day of April, 1973. or which the'allowing is a ,rue _ransc�ot of fiord Sec;:on � i Cl; _ 'The Prestdenr or env Vice P_iS51)tant Vice President, Secrerar✓ or Sery:ce Center Ge^e: 1 Manager ;hall ;lave Bower and author.'✓ t i Tu appoint �nomcvs-to-c3L% and to authonze them to :xcc::ce on behalf of the Company. and attach the Seal ut the Company ,hereto, ponds and underrak:nss. reco mzances.:ondacs or Indemmry and ocher writings obliearory in the narurc theredC, and _) To zap riv ,) the . -Laws s-,n-rat ;, who are hereby authorized co cemry th :optes of any power•of anomev issued in pursuance of his sec ion and/or env or he By -Laws of the Companv. and i 31 To remove, at any 4mc. env ;uch Actornev-in-tact or Soecia! .attomey- n-race and revoke the authonr✓ riven him.' Further. this Power •x' .aunme ✓ ;s .i ned ar[d sealed by the olluw racsimtle oursuant to resuluunn ur' [he Board of Direc;ors of sold Company adop[ed at a mctmn; duiv _ailed and e!U un Slay. 19 9, or .vnrcftrig is a rrue excerpt: the 5tn day aC :9 Vow therefore the ;cgna[ures of ,uch urt'"m and the ;cal of the Comcan may 7e u fixed to env facstmtle. and env such power of Iaomev or certt[icace hear n; such ,,aCS=lC sianacures or racs:ma eh;eal shrallt betovaliti and binding upon the Company and any ;uch power ;o C.:cec:r[cd and xr::ticcf by Cacstmtic ;tgna[ures and facstmtic seal shall be valid and bmdin� upon he C hany by any bond or undertaking co which :c ;s attached.' S ompanv in }fie rurure with respect co •r�"""'_""�+ IN TcSTT_MOtiY WHEREOF St. Paul Fire and :V(arine insurance Company aas caused :his insavmcnc to he ;[ ed and its corporate seal :o be atixed by its uurhonzeU ur ter. thus �Oth lay of N v a ember..�.D. 1y90. ST. PAL Z FLRE AND N(AR %E 1NSL:R NCE CO[,,fPAYy ;ST.•k E OF \4 fERSGV ��, County of Somerset 72-.d KrV�tETH 1. R'C,�N. Secretor✓ on thus _ day of :��T :a me known. and, being oy me duly ,worn, ;aid chat helsnc is the ttherem describcdrand uuchonz deofficerd f 3L Paulual 'NhO xFireeand Mad the rine cCnsuranee CompanyC chat the teal c[omd ro iaid instrument :s the Corporate Scat ur said Company; hat he said Corporate Seal and usher signature were duly Zfficrd by order of he Board a Directors of said Company. a i d "=,Irsz WHEREOF. [have hereunto set my hand and affixed my Official Seal, at the township a(Hedenunster. New Jersey. he day and year tics[ above written. LLNDA SkM IZS. Votary PIblic, Middlesex. N7 CERTIFICATIONMY Commission Expires December t6. 1996 OI. id undersigned ofticer of e Paul Fire and Marine insurance Company, do hereby cettnly hoc 1 have compared the foregoing copy or the Power ut Attorney and FFIC and the copy hf the 5c'.;uon of the By -Laws of ;aid Company as set Carch in said Power o' Aaoraey, with the ORICr INN Py f t Power r THE ney and OFFICE OF SAID COhfPA'Ny and that [he same are correct transcripts thereof, and or the whale of the said originals- and that the said Power of .attorney has not been revoked and is now m full force and effect. .y fV TESTIMONY WHEREOF. I have hereunto set my hand this 111111 �Otit1`°,�PV dayof January t9 57 MICHAEL W. ANDERSON, Secretary Only a certified copy of Power of Attorney be the Certificate of Authority No. printed in red on the upper right corner is binding. Photocopies, carbon copies or other reproductions of this document are invalid and not binding upon the Company. ANY INSTRUMENT ISSUED IN EXCESS OF THE PENALTY ANti(OUNT STATED ABOVE IS TOTALLY VOID AND WITHOUT ANY VALIDrPY. 9 • �v C7 r� ACKNOWLEDGEMENT BY PRINCIPAL STATE OF 2WCMGAIV ) COUNTY OF OAKLA1\iD) )ss. On this 17th day of January, 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. /fy Commission Expires. March ?b, 1998 Notary Public, Marcia G. Howard Oakland County, Michigan w 033 M 0 meStMui ACKNOWLEDGEMEYT OF ATTORNEY LN-FkCT TEOF iilinois LINTY OF ss. On this 16th day of January 19 a, before me, a Notary Public, within and for said County and State, personally appeared Bonnie Kruse to me personalty known, and known to me to be the ,kttorney-in-Fact of and for the ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Saint Paul, yinnesota, a corporation, created, organized and existing under and by virtue of the laws of the State of Minnesota, upon oath did say chat the corporate seal affixed co the attached instrument is the seal of the said Company; that the seal was affixed and the said instrument was executed by the authority of its Board of Directors; and he/sh acknowledge chat he,',he executed the said instrument as the free act and deede did also o " l AL SEAL S t 1077 ,aevy7 . a a5 '-inzed 7 iIC 'f,.': NC�+'IoaC • 0