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Home My WebLink AboutCity of Tamarac Resolution R-98-079Temp. Reso.#8147 March 2, 1998 1 CITY OF TAMARAC RESOLUTION NO. R-98-- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT A WARRANTY BOND FROM MORRISON HOMES OF FLORIDA, INC. FOR DRIVEWAY REPAIRS IN THE PLUM BAY PHASE 3 PROJECT NECESSITATED BY WASTEWATER SERVICE LINE REPAIRS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, Pulte Homes secured the necessary plan review and permits to construct a wastewater system within the public rights -of -way for the Plum Bay Phase 3 Project; and WHEREAS, Pulte Homes constructed the wastewater system within the public rights -of -way to serve the Plum Bay Phase 3 Project according to the approved site plans; and WHEREAS, Morrison Homes of Florida, Inc. subsequently acquired the Plum Bay Phase 3 project and modified the layout and location of the buildings and driveways within the Plum Bay Phase 3 project; and WHEREAS, the modified locations resulted in the shared wastewater service line Temp. Reso.#8147 March 2, 1998 2 wyes for some properties to be located under or in close proximity to the property driveways; and WHEREAS, any work completed by the City to resolve problems in the shared wastewater service wye at these properties may require the reconstruction of the affected property's driveway; and WHEREAS, the City should not be responsible for the costs of such driveway reconstruction; and WHEREAS, on the sixty (60) units in the Plum Bay Phase 3 Project to which Morrison Homes of Florida, Inc. still retained title, Morrison Homes of Florida, Inc. furnished a "hold harmless" agreement that will be properly and permanently filed with the property deed for each property within the project, which clearly absolves the City of any responsibility for reconstructing or replacing driveways due to wastewater service line construction or repair; and WHEREAS, there are seventeen (17) properties that Morrison Homes of Florida, Inc. had sold prior to the issuance of the "hold harmless" agreement, and for which they are now unable to issue the "hold harmless" agreements; and WHEREAS, Morrison Homes of Florida, Inc. has agreed to issue to the City a five-year warranty bond to cover the cost of the driveway repair or reconstruction 1 1 Temp. Reso.#8147 March 2, 1998 3 necessitated by repairs to the wastewater service lines; and WHEREAS, it is the recommendation of the Director of Utilities that a Warranty Bond from Morrison Homes of Florida, Inc. for driveway repairs or reconstruction necessitated by repairs to the wastewater service lines be accepted for the Plum Bay Phase 3 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 accept a Warranty Bond from Morrison Homes of Florida, Inc. for driveway repairs or reconstruction necessitated by repairs to the wastewater service lines in the Plum Bay Phase 3 project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 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 accept a Warranty Bond from Morrison Homes of Florida , Inc. (attached hereto as Ll 1 Temp. Reso.#8147 March 2, 1998 4 "Exhibit 1"), for driveway repairs or reconstruction necessitated by repairs to the wastewater service lines in the Plum Bay Phase 3 project. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 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 25 day of �� , 1998. ATTEST: A,4",e, AROL GOLD, CMC/AAE CITY CLERK I HEREBY CERTIFY that I have appr ed this RESOLUTI N as to r MITC E L L SIKW T CITY ATTORNEY MW/mw/aml JOE SCHREIBER MAYOR RECORD OF COMMI MAYOR — SCHREIBER Di$'i` 1,, COMM. McKAYE t 20 M MI HKIN bj % 8: OMM. ULTANC big* 4: MM. q0BERTS VOTE I:".- 311197 TUE 12:38 FAX 954 438 7422 H(IRRISON HOMES u EXHIBIT 1, TR 8147 r.� 0 WARRANTY BOND Bond ��322-605 Project Name: Plum Bay Phase 3 Morrison Homes KNOW ALL MEN BY THESE PRESENTS: That Morr.ison Homes of Florida, Inc. SUite #11G, having an address of 9050 Pines Blvd: , rmbrk Pines, FT, ?3G24 as Principals, and seaboard surety Company having an address of York Burnt Malls Rd. & Rte. 206, Bedminster, NJ 07921 a�Ccorporation, 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 Five Thousand Dollars ($5,000.00), 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, Pulte Homes secured the necessary plan review and permits to construct a wastewater system within the public rights -of -way for the Plum Bay Phase 3 Project, and 0 1„.,..3o 97 TUE 12:38 FAX 954 438 7422 NORRIS►)N H�►HES ZU(1.3 WHEREAS, Pulte Homes constructed the wastewater system within the public rights - of -way to serve the Plum Bay Phase 3 Project according to the approved site plans, and • WHEREAS, Morrison Homes subsequently acquired the Plum Bay Phase 3 project and modified the layout and location of the buildings and driveways within the Plum Bay project, and WHEREAS, the modified locations resulted in the shared wastewater service line - for some properties to be located under or in close proximity to the property driveways, and WHEREAS, any work completed by the City to resolve problems in the shared wastewater service wye at these properties may require the reconstruction of the affected property's driveway, and WHEREAS, the City should not be responsible for the costs of such driveway reconstruction, and WHEREAS, on the sixty (60) units in the Plum Bay Phase 3 Project to which Morrison Homes still retained title, Morrison Homes furnished a "hold harmless" agreement that will be properly and permanently filed with the property deed for each property within the project, which clearly absolves the City of any responsibility for reconstructing or replacing driveways due to wastewater service line construction or repair, and z 1 .0.•97 TCIE 12:35 FAX 954 438 7.122 H(IRRIS(►N HI)MES 01.104 WHEREAS, there are seventeen (17) properties listed in Attachment "A " to this document that Morrison Homes had sold prior to the issuance of the hold harmless" • agreement, and for which they are now unable to issue the "hold harmless" agreements, NOW, THEREFORE, to eliminate the City's responsibility to pay for the cost of driveway reconstruction due to construction or repair within the driveway area of the properties listed in Attachment "A", Morrison Homes has agreed to furnish this warranty bond for a period of five (5) years, such bond to fully cover the City's cost to reconstruct or replace driveways damaged by construction or repair of the wastewater service lines under or in close proximity to the driveways of the properties listed in Attachment "A". The condition of this obligation is such that if none of the properties that are listed in Attachment "A" have wastewater service line repairs or construction that require driveway replacement or reconstruction beginning from the date of formal acceptance of this bond by the City Commission of the City of Tamarac, then this obligation shall be void; else to continue in full force and effect. In such case that construction or repair on any of the wastewater service lines requires reconstruction or repair to the driveways listed in Attachment "A", the Principal and Surety shall be jointly and severally liable hereunder to pay and indemnify said City upon the said reconstruction or repair of the driveways, the final total cost thereof, including but not limited to materials, labor, 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. 3 • u At the completion of the established five year period, 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 bond, by resolution. The Principal and the Surety, jointly and severally, agree that said City of Tamarac shall have the right to repair and reconstruct driveways or cause this work to happen through subcontractors, that are impacted by the repair or construction of wastewater service lines at the properties listed in Attachment "A". IN WITNESS WHEREOF, the 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 Znd day of January SIGNED AND SEALED IN THE PRESENCE OF: (As to Principal) Ann DeCicco . codorniu In Morrison Homes of Florida, Inc. (Title) Eduardo A. C e President by Jeffrey Dworkin Assistant Secretary (Title) 12-: 10, 97 TUE 12: 39 FAX 954 438 7422 MORRISON HiIMES PAIM Seaboard Surety Company (Title) for Surety e meal by Countersigned: By: jj'/v")/ e--e Winnie L. Norris, Attorney -in -Fact ,- � — - --- an E. Beltran, FL Resident Agent (Title) NOTE: The respective corporate seals should be affixed: Approved as to Form City Attorney u Approved as to Content Director of Utilities NE5S1%iE�r�a�tQ yet mytarr�nffte.herp�ra For varifiratinn rrf the mrthPntirity of thin Power of Attomav you may rail. colleal, 908-658-3500 and ask for the Power of Attomey clerk. Please refer to the Pow. 6 02/10/98 WE 11 04 FAX 954 438 7422 FE8-10-98 TUE 09 : 31 f IM MORRISON HOMES ATTACHMENT A The Following houses are served in this Hold Harmless Agreement. LOT NUMJER ---D- -- 166 9860 South Grand Duke Circle 172 5870 East Grand Duke Circle 173 5880 East Grand Duke Circle 174 5890 East Grand Duke Circle 175 6900 East Grand Duke Circle 176 5810 East Grand Duke Circle 177 5920 East Grand Duke Circle 178 5930 East Grand Duke Circle 179 W0 (_ast Grand Duke Circle 124 5911 East Grand Duke Circle 196 5901 East Grand Duke Circle 196 5891 East Grand Duke Circle 197 5881 East Grand Duke Circle 199 9831 South Grand Duke Circle 200 9841 South Grand Duke Circle 225 5951 Fast Grand Duke Circle 226 5941 East Grand Duke Circle l F. D2a 002 l�o��o� klot-lam of ��OflU�NC-