HomeMy WebLinkAboutCity of Tamarac Resolution R-98-080Temp. Reso.#8141 February 11, 1998 1
Revision #1, March 5, 1998
CITY OF TAMARAC
RESOLUTION NO. R-98- gO
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 FROM SAFECO INSURANCE COMPANY
OF AMERICA #5865950 IN THE AMOUNT OF $106,274.00
SUBJECT TO THE RECEIPT OF A WARRANTY BOND IN
THE AMOUNT OF $ 32,044.64 FOR WATER DISTRIBUTION
AND SEWAGE COLLECTION SYSTEM IMPROVEMENTS
INSTALLED BY PULTE HOME CORPORATION FOR THE
PLUM HARBOR PHASE 3A/3B 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 Harbor Phase
3A/313 Project and has 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 Warranty Bond to the City of Tamarac for the Pulte Home
Corporation Water Distribution and Sewage Collection System Improvements located
on the northeast corner of Nob Hill Road and Commercial Boulevard (attached hereto in
map form as "Exhibit 1 "); and
Temp. Reso.#8141 February 11, 1998 2
Revision #1, March 5, 1998
WHEREAS, Pulte Home Corporation has requested the release of a Public
Improvement Performance Bond in the form of a Surety Bond in the amount of
$106,274.00 (attached hereto as "Exhibit 2") subject to the receipt of a one-year
Warranty Bond in the amount of $32,044.64 to the City of Tamarac for the Water
Distribution and Sewage Collection System Improvements installed for the Plum Harbor
Phase 3A/3B Project; and
WHEREAS, the Improvements were inspected, approved and are recommended
for acceptance for a one-year warranty period by the Utilities Engineering Division; and
WHEREAS, it is the recommendation of the Director of Utilities that the Public
Improvement Performance Bond be released for the Plum Harbor Phase 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 Performance Bond subject to the receipt of a one-year Warranty
Bond from Pulte Home Corporation for the Plum Harbor Phase 3A/3B Project Water
Distribution and Sewage Collection System Improvements.
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Temp. Reso.#8141 February 11, 1998 3
Revision #1, March 5, 1998
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 the one-year Warranty Bond for the Water Distribution and Sewage Collection
System Improvements in the amount of $32,044.64 for the Plum Harbor Phase 3A/3B
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
Performance Bond upon acceptance of the one-year Warranty Bond for the Plum
Harbor Phase 3A/3B Project. The bond is in the form of Surety Bond from Safeco
Insurance Company of America #5865950 in the amount of $106,274.00 for the Water
Distribution and Sewage Collection System Improvements.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
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Temp. Reso.#8141 February 11, 1998 4
Revision #1, March 5, 1998
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.
SECTION 6:
passage and adoption.
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this .Z-S day of ;Vl. 1998.
ATTEST:
CAROL OLD, CMC/AAE
CITY CLERK
I HEREBY CERTIFY that I have
aDnMved this RESOLUTION as
TR/dav/aml
MITCHELL S. WAF
CITY ATTORNEY
JOE SCHREIBER
MAYOR
RECORD OF Comm]
MAYOR SCHREIBER
DIST 1: COMM. McKAYE
DIST 2: WM MISHKIN
DIST 3: COMM„ SULTANOF
DIST 4: COMM ROBERTS
VOTE
EXHIBIT I
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TEMP. RESO. # 8141
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EXHIBIT 2
Temp. Reso.#8141
BOND NO 5865950
SUBDIVISION IMPROVEMENT PERFORMANCE BOND
SNOW rLi :IEN 3Y "HESE ?RESENTS : -hat Pulte Home Corporation
raving an address of 1350 E. Newport Center Drive #200, Deerfield Beach,
Florida 33442 as Erincipals, end Safeco Insurance
Company of America having an address of
2800 West Higgins Road, Suite 1100, 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 one hundred five thousand eight hundred
twenty.four and 00/100
Dollars ($ 105,824.00 ),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 Craig A. Smith &_Assoc.
1QQ0 W.McNab Rd.. Pompano Bch, FL 33060and approved by the Utilities
Director or his designee on January 26 , 1996 for the
_ yiaerand Sewer Plum Harbor Phases 3A/3B Pro j ect
and to comply with requirements of Tamarac City Code Section 10-
156,
950814 1 SURETY
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The City Is auWhori zed arasa drams at slam. nccombanied
Cy a signed statement -or t o C;ty of Tamarac i-s authorized
representative that:
he _rawi^f ue = Pulte Home Corporation's
failure to construct the public improvements;
2. That the developer's obligations ',lave not been
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
a 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.
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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 1 1996
SIGNED AND SEALED
IN THE PRESENCE OF:
Terry A. Peason
(As tof Principal)
Jeffery J. Harris
Bernadette White
�9
Mary Ellen Jacobson
Pulte Home Corporation
Calvin R. Boyd, Director of Treasury Operations
Attested by
See Attached
(Title)
Safeco Insurance Company of America
'tle) for�y
Ja ice L. Loizue. Attornev-in-Fact
Attested by
See Attached
(Title)
NOTE: The respective corporate seals should be affixed:
Approved as to Form
City Attorney
Countersigned by:-1,;._,
George L. Frey
950814
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Approved as to Content
Utilities Director
SURETY
LIMITED POWER SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
OF ATTORNEY HOME OFFICE: SAFECO PLAZA
4FECO0 SEATTLE, WASHINGTON 98185
No. 8011
KNOW ALL BY THESE PRESENTS:
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,
MichiganN■NNNMMMMMMMMMMMMMMIIMMMNNMNMNMMMNMNNNNNNNNNMMMMNMMNNNMNNNNNNNNNNNMNNNNMNMNNNNNNNNNNN
its true and lawful attorney(s)-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
of ONE MILLION AND NO/100***************************** DOLLARS (S 1.000A000.00 )
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each
executed and attested these presents
this 1 1 T H
day of January 19 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 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
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,"
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 14th day of March
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19 96
S-975/EP 1/93 ® 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
I a � (?-I( ) - ()J) �ruj
Notary Public, Marcia G. Howard
Oakland County, Michigan
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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
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Notary Public, Marcia G. Howard
Oakland County, Michigan
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SURETY RIDER SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
FIRST NATIONAL INSURANCE COMPANY
OF AMERICA
HOME OFFICE SAFECO PLAZA
SEATTLE. WASHINGTON 98186
Registered trademark of SAFECO Corporation.
5-443/EP 3/90 PRINTED IN U.S.A.
LIMITED POWER SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
OF ATTORNEY HOME OFFICE: SAFECO PLAZA
JiFIEC00) SEATTLE. WASHINGTON 98185
No. 8011
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington
corporation, does each hereby appoint
NNNCALVIN 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,
M I C h I g a n N M N M M M M N N M M M M N N M M M N N N N N N N M N M M M N M N M N M N N M M M M M N M N N M M M M M N M N M N M N N N N N M N N N N N N N M M M M N M M N N N M M N
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 penalitles not exceeding the sum
of ONE MILLION AND NO/100***************************** DOLLARS ($ 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 1 1 T H
day of January , 19 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 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
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."
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
C]
21st day of March
5-975/EP 1/93 0 Registered trademark of SAFECO Corporation.
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ACKNOWLEDGEMENT BY SURETY
STATE OF MICHIGAN )
)ss.
COUNTY OF OAKLAND)
On this 21 st 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
T4otary Public, Marcia G. Howard
Oakland County, Michigan
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ACKNOWLEDGEMENT BY PRINCIPAL
STATE OF MICHIGAN )
)ss.
COUNTY OF OAKLAND)
On this 21 st 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
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