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Home My WebLink AboutCity of Tamarac Resolution R-98-081Temp. Reso.#8137 February 10, 1998 1 Revision #1, March 5, 1998 CITY OF TAMARAC RESOLUTION NO. R-98- 43 / 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 #5870849 IN THE AMOUNT OF $56,039.00 SUBJECT TO THE RECEIPT OF A ONE-YEAR WARRANTY BOND 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 PHASE 3C/3D 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 3C/3D 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 one-year Warranty Bond to the City of Tamarac for the Plum Harbor Phase 3C/3D Water Distribution and Sewage Collection System Improvements located on the northeast corner of Nob Hill Road and Commercial Boulevard (attached Temp. Reso.#8137 February 10, 1998 2 Revision #1, March 5, 1998 hereto in map form as "Exhibit 1 "); and 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 $56,039.00 (attached hereto as "Exhibit 2") subject to the receipt of a one-year Warranty Bond in the amount of $18,230.08 to the City of Tamarac for the Water Distribution and Sewage Collection System Improvements installed for the Plum Harbor Phase 3C/3D 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 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 Performance Bond subject to the receipt of a one-year Warranty Bond from Pulte Home Corporation for the Plum Harbor Phase 3C/3D Project Water Distribution and Sewage Collection System Improvements. 1 Temp. Reso.#8137 February 10, 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 $18,230.08 for the Plum Harbor Phase 3C/3D 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 3C/3D Project. The bond is in the form of Surety Bond from Safeco Insurance Company of America #5870849 in the amount of $56,039.00 for the Water Distribution and Sewage Collection System Improvements. SECTION 4: All resolutions or parts of resolutions in conflict herewith are FJ Temp. Reso.#8137 February 10, 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: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this, �Lday of Qi1,' 1998. ATTEST: CAR OLD, CMC/AAE CITY CLERK I HERBY CERTIFY that TR/dav/aml this RES,OLULTION as ITCHELL S. CITY ATTO 6 zf7�n�- - JOE SCHREIBER MAYOR RECORD OF COMMISS MAYOR SCHREIBER DISTII: COMM. MCKAYE DIST 2: WM MI SHKIN DIST 3: COMM. SULTANOF DIST 4:.-00MM. ROBERTS_. VOTE EXHIBIT 1 TEMP. RESQ. # 8137 is C] %.. T 70 sT 70 ST 70 ST jj 70 ST 70 ST g a' g MCNAB ROAD TAMARAC OD 8 Q a /j 0 > MARKET 6g PL TAMARAC TAM % GAR AC ENS a�V a w p� LIME BA PLACE GARDENS %/ WEST E T a SEC. II / / / / ��ii//i/' ii��ii�i�iii�iiir�r/ice✓i/i � / ��' �' �r/�� /ir � o 67 CT I, T, W, MIMA j /� WESTW❑❑D 2 67 ST 0' w 67 W T ❑ D w 66 > 66 CT ST // W w Fj�j ^ 96 AV jr/ 66 ST `oN w r w w W D. WOOD 1(SPYGLASS 09 9 /jr °��cv` bQ w w / /// 65 CT ��6�� % V' 94 TERR aE9 �6A w THE VILLAGE 6S 41�dp 8 a d w % x w w w W ST ��DGE w rLO / `y zz SITE w WEDGE(W6❑3ODS w n TLN ST GOLF COURSE L9WCAPOY LAND SEC. 8 f T. 61 sr 3¢ Vi a PUBLIC �SANTA N. GRAND DUKE C. - N RnsA DR. w PATIO ❑ H❑ ME 6 �� Tm SERVICES aJ u i J a M7 CU7 a a I N. PLUM BAY PKWY a L 60 ST mT / COMPLEX Z It ; w c! NORTH c; STANLEY LN, i /// / / 7. /// RED HEART LN w A i J J VERMOSA LANE 59 Pl j/ LANDINGS ❑N zUm w a sOurH =VERMOSA �� a r CYPRESS D S, GRAND w Y m LANE fBRA➢SHAW LNwd c� ,r GREENS 3Q DUKE C. 4 a PLUM PIJUM H RBOR WX E, PLUM HARBOR WY, 59 CT / WATERS HARB❑R \. \\. \\. �. \ \, // EDGE V. G. C. PARK r (VISUAL GRAPHICS) j Q \\\\\\�\\��\\\�\\\\�\��\�\ GRAPHL I NE 58 > ST \\P L UM \-�\��\\ m THE TAMARAC MIAMI \\\\\\\\\�\\\�\\\\\� ST❑R❑PACK JEWISH p ��\\\�\\\ HERALD CENTER Z0 \\:-., ��\��\\��\��\�� FERGUSON 57 ST CORP. \\\�� (CO RD 870) LY❑NS COMM SUB COMMERCIAL BLVD PLUMBY2,DWG PLUM HARBOR PHASE 3C/3D PERFORMANCE BOND RELEASE EXHIBIT 2 Temp. Reso.#8137 BOND NO 5870849 KNOW ALL MEN BY THESE PRESENTS: That Pulte Home Corporation having an address of 1 Deerfield Beach, FL 33442 as Principals, and Safeco Insurance Com an of America having an address of 2800 W. Hi ins 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 Sroward 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 fifty six thousand thirty nine and 00/100 40 Dollars ($ 56,039.00 ),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. 1000 W. McNab Rd, Pompano Bch, FL 33060 and approved by the Ut i i i t i es Director or his designee on _ January 26 192.6 _ for the Project and to Qomply with requirements of Tamarac city Code Section'10 156. 0 950814 1 SURETY The City is authorized to draw drafts at by a signed statement sight accompanied representative that: for the City of Tamarac or its authori--eci �• The drawing is due to Pulte H6me Corporation's failure to construct the public improvements; 2. That, the developer's obligations have 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 0 registered mail of their intent to terminate the credit herein extended, which notice must be provided at prior to the expiration date aftheoriginal term hereof or east sixty (Gaydays one (1) year term, or unless the City of Tamarac returns th any original letter' of credit together with notification that tit 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. IE WITNESS WHEREOF, the above bounden parties have executed 9508140 z SURETY • • 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 14tta day of May 96 r 19......... �_ SIGNED AND SEALED IN THE PRESENCE OF: 2" �L� -_ ram• Kim Sorrensan mot. Bernad(eAttetM. White lison L. Williams / Judith A. Derby Pulte Home Corporation (Title) Jane K. Botting, Accounting Manager Attested by ;deco Insurance, Company of America (Title) (T le) for Surety Janice L. Logue Attorney -in -Fact See Attached Attested by (Title) NOTE: The respective corporate seals should be affixed: City Attorney Countersigned by: George L. Frey 9508190 3 UTILITIES DIRECTOR SURETY e LIMITED POWER GENERA INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE. SAFECO PLAZA JECHO SEATTLE. WASHINGTON ti8185 No. 8011 1OWK ALL SY 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, M i c h i g a n N N N N N x N N N N N N N N N N N N N N N N N N N N N a N N N N N N N N N N N N N N N N N t N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N 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 penalities not exceeding the sun of ONE MILLION AND NO/ 100*"***"***"******************* DOLLARS (S 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 CERTIFICATE day of January 10 96 Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA 0 and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V. Section 13. - FIDELITY ANO 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 (Ili) 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 14TH MAY this day of ® Registered trademark of SAFECO Corporation. ACKNOWLEDGEMENT BY SURETY STATE OF MICHIGAN ) )ss. COUNTY OF OAKLAND) On this 14th day of May, 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 Notary Public, Marcia G. Howard Oakland County, Michigan MR033 0 -.R 0 0 ACKNOWLEDGEMENT BY PRINCIPAL STATE OF MICHIGAN ) )ss. COUNTY OF OAKLAND) On this 14th day of May, 1996, before me, the undersigned authorized employee, personally appeared Jane K. Botting, who acknowledges herself to be Accounting Manager of Pulte Home Corporation and that she 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 herself as such employee. My Commission Expires: March 26, 1998 Notary Public, Marcia G. Howard Oakland County, Michigan MH:033 WJiCLA G. Flp6�Rr p QdkM C=0J ,W l' Cyr &Pwe