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HomeMy WebLinkAboutCity of Tamarac Resolution R-98-082Temp. Reso.#8139 February 11, 1998 1 Revision #1, March 5, 1998 CITY OF TAMARAC RESOLUTION NO. R-98- Sa 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 ST. PAULS FIRE AND MARINE INSURANCE COMPANY #JT8925 IN THE AMOUNT OF $63,517.00 SUBJECT TO THE RECEIPT OF A ONE-YEAR WARRANTY BOND IN THE AMOUNT OF $22,117.01 FOR THE WATER DISTRIBUTION AND SEWAGE COLLECTION SYSTEM IMPROVEMENTS INSTALLED BY PULTE HOME CORPORATION FOR THE PLUM HARBOR PHASE 4A 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 4A 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 Plum Harbor Phase 4A Water Distribution and Sewage Collection System Improvements located on Temp. Reso.#8139 February 11, 1998 2 Revision #1, March 5, 1998 the northeast corner of Nob Hill Road and Commercial Boulevard (attached 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 $63,517.00 (attached hereto as "Exhibit 2") subject to the receipt of a one-year Warranty Bond in the amount of $22,117.01 to the City of Tamarac for the Water Distribution and Sewage Collection System Improvements installed for the Plum Harbor Phase 4A 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 4A 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 4A Project Water Distribution and Sewage Collection System Improvements. Temp. Reso.#8139 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 $22,117.01 for the Plum Harbor Phase 4A 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 4A Project. The bond is in the form of a Surety Bond from St. Pauls Fire and Marine Insurance Company #JT8925 in the amount of $63,517.00 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. 1 1 Temp. Reso.#8139 February 11, 1998 4 Revision #1, March 5, 1998 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;?5 day of V , ..; ATTE T: CAROL LD, CMC/AAE CITY CLERK I HEWY CERTIFY that I have arwfovkWhis RESOLUTIObf as TR/dav/aml MITCHELL S. KF CITY ATTORN JOE SCHREIBER MAYOR RD OF: SCHREIBER MMIS MAYOR - DIST 1: COMM. MCKAYE DIST 2: V/M MISHKIN DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS VOTE EXHIBIT I 4-P • PEMP. RESO. # 8139 . .1 70 Sr 70 ST T 70 ST j 70 ST 70 ST g a MCNAB ROAD co > �W 8 TAMARAC g o a /// ~ ro a TAM AC BL a MARKET 68 PL v TAMARAC j� GAS ENS 3 �Pl LIME BA a GARDENS ail PLACE WEST /; ��, SEC, II 57 CT I , T. W. M I MA j �; WESTW❑OD 2 '%; / j%% 9 67 6j 66 a 66 CT P jj s6 sp CT %% � h 9G AV °� 66 ST /% 6 g W D. . WOOD I (SPYGLASS ri 6 �T 'W y W 65 C T / / /��4 ��9(,E y G�Wp05�7 ca // 0 94 TERR W W W THE VILLAGE g W y6s ST �wQ©� 3 o a L7 '` WEDGEWOOD LN w CD \,,��;, LAND SEC, 8 oC ST GOLF COURSE (63 *ST) Y H W � 77 ' w w u j N SANTA ROSSADR, 61 ST � N, GRAND DUKE C. Zi/ PUBLIC J a a r PATI❑ HUMS 6/ n Y d o ro> cu> Tm LD SERVICES W _ _ W ¢ I N, PLUM BAY PKWY a a 60 ST COMPLEX p Z mT w J U u RED HEART LN NORTH Z V3E ERMOSA 5 J PI W o LANE o j LANDINGS ON " a ' � ZZ w / CYPRESS OUTH�w ti =VERMOSAX ~ / GREENS 0 S. GRAND w Y LA BRA➢SHAW LN, u ro i DUKE C, L� a a w / WATERS PLUM P M H RBOR E. PLUM HARBOR WY. 59 CT EDGE HARBOR SITE V. G. C. PARK LOCATION \� (VISUAL GRAPHICS) GRAPHL I NE 58 \\\\\\\\BAY \ Dot THE TAMARAC pq \���\��\�\�\�\��\����\��\\\� x M I AM I JEW I SH © ��\\�\\\\\\\\\\\\\\\�\\�\\ ST❑R❑PACK HERALD CENTER F E Ro RPUSON 37 ST (CO RD 870) LY❑NS COMM SUB COMMERCIAL BLVD PLUMBY2. DWI PLUM HARBOR PHASE 4A PERFORMANCE BOND RELEASE • riXri1131'1' Temp. Reso.#8139 r , C�► u ► ; •: 13 ra Q:•►r KNOW ALL MEN BY THESE PRESENTS: That Pulte Home Corporation having an address of 1350 E. Newport Center Drive, Suite 200, Deerfield Beach, FL 33442 as Principals, and St. Paul Fire and Marine Insurance Company having an address of 300 S. Wacker Drive. Suite 1600, Chicago, IL 60606 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 sixty three _thousand five hundred seventeen and 00/100 USD Dollars ( �63,517.00 ) 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 to 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 & Asso. 1000 W. M -Nab Road, Pompano Beach, FL 33060 and approved by the City Engineer or his designee on _ 7a ujarM 26 19^96 ` for the Water/Sewer Plum Harbor Phase 4A Project and to comply with requirements of Tamarac City Code Section 10-156. 0 • The City is authorized to draw drafts at sight accompanied by a signed statement for the City of Tamarac or its authorized representative that: 1. The drawing is due to Pulte Home Corporation failure to construct the public improvements; 2. That the developer's obligations have not been completed and tYia City of Tamarac has been notified that the bond will not be extended; 3. That a warranty bond that is required by Tamarac City Code has not bccn provided. 0 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 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. 0 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 26th day of September 19 96 SIGNED AND SEALED IN THE PRESENCE OF: Todd Glaspie (As to Principal) Dawn L. Morgan Pulte Home Corporation y (Title)Bruce E. Robinson Director of Research & Analysis Attested by (Title) Marcia G. HowardL St. ul Fir 7 ;n,d rine Insurance Co. (Title) for Surety Bonnie Kruse Attorney-i n-Fact Attested by Alice Rhoads NOTE: The respective corporate seals should be affixed: City Attorney City Engineer ,j • ACKNOWLEDGEMENT BY PRINCIPAL STATE OF NUCHIGAN ) )ss. COUNTY OF OAKLAND) On this 26th day of September, 1996, before me , the undersigned authorized employee, personally appeared Bruce E. Robinson, who acknowledges himself to be Director of Research & Analysis 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 Corporaw&=,'by himself as such employee. My Commission Expires: March 26, 1998 Notary Public, Marcia G. Howard Oakland County, Michigan MH:033 �J My ..a,== Expo 1 S:8 • nva 0 1-11 ORP q 0 4 O ?. A' ro w Z a 00 o CLco n Oil 1- cp roaG ".dw.b C7� y n p. x O +. v+ ZIN 0 a. n 0 (/7 (D O ca. rr w G n p N O rD lb O L7 O f9 cr M .y+ O ^ G Z y W p= H ? O p rho � Al �. rD w , ""' w `� cop nj• � � ca^ . � ..y W ro� j Er go CD O H to • Z' y. w � O y m g�M l< jm a mn z x =r'" O 0 Q O n `^ r C)m wyr 7o F n aa� z r nnl �. Z o G ro'�O -ftC C1. a. 7d -•� y w ft.7y M d w eb i7 lbe aul S' 'AUL FIRE AND MARINE INSURANCE APANY CERTIFICATE OF Surety 385 Washington Street, St. Paul, Minnesota ,,j102 AUTHORITY NO. CERTIFIED For verification of the authenticity of this Power of Attorney, you may telephone toll free 1-$00-421-3880 acid ask for COPY NO. the Power of Attorney Clerk. Please refer to the Certificate of Authority No. and the named individual(s), F-14224 GENERAL POWER OF ATTORNEY - CERTIFIED COPY 1919209 (Original on File at Home Office of Company. See Certification.) W ALL MEN BY THESE PRESENTS: That St, Paul Fire and Marine Insurance Company, a corporation organized and existing under the laws of the State 01innesota, having its principal office in the City of St. Paul, Minnesota, does hereby constitute and appoint: James Scheer, Alice Rhoads, Richard M. Scheer, Bonnie Kruse, Dawn L. Morgan, Michael J. Scheer, Ann H. Scheer, James I. Moore, Stephen T. Ka=er, individually, LaGrange, Illinois its true and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. NOT TO EXCM IN PENALTY THE SUM OF FIFTY MILLION DOLLARS ($50 , 000 , 000) = and the execution or ait ,,.. alstrumentls) in pursuance of these presents, shall be as binding upon said St. Paul Fire and Marine Insurance Compa.iv, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed. and may be certified to and may be revoked, pursuant to and by authority of Article V.-Section 6(C), of the By -Laws adopted by the Shareholders of ST. PAUL FIRE AND MARINE INSURANCiE COMPANY at a meeting called and held on the 28th day of April. 1978, of which the following is a true transcript of said Section 6 (C): "The President or any Vice President. Assistant Vice President. Secretary or Service Center General Manager shall have power and authority (1) To appoint Attornevs-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Compaay thereto, bonds and undertakings, recognizances. contracts of indemnity and other writings obligatory in the nature thereof, and t'_l To appoint special Attomeys-in-fact, who are hereby authorized to certify to copies of any power -of -attorney issued in pursuance of this section and/or any of the By -Laws of the Company, and (3) To remove, at any time, any such Attomey-in-fact or Special Attomey-in-fact and revoke the authority given him." Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held or the 5th day of May. 1959. of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by 0 facsimile. and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and ;iny such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to uny bond or undertaking to which it is attached." rM.s,� IN TESTIMONY WHEREOF, St. Paul Fire and Marine Insurance Company has caused this instrument to be signed and its corporate JV ptRE 4 ""y seal to be affixed by its authorized officer, this 30th day of November, A.D. 1990. 4� �P w % ST. PAUL FIRE AND MARINE INSURANCE COMPANY STATE OF NEW JERSEY t n„s„„ County of Somerset ss. KENNETH J. RYAN, Secretary On this 22nd day of May 19 96 , before me came the individual who executed the preceding instrument, to me personally known. and, being by me duly sworn, said that he/she is the therein described and authorized officer of St. Paul Fire and Marine Insurance Company; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his/her signature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the township of Bedminster, New Jersey, the F s">Ery day and year first above written. �fVOTMY �� i r�� Ftlt3(1C !� OR NEW SE LINDA S Notary Public, Middlesex, NJ My Commission Expires December 16, 1996 CERTIFICATION 1, the undersigned officer of St. Paul Fire and Marine Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HONI E OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. C IN TESTIMONY WHEREOF, I have hereunto set my hand this 26th day of $2�e_iiibe r . 19 96 MICHAEL W. ANDERSON, Secretary Only a certified copy of Power of Attorney bearing the Certificate of Authority No. printed in red on the upper right comer 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 AMOUNT STATED ABOVE IS TOTALLY VOU) AND WITHOUT ANY VALIDITY. 29550 Rev, 1-96 Printed in U.A.A.