HomeMy WebLinkAboutCity of Tamarac Resolution R-98-083Temp. Reso.#8140 February 11, 1998 1
Revision #1, March 5, 1998
CITY OF TAMARAC
RESOLUTION NO. R-98- '23
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 #JT8926 IN THE AMOUNT OF
$32,802.00 SUBJECT TO THE RECEIPT OF A ONE-YEAR
WARRANTY BOND IN THE AMOUNT OF $9,266.50 FOR
THE WATER DISTRIBUTION AND SEWAGE COLLECTION
SYSTEM IMPROVEMENTS INSTALLED BY PULTE HOME
CORPORATION FOR THE PLUM HARBOR PHASE 4B
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 4B
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 Pulte
Home Corporation Water Distribution and Sewage Collection System Improvements
located on the northeast corner of Nob Hill Road and Commercial Boulevard (attached
Temp. Reso.#8140 February 11, 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
$32,802.00 (attached hereto as "Exhibit 2") subject to the receipt of a one-year
Warranty Bond in the amount of $9,266.50 to the City of Tamarac for the Water
Distribution and Sewage Collection System Improvements installed for the Plum Harbor
Phase 4B 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 4B 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 4B Project Water
Distribution and Sewage Collection System Improvements.
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Temp. Reso.#8140 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 $9,266.50 for the Plum Harbor Phase 4B
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 413 Project. The bond is in the form of Surety Bond from St. Pauls Fire
and Marine Insurance Company #JT8926 in the amount of $32,802.00 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.#8140 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: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this25day of L 1998.
ATTEST:
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CARD LD, CMC/AAE
CITY CLERK
I HEREBY CERTIFY that I have
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JOE SCHREIBER
MAYOR
RECORD OF COMMIS,
YOR SCHREIBER
DIST 1: —COMM. McKAYE ,
DIST 2: V/M MISHKIN
DIST 3: COMM. SULTANOF
DIST 4: --COMM• ROBERTS
VOTE
EXHIBIT 1
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EXHIBIT 2
Temp. Reso.#8140
&T8926
KNOW ALL MEN BY THESE PRESENTS: That P.ulte 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,
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 thirty two thousand eight hundred
two and 00/100 uSD Dollars ( $32,802.00 )
lawful money of the United States of America, for which sum well and Holy 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 & Assoc., 1000 W. McNab
Road, Pompano Beach, FL 33060
and approved by the City
Engineer or his designee on JanuarX 26 , 19 96 for the
Water/Sewer Plum Harbor Phase 4B Project and to
comply with requirements of Tamarac City Code Section 10-156.
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. 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
failure to construct the public improvements;
-"---NNMW 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
Principal each unless the said Surety and/or the saidprovide written notice to the City
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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.
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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 26th day of September 96
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SIGNED AND SEALED
IN THE PRESENCE OF:
Pulte Home Corporation
Todd Glaspie
(As to Principal) � _ —. _—
(Title) Bruce E. Robinson
Director of Research & Analysis
Attested by
. "'� � � r A % k
(Title) Marcia G. Howard
St aul Pi an Marine insurance CO.
�Title)orS
furety Bonnie Kruse Attorney -in -Fact
Dawn L. Morgan
Attested by Alice Rhoads
NOTE: The respective corporate seals should be affixed:
City Attorney City Engineer
TOTAL P.07
ACKNOWLEDGEMENT BY PRINCIPAL
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STATE OF MICHIGAN )
)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
Corporat:--o—.. 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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110STPh ll ST `kUL FIRE AND MARINE INSURANCE C 'PANY CERTIFICATE OF
Surety ;5 Washington Street, St. Patd, Minnesota _ A2 AUTHORITY NO.
FERTIFIED For verification of the authenticity of this Power of Attorney, you may telephone toll free 1-800421-3880 and 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 1919210
(Original on File at Horne 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
nesota, 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, Dalarl. L. Morgan,
Michael. J. Scheer, Aral H. Scheer, James I. Moore, Stephen T. Kazmer, individually,
LaGrange, Illinois
its true and lawful attorney(s)-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, contractor
otherwise,
NOT To Ex=) JN PENALTY THE SW OF FIFTY =,LION DOLLARS ($50 , 000 , 000) EACH
and the execution of all sucn Lnstrument(s) in pursuance of these presents, shall be as binding upon said St. Paul Fire and Marine Insurance Company, 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 M.A RINE INSURANCE 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 Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and
undertakings, recognizances. contracts of indemnity and other writings obligatory in the nature thereof, and
(2) 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 Attorney -in -fact or Special Attomey-in-fact and revoke the authority given him."
Further, this Power of Attomey 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 on 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
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
any 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
any bond or undertaking to which it is attached."
��ap�u IN TESTIMONY WHEREOF, SL Paul Fire and Marine Insurance Company has caused this instrument to be signed and its corporate
J� Ftae 6 seal to be affixed by its authorized officer, this 30th day of November, A.D. 1990.
ST. PAUL FIRE AND MARINE INSURANCE COMPANY
Otis Gp. STATE OF NEW JERSEY 1ss
nG N,^„Noy County of Somerset f KENNE H 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
AS►ter day and year first above written.
.G-
a
� NEW
LINDA S Notary Public, Middlesex, NJ
My Commission Expires December 16, 1996
CERTIFICATION
I, 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 HOME
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.
pl0.[ 4
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IN TESTIMONY WHEREOF, I have hereunto set my hand this
c°• 26th
�Hcf day of t , 19 _ Qr MICHAEL ANDERSON, Secretary
Only a certified cr-py of Power of Attorney bearing 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 AMOUNT STATED ABOVE IS TOTALLY VOID AND WITHOUT ANY VALIDITY,
29550 Rev. 1-96 Printed in U.S-A.