HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-252Temp. Reso.#8616
August 29, 2000 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2000- a2s-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO RELEASE A PUBLIC
IMPROVEMENT WARRANTY BOND IN THE FORM OF A
SURETY BOND #5912075 FROM SAFECO INSURANCE
COMPANY OF AMERICA, IN THE AMOUNT OF $55,903.88
FOR THE WATER DISTRIBUTION AND SEWAGE
COLLECTION SYSTEM IMPROVEMENTS INSTALLED BY
PULTE HOME CORPORATION, FOR THE LAND SECTION 6
PHASE 2 PROJECT LOCATED BETWEEN McNAB ROAD
AND SOUTHGATE BOULEVARD WEST OF NW 108`h
TERRACE; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Pulte Home Corporation, has constructed the Land Section 6 Phase 2
Project and installed the Water Distribution and Sewage Collection System Improvements
in accordance with the Site Plan approved by the City Commission on February 9, 1994;
and
WHEREAS, the Water and Sewer Developer's Agreement accepted and
executed by the City of Tamarac on February 15, 1994, requires Pulte Home
Corporation, to provide a one-year Warranty Bond to the City of Tamarac for the Land
Section 6 Phase 2 Project Water Distribution and Sewage Collection System
Improvements located between McNab Road and Southgate Boulevard west of NW
1081h Terrace (attached hereto in map form as "Exhibit 1 "); and
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Temp. Reso.#8616
August 29, 2000 2
WHEREAS, Pulte Home Corporation, has requested the release of a Public
Improvement Warranty Bond in the form of a Surety Bond #5912075 from Safeco
Insurance Company of America, in the amount of $55,903.88 (a copy of which is
attached hereto as "Exhibit 2) for the Water Distribution and Sewage Collection System
Improvements installed for the Land section 6 Phase 2 Project; and
WHEREAS, the Improvements were inspected, approved and are recommended
for acceptance for City ownership by the Utilities Engineering Division; and
WHEREAS, it is the recommendation of the Director of Utilities that the Public
Improvement Warranty Bond be released for the Land Section 6 Phase 2 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 Warranty Bond in the form of a Surety Bond #5912075 from
Safeco Insurance Company of America, in the amount of $55,903.88 from Pulte Home
Corporation, for the Land Section 6 Phase 2 Project Water Distribution and Sewage
Collection System Improvements.
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.
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Temp. Reso.#8616
August 29, 2000 3
SECTION 2: That the appropriate City Officials are hereby authorized to
release the one-year Public Improvement Warranty Bond for the Water Distribution and
Sewage Collection System Improvements in the form of a surety bond in the amount of
$55,903.88 for the Water Distribution and Sewage Collection System Improvements
installed by Pulte Home Corporation for the Land Section 6 Phase 2 Project located
between McNab Road and Southgate Boulevard west of NW 108'h Terrace in
accordance with Section 10-156 of the City Code.
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.
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passage and adoption.
This Resolution shall become effective immediately upon its
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2000.
Temp. Reso.#8616
August 29, 2000 4
PASSED, ADOPTED AND APPROVED this a7 day ofA*tz�,
.. 1. : ,
ATTEST:
J.d
MARIQ ,SVIENSON, CMC
"CO CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION
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MITCHEI-4 S. RAFT
CITY ATITURNEY
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JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE
MAYOR SCHREIBER
DIST t: COMM. PORTNER
DIST 2: COMM. MISHKIN
DIST S: COMM. SUL.TANOF
DIST 4: VIM ROBERTS
EXHIBIT 1
TEMP. RESO. #8616
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WARRANTY BOND RELEASE
"Exhibit 2"
KNOW ALL MEN BY THESE~ PRESENTS: That PulteHome Corporation
1350 E. Newport Center Dr. Ste 200
having an address of Deerfield Beach,_ FL__ 33442 _ as Principals, and
Safeco Insurance Company of America
having an addnass of
2800 W. Higgins Road, Ste 1100
H 60195 a corporation, existing
under the laws of the State of Florida, and having heretofore compiled with all the
requirements of the laws of the State of Florida regulating the admission of such
corporation to transact business In thFa 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
sumof fifty five thousand nine hundred three and 88/100 Dollars ($5 5, 9 0 3. 88
},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, In accordance with the terms of Section 24-5, as amended by
Ordinance I6-21, paragraph (b) of the Tamarac City Code, there Is a requirement that a
bond in the amount of 25 percent of the actual cost of the Subdivision Improvements be
posted upon formal acceptance of said Subdivision Improvements by the City Commission,
and
WHEREAS, in compliance with said warranty bond requirements, said principal Is
required to furnish a good and sufficient bond In a surety company licensed to do business
950814 1 Wsurety.wpd
In the State of Florida conditioned upon the correction of all insufficiencies in design,
workmanship and/or materials which are found within one year of the date of the formal
acceptance of the Subdivision Improvements by the City Commission of the City of
Tamarac, Florida.
NOW, THEREFORE, the condition of this obligation Is such that if the said
Principal, its successors, legal representatives or assigns shall have made all corrections
and shall have paid all claims for the cost of correcting all insufficiencies in design,
workmanship and/or materials discovered within one year of the date of formal acceptance
of the Subdivision Improvements by the City Commission of the City of Tamarac, Florida,
then this obligation shall be void; else to continue In full force and effect.
Prior to the and of the calendar year following said City Commission's formal
acceptance of the Subdivision Improvements warranted by this bond, the Director of
Utilities or his designee shall inspect tham for final release. If his investigation reveals any
insufficiencies, then he shall notify the Principal, In writing, that the work is unacceptable.
The Principal and the Surety, jointly and severally, agree that said City of Tamarac
shall have the right to correct insufficiencies in design, workmanship end/or materials in the
avent the Principal should fall or refuse so to do Within ninety (90) days after said written
notice by the Director of Utilities, and, pursuant to public advertisement and receipt and
acceptance of bids, cause said insufficiencies In design, workmanship and/or materials to
be convded. In such case, the Principal and Surety shall be jointly and severally liable
hereunder to pay and Indemnify said City upon the correction of said insufficiencies in
design, workmanship and/or materials, the final total cost thereof, including but not limited
950814 2 Wsurety,wpd
to 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.
Upon recommendation by the Director or Utilities for final acceptance and upon
compliance by Principal with applicable conditions, as hweinabove stated, the Director of
Utilities will then recommend to the City Commission the release of this reduced bond, by
resolution,
IF WITNESS WHEREOF, the above bounden parties have executed their instrument by
affixing their corporate names and seals hereto and causing their authorized
representative$ to sign these presents, pursuant to the authority of their governing bodies
on this 23rd day of Jul , 19-Z.
950814 3 Wsurety.wpd
SIGNED AND SEALED
IN THE PRESENCE OF:
Pulte Home Corporation
(As to Principal) (Title) for the President
Calvin R. Boyd, Director of Treasury Operations
Attested by
(Title)
Safeco Insurance Company of America
(Title) for Surety/ma�KB!27
ng
Attorney--in-Fact
Attested by
(Tltle)
NOT The rasps a corporate seals should be affixed_
p ed a to Form Approved U to Content
City Attomey DIPItles
Countersigned by: ;
George L. Frey
954814 4
Wsurety,wpd
LIMITED POWER
OF ATTORNEY
SAFECO
KNOW ALL 9Y THESE PRESENTS:
No.
SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
HOME OFFICE: SAFECO PLAZA
SEATTLE. WASHINGTON 98185
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 11 X r r X X X X r X N M N t r X r r r X X r r X r r r X r r r r X r X r X X X r r r X r N N X r X X X N M N X N X X X X X r r X r N X r N X X X M N X r r r r X X N X
,tS 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 1,000,�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 Januar
Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
19 96
"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 23rd day of July 19 97
S-975/EP 1/93 (1) Registered trademark of SAFECO Corporation.
ACKNOWLEDGEMENT BY SURETY
STATE OF MICHIGAN )
)ss.
COUNTY OF OAKLAND)
On this 23rd day of July, 1997, before me personally appeared Jane K. Botting, 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 P'� `" `'' � E7"'
MH:033
ACKNOWLEDGEMENT BY PRINCIPAL
STATE OF MICHIGAN )
)Ss'
COUNTY OF OAKLAND)
On this 23rd day of July, 1997, 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
MH; 011