HomeMy WebLinkAbout1998 12 14 Consent Item C
COMMISSION AGENDA
ITEM C
Consent xx
Information
Public Hearine
Reeular
December 14. 1998
Meeting
MGR. r ID~
REQUEST: Community Development Department, Land Development Division, requests the
Commission approve the acceptance of the water and sewer system within the St.
Johns subdivision for public ownership and maintenance.
PURPOSE: The purpose of this Agenda Item is to request that the Commission accept the
water and sewer system within the St. Johns subdivision for public ownership and
maintenance. This subdivision is located at the northeast terminus of Tuskawilla
Road.
APPLICABLE CODE:
Section 9-76(b) Maintenance Bond. When requesting to record a plat for which
the improvements have been installed and approved by the City Engineer and when
the City is being asked to accept such improvements, the subdivider shall provide a
maintenance bond payable to the City guaranteeing the performance of required
and installed improvements for two (2) years after date of completion and
acceptance by the City, executed and enforceable in the same manner as the
corporate or surety completion bond. The bond shall be in the amount often (10)
percent of the estimated construction cost of all improvements to be owned and
maintained by the City. As an alternative to the provision of a corporate or surety
bond, the subdivider may provide the deposit of equivalent cash in an escrow
account with the City, or a letter of credit drawn on an approved institution, drawn
in a form approved by the city attorney.
FINDINGS: 1) The plat for St. Johns Landing subdivision was approved (or recordation at the
March 23, 1998 Commission meeting.
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December 14, 1998
CONSENT AGENDA ITEM C
Page 2
2) St Johns subdivision improvements have been inspected by the Fire
Department, Police Department, Public Works Department, Utility Department
and the City Engineer. All agencies found the work to be acceptable.
3) The City Engineer reviewed and approved the construction cost of
$300,752.00 (10% bond amount of$30,075.20) for improvements to be accepted
for city ownership and maintenance.
4) The City Attorney is in the process of reviewing the Maintenance Bond
for legal content.
RECOMMENDA TION:
Staff recommends that the Commission approve the acceptance of the water and
sewer system for public ownership and maintenance. These improvements are
located in St. Johns Landing subdivision.
ATTACHMENTS:
November 6, 1998 - City Engineer Memo to Land Development
Coordinator
November 16, 1998 - City Engineer Letter to Charles M. Madden, P.E.
December 2, 1998 - Land Development Coordinator Memo to City Attorney
- Maintenance Bond issued by American Motorists
Insurance Company
COMMISSION ACTION:
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
November 6, 1998
TO:
Land Management Coordinator
Donald LeBlanc
City Engineer ,/J11r/;t
Mark L. Jenkins, P.E. .
FROM:
SUBJECT:
St. Johns Landin!! - Maintenance Bond
I am in receipt of the engineer's opinion of the costs of improvements for sanitary
and water for the subject project. His letter is dated November 3, 1998.
His estimate of cost of improvements is $300,752.00. Ten (10%) percent of this
cost is $30,075.20. I recommend this amount be used for the two (2) - year maintenance
bond.
If you have any questions, please let me know.
cc: Community Development Director
Public Works/Utility Director
f
(
CITY OF WINTER SPRINGS, FLORIDA
November 16, 1998
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
Charles M. Madden, P.E.
Madden Engineering, Inc.
431 Horatio Avenue, Suite 260
Maitland, FL 32751
RE: St. Jolllls Landing - "As-Built" Inspection and Acceptance
Dear Charley:
"As-built" inspections have been performed by all appropriate departments at the
subject site. It was found to have been constructed in general conformance to the
approved engineering plans.
It is recommended that the improvements be forwarded to the City Commission
for acceptance.
If you have any questions, please give me a call at 327-1800 exUl5.
Sincerely, ,./ .I
~Q.1 d I ~~c~
Mark L. Jenkins, P.E.
City Engineer
cc: Community Development Director
Public Works/Utility Director
Land Management Coordinator
Charley Madden, Faxfl 629-8336
Curt Wilkinson, Richland Corp., Fax# 813-286-4130
December 2, 1998
To:
Bob Guthrie, City Attorney
Don LeBlanc, Land Development coordinator~
From:
Re:
Proposed Maintenance Bond
St Johns Landing
Please review the above referenced maintenance bond for legal purposes. My review is
favorable. This is to accept the water and sewer system in the St. Johns Landing
subdivision. The remainder of the improvements will belong to the HOA as this is a private
subdivision.
On this date I contacted the Florida lnsurance Hotline and was told the following:
1) American Motorists Insurance Company has been licensed in the State of Florida
since 1939 and is authorized to act as surety;
2) the company meets all statutory requirements; and,
3) the company is in good standing.
All City entities have inspected the project and find it to be in compliance with Code.
The City Engineer has approved the bond amount of $30,075.20.
This will be an agenda item for the December 14, 1998 Commission Meeting.
DEC. 2.1998 4:05PM
RICHL~ND PROPERTIES
NO.751
P.2/4
BOND t 3SH 941 872 00
American Motorists Insurance Company
clo Acordia Southeast
311 Park Place Blvd.
Clearwater, FL 33759
MAINTBNANCE BOND
KNOW ALL ~N BY TIlESE PRESENTS, TEN!' WE Richland Tusca\o!illa, Ltd"
4830 W. Kennedy Blvd., Suite 740, Tampa, F~~ 33609
, as Principal, and American }!otoriSl:B
InRurance Companv ..,--.1:_ as Surety, are held and firmly
bound unto City of {hntel' Sprin~8
as Obligee, in the penal sum of Thirtv thousand seventy-five dollars
and twentv cents (530.075.20)
to whioh payment well and truly to be made we do bind ourselves, our
and eaoh of our heirs, executors, administrators, successors and
assigns jointly and severally, firmly by these presents.
WHEREAS, the said Prinoipal has entered into a oontraot for the
oons truction of Improvement ~ fOl' St. John '9 Landing
WHEREAS, said contract provides that the ~rincipal will furnish a bond
condi tioned to guarantee for the p\;:r iod of 12/2/98 - 12114/2000 after
approval by the City of '.]it/tel' Spd.ul~$, Florida on said job,
against all defects in workmanship and materials whioh may become
apparent during said period.
NOW, THEREFORE, TEE CONDITION OF ~EIS OELIGATION IS SUCH, that if
the principal shall indemnify the Obligee for all loss that the
Obligee may sustain by reason of any defective materials or work-
manship whioh become apparent dUJ:" ing the per iod of Two years
from and after 12/2/98 through 12/1tl./2000 then this obligation shall
be void, otherwise to remain in full force and effect.
Signed, sealed, and dated this
2nd oay of December
1998
Richland T~Sc3~i11a, Ltd., its general
partner, Richland Management, Inc., by
3ac]" H. Bray, President
{!l1~Llk11~
Notary Public
~~~ MICHELL~ M. HACEK
r:f.j}t (j~ I.~ MY COMMISSION' CC ~~
~. exPIRES: NMml18r 18 2000
,,~.., ~d T1Iro r~ P\JbllcU~dt~~~
f/-91Z
Zpany
.......;0:"'..
By:
Ame~~can Motorists Insurance
E y:. ~ tfI..' CL-- cO t. f')~ ~ -
Richard p, Keast , Attorney in Fact and
Plorida Restdent Ag~n~
uu.... . C::. 1 'j'jl::i
"l:~bl-'l'l
RICHL~ND PROPEHlll~
NO.751
P.3/4
IrempeR.
Home Office: Long Grove, II. 60049
POWER OF ATTORNEY
Know All Men By These PresentS:
That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, Bnd the American /l.{arlufac\urers Mutual
In6Ui<lnce Compa"y, corporalions organized and existing under the 18\'/5 of the Slele of IIlnois. l1aving t/'lelr principal office In Long Grove.
Illinois, (hereInafter collectively referred to as Ihe "Company") do hereby apooint
John F. Palmer: Jerry D. Cross; Johnnie Lee Anderson: Sherrl Beuchert; Jude A. Sutton; Craig W. Fenlon:
Richard P. Keast and Chrystal Hatcher of Tampa, Florida (EACH) ...............................................
their trUG and lawful ag6nt(5) 31)d arlorney(s).ill-fact, to make, execute, seal, and deliver during the period beglrlrllng witl1 ;he date of Inuance
of tr.ls power and ending ol"ltl1e dale speclfled below, unless sooner rC'Ioked for and on its behal( as surety. and as tl1eir a:t arid deed:
Any and all bonds and undertakings provided the amount o( no one bOnd or undertaking exceeds FIVE
HUNDRED THOUSAND DOLLARS ($500.000.00) .~..,.............~...........................................
EXCEPTION: NO AUTHORITY is granted to m<lke, execute, seal and deliver MY bond or undertaking Which guarantees the payment or
collection of any promissory note. check, draft or laUer of credit.
This authority does l"Iot permit the 6ama obligation to be split Into two or more bonds In order to bring each such bond within the dollar limit
of authority as set (orth heraln.
This appointment may be reVOked at any tIme by the Company,
ThG execution of such bonds and undertakings In pursuance 01 these pre~cnt~ shall be as binding upon the said Company as fully and amply
to alllntenlS end purpos<os. as If the same had beef! duly executed and -'l~.knowladged by their regularly elected officers at theIr principal office In
Long Grove, illinois
THIS APPOINTMENT SHALL CEASE AND TERJvll;'J/\TE VllTHOUT NOTICE AS OF December 31,2001
This Power of Attorney Is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company
on February 23. 1988 at Chicago, Illinois. true !\nd accurate caples of which are hClralrlafter set Forth and are hGreby certifled 10 by the
undersigned SecretaI)' as being In full force al'\d effact:
"VOTED, That the Chalrl11an of the Board, the Presldenl, or any Vic~ President. or their appoilltees deslgl"laled in writing and filed with
tha Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-In-fact. and \0 lluthorl.:e them 10 execute on
behalf of the Company, and attach Ihe soal of the Company thereto, bonds and undertakings, recog'1lz<lnces, contracts of Indemnity and
other writings. obligator/ In the (lature thereof, and any such officers at :,10 Company may appoint egel'1ls for acceptance of process."
Tl1is Power of Attorney Is signed. sealed and certified by facslmlla unclar and by authority o( the following resolution aqopled by the Executive
Commltte9 of the Boards of Directors o( the Company st a meeting duly called and held on the 23rd day of FebrUary, 198B:
"VOTED. That the signature of the Chllirman of the Soard, the Presldont. (lny Vice President, or lnalr appointees designated in writing and filed
wllh Ihe Secretary. and the signature of the Secretary. the seal of thG Company, end certifications by the Secretary, may be affiJ;ed by facsimile
on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee or the Soard 01 Directors 01"1 February 23.
'988 and any such power so executed, Gealed <lnd certified with respect to eny bond or undertaki'19 to which It IS allached, 511all continue to
be valid and binding L!pon the Company,"
11'1 Tesllrrtof1Y Whereol. the Company has caused Ihls Instrument to be signed and their corporate seals 10 be .affixed by t/"ll.llr 3uthorized officers,
this Novemb~r 25. 1997,
AneSled and Certified:
Lumbermens MUlu<l1 CBsualty CompanY
American Motorls\s Insurance Company
Amerlcarl Manufacturers Mutu<lllnsural"lce Comp<lny
~~~
9- ~~-r'^rrs
Robert p, Hames. Secretary
l))'
J, S. Kemper. III. Exec.Vice President
L)t..l..... c...1. ::'::'0
'-f.~(II.1
K.1.",nLHI'1LJ II..."-Ir-C.r-..I 1 c..:.
II\..'. (....JJ.
r."-i..........,
STATE OF ILLINOIS ss
COUNTY OF LAKE
I. Irere t<lelver. a Notary P4bllc, ~o hereby certify that J. S Kemper, III and Robe.. P. Hames personally known to me to b.e the same persons
whose names llre res;::ectlvely as Exsc. Vice President and Secretary of the Lumbermens Mutual Casualty Company, the American Motorists
Insurance Company, and the Arnerican ManufacturBI'3 Muluallnsurance Company, Corporations organized and (I)~lstlng under the laws of the
Stale of Illinois. subscrlped to the foregoing Instrument, El~pear8d befof!: me this day in person and severally aeKnOv.'ledged that they being
t"'ereunto duly authorized signed, sealed with the corporate seals end delivered the saId Instrument as ltle (ree and volu(1tElry act o( saia
corporations and as l~eir own free af'ld voluntary eets for the uses and ;)lIrposes therein set forth
My commission expires '-28.98
.. A'" A A A.A A A ^ /'~ I'~ ~
.. "OfFiCIAL SEAl" ~
.. Irene Klowor ~
.. H~ry Public. 5101e Q/llllnoiz ~
.. IIV C<ll1'ImlaclOl1 ~Itt:) u.;ona )>
",,,,~,,,,,,,V',,,,"'''',,:",-:-v
~~.
Irene Klewer, Notary Public
CEFlTIFICA nON
I, J.K conway, Corporate Secretary of lhe LumbermBns Mutuel CasuLllty Company, the American Motorisl5 Insurance COmpalW, al1d the
American Manuf~CMers Mutualll1surllnce Company. do hereby C(!lrtlfy Ihal the attached Power of Attorney daled November 25, 1997 on
behal( o( tne person(s) as Iis~ed above Is a true and correct copy and Ihatltl0 same has been In full force and effect sillce 1M date thereo( end Is
In full force and effect on tha c!Ole of this certlftcatej alld I do furthllr certify that the saId J. S. 1</!lrT1per. III end RO~Bn P. Hames, who exel;uled ttHI
power or Atlorn"y Il.S Execullve Vice President el'\d Secretary respectively were on the dete of thl! execulion of the attached Power of Atlorney
ti'le duly elected Executlvl'!I Vice President and Secretary of the Lurr,bllrmens Mutual Casually Company, the American Motqrlsts Insurance
Company. and lhe Amerlcan Mallufaclurer5 Mutual Insurance Company.
IN TESTIMONY WHEREOF. I !'lave hereunto s~bscr'bed my name Ilnd otnxlld the corporate S9al of tM Lumbe/'lTlen5 Mutual Casualty Company,
the American Motorisls InsurancCl Company. llnd the Arneric~n Manufaciurars Mutusllllsurance Company on this
2nd r.1a~' of December , 19~.
r~
J. K. Conway, Corporate Secretary
This power of Attorney limite; the acts o( those nBmed therGln to the bon:~5 and undertakings speclflcaPy named
therein and lhey have no authority to bInd lhe Company except In the mr.,nncr Olnd to the ~xt(lnt herein stated.
Fl< 0362 6.96
Power of Attorney' Term
Printed In US.A