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HomeMy WebLinkAbout2002 06 24 Consent C Potable Water and Sanitary Sewer for Parkstone COMMISSION AGENDA ITEM C Consent Information Public Hearin Re ular x June 24. 2002 Meeting MGR. V /De~ REQUEST: Community Development Department requesting Commission approval and acceptance of the improvements (potable water and sanitary sewer) located at Parkstone, Unit 4, to be dedicated to the City for ownership and maintenance. PURPOSE: The purpose of this Agenda Item is to request that the Commission accept the portions of the potable water and sanitary sewer systems within Parkstone, Unit 4, for public ownership and maintenance. This site is located north of SR 434, west of Central Winds Park. APPLICABLE CODE: Section 9-178. Required Improvements to be completed prior to building on lots; exceptions. (c) Where the building official has an authoritative method of assurance that the improvements will be completed in accordance with approved plans, such as withholding occupancy, the building official may issue building permits upon advising the developer that all or partial occupancy will be restricted until satisfactory completion of the improvements has be accomplished. (d) ... Certificates of occupancy will not be issued until all improvements are accepted by the city commission. June 24,2002 Consent Agenda Item C Page 2 FINDINGS: 1) All City agencies have found the work to be acceptable. 2) The Engineering Division inspected and found the site improvements to be in substantial conformity with the approved final engineering plans. 3) The potable water and sanitary sewer improvements are to be dedicated to the City for ownership and maintenance and a 2-year maintenance bond in the amount of$41,821 has been received (original to City Clerk and copy to City Attorney). ATTACHMENTS: A- Copy of Maintenance Bond B - Correspondence pertaining to acceptance RECOMMENDATION: Staff recommends approval and acceptance of the Parkstone Unit 4 potable water and sanitary sewer improvements to be owned and maintained by the City. CITY COMMISSION ACTION: c:; .f ,,,~., / (., ATTACHMENT A t:;' 'Z:~~,::~,. . '1 t' SUBDIVISION SITE PLAN MAINTENANCE BOND FOR WATER AND SEWER FACILITIES Bond No. 6134134-1 KNOWN ALL MEN BY THESE PRESENTS: That we CENTEX HOMES. a Nevada General Partnership, whose address is 385 Douglas Avenue, Altamonte Spring~,Florida 32714, hereinafter referred to as "Principal" and SAFECO INSURANCE COMPANY OF AMERICA, whose address is SAFECO Plaza. Seattle, WA 98185, .hereinafter referred to as "Surety" are held and firmly bound unto The City of Winter Springs, a political subdivision of the State of Florida, whose address is 1126 East State Road 434, Winter Springs, FL 32708, hereinafter referred to as the "City" in the sum of Forty One Thousand Eioht Hundred Twenty One and no/1 00-------$41.821.00 for the payment of which we bind ourselves, heirs, executors, successors, and assigns, jointly and severally, firmly by these presents: WHEREAS PRINCIPAL has constructed certain improvements, including water and sewer facilities and other appurtenances in that certain subdivision described as Parkstone Unit 4 ,a plat of which is recorded in Plat Book 60 , Page 11 & 12 , Public Records of Seminole County, Florida. WHEREAS, the aforesaid improvements were made pursuant to certain plans and specifications dated ,20_, and filed with the Department of Environmental Services of Seminole County. WHEREAS PRINCIPAL is obligated to protect the CITY against any defects resulting from faulty materials or workmanship of said improvements and to maintain said improvements for a period of two (2) years from May 30 ,2002. NOW THEREFORE, the condition of this obligation is such that if PRINCIPAL shall promptly and faithfully protect the CITY against any improvements and maintain said improvements for a period of two (2) years froni"May 30 , 2002. Then, this obligation shall be null and void; otherwise, it shall remain in full force and effect. The Department of Environmental Services shall notify the PRINCIPAL in writing of any defect for which the PRINCIPAL is responsible and shall specify in said notice a reasonable period of time within which PRINCIPAL shall have to correct said defect. The SURETY unconditionally covenants and agrees that if the PRINCIPAL fails to perform, within the time specified, the SURETY, upon 30 days written notice from COUNTY, or its authorized agent or officer, of the default will forthwith correct such defects or defects and pay the cost thereof, including, but not limited to, engineering, legal and contingent cost. Should the SURETY fail or refuse to correct said defects, the COUNTY, in view of the public interest, health, safety, welfare and factors involved, and the consideration in approving and filing the said plat shall have the right to resort to any P:\WORD\CENTEX FORMS\Winter Springs mainl 6134134-1.doc Page 1 of 2 Pages J ~. " and all legal remedies against the PRINCIPAL and SURETY and either, both at law and in equity, including specifically, specific performance to which the PRINCIPAL and SURETY unconditionally agree. The PRINCIPAL and SURETY further jointly and severally agree that the COUNTY at its option, shall have the right to correct said defects resulting from faulty materials or workmanship, or, pursuant to public advertisement and receipt of bids, caused to be corrected any defects or sajd defects in case the PRINCIPAL shall fail or refuse to do so, and in the event the COUNTY should exercise and give effect to such right, the PRINCIPAL and the SURETY shall be jointly and severally hereunder to reimburse the COUNTY the total cost'thereof, including, but not limited to, engineering, legal and contingent cost, together with any damages either direct or consequent which may be sustained on account of the failure of the PRINCIPAL to correct said defects. . IN WITNESS WHEREOF, the PRINCIPAL and the SURETY have executed these presents this 30TH day of Mav, 2002 . Address: 385 Douglas Avenue Altamonte Springs, FL 32714 CENTEX HOMES, a Nevada General Partnership PRI~---t - (SEAL) ~ '1If a corporation) ATTEST: ~ ( corporation) Its:])le. S~&:lS \~~ST~ Its: ~-",""",,,,,,,,>/~/ry--t:!"":- Address: SAFECO Plaza Seattle, WA 98185 SAFECOINSURANCE COMPANY OF AMERICA SURETY (SEAL) By: Countersigned By: ~{~. (2uf.Yl'.Lf. J A. Russell, Florida Resident Agent &Z/~ / . " ~ SAFECO" r~ POWER OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 No. 7386 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ..........LA WRENCE W. W ALDlE; CARMEN MIMS; BRIAN M. LEBOW; DEBORAH GRIFFITH; ALL YSON DEAN; BRIDGETIE S. JACKSON; Dallas, Texas......... its true and lawful attomey(s)-in-fact, with full authority to execute on its be~1f fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents /,' this 1st day of June , 2001 RA. PIERSON, SECRETARY jl;, ':; MJ:2~~D~~ ~d.-t:P~ CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Artide 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 nat 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 Artide V, Section 13 of the By-Laws, and (ii) A copy of the power-<lf-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-<lf-attomey 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 SAFE CO 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 fol'CE!"and effect. ,'-. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation .?>C>-t~h.. day of (ll~. ,2f)7> ~ this .kR d...e? ~ RA. PIERSON, SECRETARY S-0974/SAEF 2101 l!il A registered trademark of SAFECO CO<pOration 611101 PDF ( ,ri ',f';" .~'jP " ATTACHMENT B , ~'f' ....... CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 Telepllone (407) 327.1800 Checklist for: ~'As-Built" Inspection i , [] Maintenance Bond Inspe.ction Bond # Expiration date Site or Project y:Jq~T~ AutJ P~'F 4 The [ollowing departments have no outstanding deficiencies against this site/proiect: (initial and date) Engineerfng ~//-oe " /" Public Works fJ~IJJ'iW ~I...t5JOI>'ltIJT I ..~ 671.-0'2. Utility (Water and Sewer) ,-1;1- ~ ~ ~ Storm water Utility Building /J!A VFire ~ vPolice . &~ -...;;;~ . 0-1'2.-O'L. COdeEnforcement(~ ..J~ ~/Jd-lOY V'Finance ,.u/A Additional Comments ;. F~P c.(~~/"F-r ~ kATf:ir<. J>t he~ ~ ~~ /tl CF .r-/-e'-loz %..~~~1b-;~tf~~F6~ti.{it~ t j. ~e-.t(/.!ATAI.! .~~~c:J:;rWf" - ~-U1t/~/CVUlFfUIFTt~ ~ fr1c./~ro"&/I, Ctlv"TfY)C ~, ~N<<A'l- 9J?Ie4. &oYJ~t9 t:.'1tNlt'1Q~ t 2-Y~ ~J; ~f5)J/)/t~/t:.) Jb I"~ ~~ ~~c. CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 Fax (407) 327-6695 June 12,2002 j~~ TO: John Baker Current Planning Coordinator Kimberley Hall, P.E. O~ . City Engineer ~ THRU: FROM: Zynka P. Perez Engineering Inspec SUBJECT: Parkstone PUD PhaselUnit 4 - As-Built Inspection I have received the "as-built" engineering and inspection fee including the engineer's certification of completion for the above subject project. A review and an "as- built site inspection (& re-inspection) found them in general conformance to the approved engineering plans. Also, I have attached the sign-off checklist sheet with the signatures of various departments accepting this phase of the development. ." I recommend this phase of the project be forwarded to the City Commission for final acceptance. If you have any questions, please let me know. cc: City Manager Public Works / Utility Director Utility Superintendent CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS. FlORIDA 32708-2799 Telephone (407) 327-1800 Fax (407) 327-6695 June 11,2002 i .fr.; TO: Current Planning Coof(~.i~ator John Baker FROM: Engineering Inspector Zynka P. Perez SUBJECT: Parkstone Phase 4 - Maintenance Bond I am in receipt of the Maintenance Bond No. 6134134-1 for Parkstone Phase 4. The amount of the maintenance bond, $41,821.00, representing the 10% of the total cost of improvements for the 2-year period for the water and sewer improvements is acceptable. . I'm forwarding the attached maintenance bond for your review. If you have any questions, please let me know. Cc: Public Works I Utility Director City Engineer R E C E ij V l~.t: :c:: JUN 1 2 2002 CITY OF WINTER .;;PRING1? Community Developm(lt1'