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HomeMy WebLinkAbout1996 05 13 Consent Item H COMMISSION AGENDA ADD ON REGULAR CONSENT X INFORMATIONAL ITEM H May 13. 1996 Meeting MGR/?~p, /DEPT~ Authorization REQUEST: Land Management Division requesting Commission approval for the acceptance of the water and sewer system for public ownership and maintenance, The Reserve at Tuscawilla, Phase II. PURPOSE: The purpose of this Board item is to accept the water and sewer system for public ownership and maintenance. These improvements are located in Phase II of the The Reserve at Tuscawilla subdivision (that property located to the south of SR 434, west of Tuscora Drive and north of the abandoned CSX right of way), APPLICABLE CODE: Code Section 9-76(b) Maintenance Bond. When requesting to record a plat for which the improvements have been installed, inspected and approved by the City engineer and when the City is being asked to accept such approvement, the subdivider shall provide a maintenance bond payable top the City guaranteeing the performance of required and installed improvements for two (2) years after the date of completion and acceptance by the City, executed and enforceable in the same manner as the corporate or surety completion bond. The bonds shall be in the amount of ten (10) percent of the estimated construction cost of all Improvement 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. May 13, 1996 ADD ON ITEM H Page 2 FINDINGS: 1) The plat for Phase II was approved for recording by the Commission at their meeting of November 13, 1995. 2) Phase II has been inspected by the Fire Department, Police Department, Utility Department and the City Engineer. All found the work acceptable, 3) The City Engineer has determined that the construction cost for Phase II to be $464,123.95 (10% being $46,412.40). This amount includes the entire length of Tuscora Drive which was previously bonded with Phase 1. Because Tuscora Drive was not fully open for traffic until October 9,1995, the developer was required to bond Tuscora Drive with Phase II. Accordingly, the Phase 1 maintenance bond is being reduced from $75,798.00 to $41,054, 74. 4) A Maintenance Bond, issued by Preferred National Insurance Company, Coral Springs, Florida, in the amount of $46,412.40, and a General Purpose Bond Rider, issued by the same company, reducing the amount of the Phase 1 Maintenance Bond to $41,054.74 have been filed with the City and sent to the City Attorney for his legal review. RECOMMENDA TION: The recommendation is that the Commission approve the acceptance of the water and sewer system for public ownership and maintenance, located in The Reserve at Tuscawilla, Phase II. ATTACHMENTS: May 9, 1996 - Land Management Specialist Memo to City Attorney May 8, 1996 - Utility Director Memo May 8, 1996 - City Engineer Letter to Charles M. Madden, P.E. April 19, 1996 - City Engineer Memo May 13,1996 ADD ON ITEM H Page 3 April 12, 1996 - Police Chief Memo November 13, 1995 - Fire Chief Memo Maintenance Bond and Maintenance Bond Rider issued by Preferred National Insurance Company COMMISSION ACTION: May 9,1996 To: Frank Kruppenbacher, City Attorney B Don LeBlanc, Land Management speciali~ Maintenance Bonds The Reserve at Tuscawilla Phase II From: Re: Attached for your review is the maintenance bond for the The Reserve at Tuscawilla Phase II and a bond rider reducing the amount of the maintenance bond for Phase 1. Preferred National Insurance Company underwrote the previous bonds for this project. But, I did contact Linda at the Insurance Consumer Hot Line on this date. The company has been licensed in the State of Florida since March '89 and there are no negative comments on file. May 8, 1996 TO: FROM: RE: WINTER SPRINGS UTILITY I PUBLIC WORKS DEPARTMENT 110 NORTH FLAMINGO AVENUE WINTER SPRINGS. FLORIDA 32708 Telephone (407) 327-2669 Fax (407) 327-0942 Don LeBlanc, Land Management Specialist 1/1/ Kipton Lockcuff, P.E., Utility Director /,/ /' The Reserve at Tuscawilla Phase D The water and sewer systems for the Reserve at Tuscawilla Phase II have been completed to our satisfaction. We recommend the acceptance of the water and sewer systems. File dJr\NI~ <( ,/.--"<~~, O/f--__~-' 6- ,:1.., ~~~. ~". "~ Ij-.i '-I '-.... ,I- j.,: :. , :0 '\u~-; iJ)J \ '::X~\..;/ I ___ 195Q ~'l..-/ " / '~?oRIO~' CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 May 8, 1996 Charles M. Madden, ?E. Allen Madden Engineeri~g, Inc. 3670 Maguire Elvd. Orla~do, FL 32203 RE: Tuscawilla 80, aka Reserve at Tuscawilla Phase 2 - "As-built" Inspection. Dear Charley: An "as-bui 1 t fl reinspection confirmed that all the Qutstanding punch-list itei:is, generated by the Engi!1eering Department, have been cleared. This includes those from the first "as-built" inspection, perfcrmed en November 9, 1995. This phase appears to have been constructed con f ormanc E: tot he ap.? ro~/ ed eng inee!." i ng p laDs. The De par t men t r e c c r;u'1'. e n a. sit be s c h e d 'J.I e d fer a p pro val Commission, pending all other depart8ent co~~ents. in general Engineering by the Ci ty , If you h~ve any questions, please give me a call at 327-8397. . - / SlncerelY, / / '" /J~/L~A;t~ Mark L. Jenkins, P.E. City Engi!1ee:c cc: City Manager Land Management Specialist utility Director Building Official Charles Madden FAX; 897-1462 .' , ~:; x<::{~;; .~.:::".:_'.:;,,;; . ...... '- .:r:....- ':":r~, . r J. . .'- .:~> ., .,~ ~:~~~~:::..:.:~;.;~: . .,' "M',. ~ .... .'! ::;c:~;:,:,": . :.:' , J CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 April 19, 1996 TO: Land Management Specialist, Donald LeBlanc FROM: city Engineer, Mark L. Jenkins, Avl~ o ~ ~ . t.. , SUBJECT: Construction Costs ror Tuscawilla Parcel 80 (aka Reserve at Tuscawilla) Phase 2 for Proposed Maintenance Bond. I am in receipt of the Engineer's Certification of Construction Costs for the subject site (copy attached). He also submitted a spreadsheet tabulation of the figures in question. The cost figure submitted is $464,123,95. This includes the sani tary sewer and potabl e water 1 ines inside Phase 2 and the sanitary sewer, potable water, storm lines and roadway for Tuscora Drive. I accept the above amount and recommend that the ten percent (10 %) Maintenance-Sond for Phase 2 be $46,412.40, Note: Since Tuscora Drive is being covered in the above bond, it can be subtracted from the bond for Phase 1. The Phase 1 Maintenance Bond amount then becomes $41,054,74. If you have any questions, please let me know. Thank you. attachment: engineers letter of 4-12-96 I cc: City Manager (no 'attachment) utility Director (no attachment) TO: Don LeBlanc, Land Management Specialist FROM: Charles Sexton, Chief of Police DATE: April 12, 1996 SUBJ: Reserve at Tuscawilla all phases, and Tusca Oaks II. 27-96 I have received the memo and inspected both Tusca Oaks Phase II and Tuscora Road include Reserve with all Phases. I have no other comments at this time. However, the Reserve Phase II is going to be gated, and none of the gates or electronic are in place. Is the new gated community going to fall under the direction of Fire Department for access codes, or are we still doing the gate inspection and code requirement. ~~- Charles Sexton Chief of Police FIRE DEPARTMENT 102 NORrH MOSS ROAD WINTER SPRINGS, FLORIDA 32708 TELEPHONE (407) 327-2332 FIRE AND RESCUE SERVICES MEMORANDUM To: Donald LeBlanc, Land Management Specialist Fror:n: Timothy J. Lallathin, Fire Chief ~ /vl/J~ Date: November 13, 1995 Subject: The Reserve at Tuscawilla Phase II, Hydrant Inspection The fire hydrants in the above referenced development have been inspected and meet City requirements. The inspection results are attached, and no additional inspections will be required in this Phase by the Fire Department. cc: Kipton Lockcuff, Utility Director, David O'Brien, Deputy Fire Chief Attachment: 1 .......~ BOND # X02094 PREFERRED NATIONAL INSURANCE COMPANY 210 UNIVERSITY DRIVE, SUITE 900 CORAL SPRINGS, FL 33071 M A I N TEN A N C E BON D KNOW ALL MEN BY THESE PRESENTS, THAT WE RICHLAND TUSCAWILLA, LTD. as Principal, and PREFERRED NATIONAL INSURANCE COMPANY ,as Surety, are held and firmly bound unto THE CITY OF WINTER SPRINGS, FLORIDA ,as Obligee, in the penal sum of FORTY SIX THOUSAND FOUR HUNDRED TWELVE AND 40/100 ----------------- Dollars ($46,412.40) to which payment well and truly to be made we do bind ourselves, our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal has entered into a contract for the construction of THE RESERVE AT TUSCAWILLA - TUSCAWILLA PARCEL 80, PHASE II AND TUSCORA DRIVE (located between the Seaboard Coastline Railroad and SR 434) . WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of 2 Years after approval by the CITY OF WINTER SPRINGS, FLORIDA on said job, against all defects in workmanship and materials which may become apparent during said period. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION 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 workmanship which become apparent during the period of 2 Years from and after then this obligation shall be void, otherwise to remain in full force and effect. Signed, Sealed, and Dated this 15th ,day of April ,19 ~ RICHLAND TUSCAWILLA, LTD. by: Richland Management, Inc., G.P. B~~ d t&1<1J 7ic~Jvl~ INSURANCE COMPANY By: ~ .t&v Tracey; It. Butler Attorney in Fact Florida Resident Agent ..". Preferred National Insurance Company Coral Springs, Florida Bond IX02094 POWER OF A TIORNEY ~nO'fu !Jl ~l?n ~l! 'Q1ql?Sl? Jrrsl?nfs; That Preferred National Insurance Company, a corporation of the State of Florida. by Stephen Weicholz, President. and Scott Weicholz, Secretary, in pursuance of authority granted by Article XI. Section 1 & 2 of the By-Laws of said Company, which reads as follows: ARTICLE XI. SECTION 1 _ The Chairman of the Board or President or any Vice President or Secretary shall have power and authority 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. ARTICLE XI. SECTION 2 _ The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attomey or Certification thereof authorizing the execution and delivery of any bond, undertaking. recognizance, or other suretyship obligations of the Company. and such signature and seal when so used shall have the same force and effect as though manually fixed. Does hereby nominate, constitute and appoint Maril B. Jacobs, Charles J. Fendig, Johnnie Lee Anderson, Tracey L. Butler and Jerry D. Cross its true and lawful attorney. for it and in its name, place, and stead to execute on behalf of the said Company as surety, all bonds. undertakings and contracts of suretyship in the amount not to exceed: Five Hundred Thousand Dollars ($500,000.00) Preferred National Insurance Company, as fully and amply, to all intents and purposes, as if they have been duly executed and acknowledged by the regularty elected officers of the Company at its office in Coral Springs. Florida. in their own proper persons. The said Secretary does hereby certify that the aforegoing is a true copy of Article XI. Section 1 & 2 of the By-Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said President and Secretary, have hereunto subscribed their names and affixed the Corporation Seal of the said Preferred National Insurance Company, this 17th day of N~~e~~r; 1993..: ' " ATTEST: :" ~;~: . -.- ~ref~rred National Insurance Company - "," By: : ~/!ff/~ President I A ~, .ttk-lf Secretary - STATE OF FLORIDA CITY OF CORAL SPRINGS : '0' ..... On this 17th day of November. A.D.. 1993. before the subscriber, a'Notary Public of the State of Florida. duly commissioned and qualified. came the above named President and Secretary of Preferred National Insurance Company to me personally known to be the individuals and officers described in and who executed the preceding instrument. and they each acknowledged the execution of the same, and being by me duly swom, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceeding instrument is the Corporate Seal of said Company, and that the Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal. at the City of Coral Springs. the day and year first above written. ' ~~'tl'1 PUq, OFFICIAL NOTARY SEAL o <'" MARC REOEH ~ ~J; <; COUMISS10N NUMBER ... ,<t; CC 144201 'Y"", ~Q MY COMMISSION . OF F\.O OCT. 11 1995 )ss: ',:"J:. ) . CERTIFICATE I, the undersigned, Secretary of Preferred National Insurance Company, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the President who executed the said Power of Attorney was specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article XI, Section 1 & 2 of the By-Laws of the Preferred National Insurance Company. This Certificate may be signed by facsimile under and by authority of'the following resolution of the Board of Directors of Preferred National Insurance Company at a meeting duly called and held on the 8th_ day of September. 1989. Resolved. Article XI: Section 2. "that the facsimile or mechanically reproduced signature of any Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copiofany power 6f attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed.' . " " . _ 15th IN TESTIMONY WHEREOF, I have hereunto subscrtbed my name and affixed the Corporate Seal of the said Company. this............................ day of April 96' - ;' ........................................................19................... 'fl tl "-i ~ T .I'- Se~retary .J PNI.PA.101 (11/89) ~ GENERAL PURPOSE BOND RIDER Rider to be attached to and form a part of Bond Number _..,.X0461 3 on behalf of RICHLANO,JUSCAWILLA. ll~n.L {Principal!, and in favor of THE CITY OF WINT_ER SPRIN.9S, FLORIDA (Obligee), executed by Preferred National Insurance Company (Surety) in the amount of SEVENTY FIVE THOUSANO SEVEN HUNDRED NIN.~TY EIGHT AND 00/10Q Dollars ($75,798.001 effective MAY16,'995. . ~^~...-- . ~ The Principal and the Surety hereby consent to changing the said bond as follows: The Penal Sum is changed from: Seventy Five Thousand Seven Hundred Ninety Eight and 00/1 00 Dollars ($75,798.00) to Forty One Thousand Fifty Four and 74/100 Dollars ($4',054.74) This change is effective May 16, 1995 . Nothing herein contained shall vary, alter or extend any provision or condition of the bond other than as above stated. Signed, sc()led, and dated this 15th day of Aoril , 1996. . ,. . ... "''''.. .:', : . Preferred Nation~llnsuranc~ Comoan'l By:~d-&~ Tracey L. utler/Attorney in Fact Florida R ident Agent .- ' ;' --' ~'. .:. I '.'." ,.i'-"/~<"::"""',? ....~>..... {/.."i<;...:.~ . ~~ .,>\ . '( I,: ;..:.~..;...: -, . . ' " .. : '.' j .,.,,' , "..," '_ \oJ I <.... ..' ',; '. ~~ I" . I ' .' ,- , -;",) . ( "1, Richland TuscawillE1 Ltd, by:Richland Management, Inc., G.P. ~~~W~ fi~aJul'~1"I 1n'~ TTO'ON T~:OT 96'9T Jd~ 8luS-T6l-~T8-T :l31 l.:l.lN3J.~IQ( ./..... Preferred National Insurance Company Coral Springs, Florida RIDER TO BOND IX04613 POWER OF ATTORNEY ~nnfu lU1 ~2n ~1l 'Qt~2S2 Jr2~2nfs; That Preferred National Insurance Company, a corporation of the State of Florida, by Stephen Weicholz, President, and Scott Weicholz, Secretary, in pursuance of authority granted by Article XI, Section 1 & 2 of the By-Laws of said Company, which reads as follows: ARTICLE XI, SECTION 1 _ The Chairman of the Board or President or any Vice President or Secretary shall have power and authority 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. ARTICLE XI, SECTION 2 _ The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attomey or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. Does hereby nominate, constitute and appoint Maril B. Jacobs, Charles J. Fendig, Johnnie Lee Anderson, Tracey L. Butler and Jerry D. Cross its true and lawful attorney, for it and in its name, place, and stead to execute on behalf of the said Company as surety, all bonds, undertakings and contracts of suretyship in the amount not to exceed: Five Hundred Thousand Dollars ($500,000.00) Preferred National Insurance Company, as fully and amply, to all intents and purposes, as if they have been duly executed and acknowledged by the regularly elected officers of the Company at its office in Coral Springs, Florida, in their own proper persons. The said Secretary does hereby certify that the aforegoing is a true copy of Article XI, Section 1 & 2 of the By-Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said President and Secretary have hereunto subscribed their names and affixed the Corporation Seal of the said Preferred National Insurance Company, this 17th day of N~ye~~r; 1993. .. ;:"' ...:,:- - n . Pref~rred National Insurance Company ATTEST: .- '7 ~ A, .U!;-It- Secretary' STATE OF FLORIDA CITY OF CORAL SPRINGS ) ss: ) BY'_~/~~ President .h On this 17th day of November, A.D., 1993, before the subscriber, 'li Notary Public of the State of Florida, duly commissioned and qualified, came the above named President and Secretary of Preferred National Insurance Company to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the proceeding instrument is the Corporate Seal of said Company, and that the Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Coral Springs, the day and year first above written. ~~'fl.'( PU9, OFFICIAL NOTARY SEAL o (... MARC REGEN ~~' Ii <; COMMISSION NUMBER 11 '0(' CC 144201 7,.(" ~Q MY COMMISSION . OFFI.O OCT. 11 1995 CERTIFICATE I, the undersigned, Secretary of Preferred National Insurance Company, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the President who executed the said Power of Attorney was specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article XI, Section 1 & 2 of the By-lawS of the Preferred National Insurance Company. This Certificate may be signed by facsimile under and by, authority of-the following resolution of the Board of Directors of Preferred National Insurance Company at a meeting duly called and held on the 8th day of September, 1989. Resolved, Article XI, Section 2, 'that the facsimile or' mechanically reproduced signature of any Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copio(any power of attorney issued, by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed., ' ' - : 15TH IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the Corporate Seal of the said Company, this............................ day of APRIL 96 ' , . ~ .~ ......................................................., 19................... /-1c a I.i '-<'~:'ary J -I " .: rOo, PNI.PA.101 (11/89) .._ ... ..~ _~k..... '"