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HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-002Temp. Reso. #9976 November 5, 2002 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003- Oat 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 SURETY BOND #LPM4122936 FROM FIDELITY AND DEPOSIT COMPANY OF MARYLAND IN THE AMOUNT OF $15,994.75 FOR THE WATER DISTRIBUTION AND SEWAGE COLLECTION SYSTEM IMPROVEMENTS INSTALLED BY FOG PARTNERS TWO, LTD., FOR THE WALGREENS PROJECT LOCATED AT 8801 WEST COMMERCIAL BOULEVARD; AUTHORIZING THE CITY CLERK TO RELEASE SURETY BOND #LPM4122936; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, FOG Partners Two, Ltd., has constructed the Walgreens Project and installed the Water Distribution and Sewage Collection System Improvements in accordance with the Site Plan approved by City Commission on June 14, 2000; and WHEREAS, the terms of Section 10-156 of the City Code requires FOG Partners Two, Ltd., to provide a one-year Warranty Bond to the City of Tamarac for the Walgreens Project Water Distribution and Sewage Collection System Improvements located at 8801 West Commercial Boulevard (a copy of which is attached hereto in map form as "Exhibit 1 "); and WHEREAS, FOG Partners Two, Ltd., has requested the release of a Public Improvement Warranty Bond in the form of Surety Bond #LPM4122936 from Fidelity and Deposit Company of Maryland, in the amount of $15,994.75 (a copy of which is attached Temp. Reso. #9976 November 5, 2002 2 hereto as "Exhibit 2") for the Water Distribution and Sewage Collection System Improvements installed for the Walgreens 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 Walgreens 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 Surety Bond #LPM4122936 from Fidelity and Deposit Company of Maryland, in the amount of $15,994.75 for the Walgreens Project Water Distribution and Sewage Collection System Improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: 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: The appropriate City Officials are hereby authorized to release the one-year Public Improvement Warranty Bond in the form of Surety Bond �1 1 Temp. Reso. #9976 November 5, 2002 3 #LPM4122936 from Fidelity and Deposit Company of Maryland, in the amount of $15,994.75 for the Water Distribution and Sewage Collection System Improvements installed by FOG Partners Two, Ltd., for the Walgreens Project located at 8801 West Commercial Boulevard in accordance with Section 10-156 of the City Code. SECTION 3: The City Clerk is hereby authorized and directed to release to the Utilities Department for return to FOG Partners Two, Ltd., the Public Improvement Warranty Bond for the Walgreens Project. The bond is in the form of Surety Bond #LPM4122936 in the amount of $15,994.75 for the Water Distribution and Sewage Collection System Improvements located at 8801 West Commercial Boulevard. SECTION 4: All resolutions or parts of resolutions in conflict herewith are 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. Temp. Reso. #9976 November 5, 2002 4 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 8t" day of January, 2003. ATTEST: MARION WENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. CITY ATTO JED/DM/mg 4AFT EY JOE SCHREIBER O- RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: V/M. PORTNER DIST 2: COMM. MISHKIN DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS 77 Ta 1 1 EXHIBIT I TEMP. RESO. # 9976 cp MCNAB ROAD vda ;� W Q / LIME BAY % THE GREENS W W LIME BA j OF TAMARAC W W SEC. II SEC. I W W W W W W ���f /��3� COL. W. f CLUB HOUSE �1\ \� W T ❑D 2 LCW W RAL W W W 1, P 6 �r%� LMS W ❑LF W W �4�P %/ E T f/ Q /�j Oil CT J q� Y '�' '�' W V LLAS W W W W W W W W j/ W �"4c' W �� � W W W W W W � uW �+ ^ T1�' LAG s / W � W W W W V� cQ6r � U' ` �7 QG W 3 W W W W WEDGES Wss ST /�� W% 4 WEDGEW❑OD LN (43 LJ W r W W W W W W W¢ W W W w W W W BOARDWALK APTS. SANTA ROSA DR, 61 ST 34 61 ST ] PARADISE CT PATIO HOMES 6 / T� ¢ Q 61 ST APTS a N I ¢ OD PAR, DR BOARDWALK a 60 ST a+'� 60 ST II p `' Q j 59 PL Y LN. 59 Pt / // LANDINGS ©N /% / PARADISE %/ L�) Z Q y a a 59 CT w q LJ nc u , CYPRESS ESTATES / Z J HZZ / 59 ST m W LN m // GREENS % CL / 4ARHOR WY. 59 CT ' . WATERS 58 PL / ' \ , / jj/� EDGE LY❑NS INDUSTRIAL / j a vim, d z 2H a 3 n pL w n i / w r w/ F j V,G,C, PARK PARK CO Q c 58 ST (VISUAL GRAPHICS) 58/ OD j GRAPHLINE ST j MARLEN 57 DR w 1, ST❑R❑PACK ] % % ' % % PARK 57 ]LN ,. > THE TAMARAC a ACTIVE 57 PL g 0 MIAMI JEWISH ,, SENIOR CINNAM❑N 57 C 3 HERALD CENTER °' RESIDENCE TREE 8741-8767 x AZA ❑FC. BLDG 57 ST LYONS COMM SUB' CHEVRON — — — — — -------'---I----- ^_ COMMERCIAL BLVD (c❑ RD 870) QTq LOCATION WALGRE_C❑MM_PI,DWG WALGREENS WARRANTY BOND RELEASE W05/2001 08:53 87.39E Exhibit "2" PAGE 02 51=11VISION IMPROVEMENT WARRANTY BOND Bond# LPM4122936 Project Name: Wal Teens KNOW ALL MEN BY THESE PRESENTS: That FOG Partners Two Limited having an address of 1745 W. Fletcher Ave, Tampa, -FL 33612 as Principals, and Fidelit . & having an address of 1333 Butterf field Roa 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 88' Avenue, Tamarac, Florida, 33321 in the full and just sum of Fifteen Thousand Nine Hundred and Ninet Four Dollars and .Seventy Five Cents ($15,994.75), 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 10-156, as amended by Ordinance 93-23, paragraph (b) of the Tamarac City Code, there is a requirement that a bond in the amount of 25 percent (25%) of the actual cost of the Subdivision Improvements be posted upon formal acceptance of said Subdivision Improvements by the City Commission, and 981218 1 Subdiwsian Improvement Warranty Scnd D7/05/2001 08:53 8139682 PAGE 03 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 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 the 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 end 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 them 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 and/or 951218 2 Subdivision Improwrent Warranty Bona &7/135/2001 08:53 81396E 2 PAGE 04 materials in the event the Principal should fail 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 and insufficiencies in design, workmanship and/or materials to be corrected. 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 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 of Utilities for final acceptance and upon compliance by Principal with applicable conditions, as hereinabove stated, the Director of Utilities will then recommend to the City Commission the release of this reduced bond, by resolution. 931218 3 S6tdivis!on Improvement Warranty bond 07/05/2001 08:53 8139682 PAGE 05 IN 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 Set► day of 2011L• W SIGNED AND SEALED IN THE PRESENCE OF: FOG Partners ���` piss•. �GRL � �. (Title) for the President (Title) land (Title) for Surety Attested by (Title) NOTE: The respective corporate seals should be affixed: 981218 4 Subdivision Improvement warranty Bond Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: 3910 KESWICK ROAD, BALTIMORE, MD 21211 KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by M. P. HAMMOND, Vice President, and L. L. GOUCHER, Assistant Secretary, in pursuance of authority granted by Article V1, Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Mark T. Meyers, Dennis M. Kelly, Daniel J. Sc wartz and illiartr S. Fischbein, all of Chicago, Illinois, EACH its true and lawful agent and Attorney -in -Fact, to ecute, s o deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakin in a not to exceed the sum of ONE MILLION DOLLARS (S 1,000,000) and the execution of such bo unde pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intent urposes ey had been duly executed and acknowledged by the regularly elected officers of the Company at ryets, e in B , Md., in their own proper persons. This power of attomey revokes that issued on behalf of Mark r St L. Upshaw, Dennis M. Kelly, Daniel 1. Schwartz, and William S. Fischbein, dated February I0, 1998� The said Assistant Secretary does hereby c -at the a set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company Q now in ''� IN WITNESS WHEREOF, the sai-Presid twAssistant Secretary have hereunto subscribed their names and affixed the Corporate Sea] of the sai�D LITY �EPOSIT COMPANY OF MARYLAND, this 7th day of February, A.D.2001. ATTEST: u FIDELITY AND DEPOSIT COMPANY OF MARYLAND 'np 9EPp��f W im °= 0 re» .� i' By: �^�J L. L. Goucher Assistant Secretary M. P. Hammond Vice President State of Maryland County of Baltimore ss. On this 7th day of February, A.D. 2001, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. P. HAMMOND, Vice President, and L. L. GOUCHER, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, 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 preceding instrument is the Corporate Seal of said Company, and that the said 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 the day and year first above written. -qp?• % F, t�'NOP1l=6�-iC Carol J Fader Notary Public My Commission Expires: August 1, 2004 State Of Illinois County Of Cook I, Madorie P Hofmann a Notary Public in and for the County, in the State aforesaid, do hereby certify that Mark T. Meyers Attorney -in -Fact of the Fidelity and Deposit Company of Maryland, who is personally known to me, appeared before me this day and acknowledged that he signed, sealed and delivered the foregoing instrument as his free and voluntary act as Attomey-in-Fact of the Fidelity and Deposit Company of Maryland, and as the free and voluntary act of the Fidelity and Deposit Company of Maryland, for uses and purposes therein set forth. Given under my hand and notarial seal this Sth day of July _ _ 1 2001 "OFFICIAL SEAL" + MARJORIE P. HOFMANN Notary Public, State of Illinois 'P*W Mfr Iffl$$lon Expires 1/18/05 ' C-) Notary Public