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Home My WebLink AboutCity of Tamarac Resolution (4)Temp. Reso. #9627 November 30, 2001 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-004 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO RELEASE A PUBLIC IMPROVEMENT PERFORMANCE BOND IN THE FORM OF SURETY BOND #LPM 4122935 FROM FIDELITY & DEPOSIT COMPANY OF MARYLAND IN THE AMOUNT OF $40,618.00, SUBJECT TO THE RECEIPT OF A WARRANTY BOND IN THE AMOUNT OF $10,154.50 FOR THE WATER DISTRIBUTION AND SEWAGE COLLECTION SYSTEM IMPROVEMENTS INSTALLED FOR THE LOTS 3-8, BLOCK 9 LYONS COMMERCIAL SUBDIVISION NO. 2 PROJECT LOCATED ON THE NORTH SIDE OF COMMERCIAL BOULEVARD BETWEEN PINE ISLAND ROAD AND NW 911T AVENUE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, FOG Partners Two, Limited, has constructed the Lots 3-8, Block 9 Lyons Commercial Subdivision No. 2 Project and installed the Water Distribution and Sewage Collection System Improvements in accordance with the Site Plan; and WHEREAS, the terms of Section 10-156 of the City Code requires FOG Partners Two, Limited, to provide a Warranty Bond to the City of Tamarac for the Lots 3-8, Block 9 Lyons Commercial Subdivision No. 2 Project Water Distribution and Sewage Collection System Improvements located on the north side of Commercial Boulevard between Pine Island Road and NW 91st Avenue (a copy of which is attached hereto in map form as "Exhibit 1 "); and 1 Temp. Reso. #9627 November 30, 2001 2 WHEREAS, FOG Partners Two, Limited, has requested the release of a Public Improvement Performance Bond in the form of Surety Bond #LPM 4122935 from Fidelity & Deposit Company of Maryland in the amount of $40,618.00 (a copy of which is attached hereto as "Exhibit 2") subject to the receipt of a Warranty Bond in the amount of $10,154.50 to the City of Tamarac for the Water Distribution and Sewage Collection System Improvements installed for the Lots 3-8, Block 9 Lyons Commercial Subdivision No. 2 Project; and WHEREAS, the improvements were inspected, approved and are recommended for acceptance for a one-year warranty period by the Utilities Engineering Division; and WHEREAS, it is the recommendation of the Director of Utilities that the Public Improvement Performance Bond be released for the Lots 3-8, Block 9 Lyons Commercial Subdivision No. 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 Performance Bond, subject to the receipt of a Warranty Bond from FOG Partners Two, Limited, for the Lots 3-8, Block 9 Lyons Commercial Subdivision No. 2 Project Water Distribution and Sewage Collection System Improvements. 1 r1 L Temp. Reso. #9627 November 30, 2001 3 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 and directed to release to the Utilities Department for return to FOG Partners Two, Limited, a Public Improvement Performance Bond in the form of Surety Bond #LPM 4122935 in the amount of $40,618.00 subject to the receipt and acceptance of a Warranty Bond for the Water Distribution and Sewage Collection System Improvements in the amount of $10,154.50 for the Lots 3-8, Block 9 Lyons Commercial Subdivision No. 2 Project located on the north side of Commercial Boulevard between Pine Island Road and NW 915t Avenue 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. SECTION 5: This Resolution shall become effective immediately upon its Temp. Reso. #9627 November 30, 2001 4 passage and adoption. PASSED, ADOPTED, AND APPROVED this 9h day of January, 2002. ATTEST: MARION tWENSON, CMC CITY CLERK I HEREBY CERTIFY that I RG/DTM/mg RECORD OF COMMISSION VOTE: MAYOR SCHREIBER Alm DIST 1: COMM. PORTNER AM DIST 2: COMM. MISHKIN A ye/ e. DIST 3: V/M SULTANOF A DIST 4: COMM. ROBERTS fl ei 1 1 1 EXHIBIT I TEMP. RESO. # 9627 Sr TEXACO p cv)a MCNAB �ROAD MCNAB ROAD LIME THE GREENS 3 �P� LIME BAY j BAY OF TAMARAC SEC. II 8 ,� SEC, I i 1 COL. W. 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LYONS-L3-8.DWG LOTS 3-8, BLOCK 9 LYONS COMMERCIAL SUBDIVISION #2 PERFORMANCE BOND RELEASE b id n::) / LC1GA ri'v- -1 0f11):7004Q04 Exhibit:; 2 Bond # LPM 4122935 SUBDIVISION IMPROVEMENT PERFORMANCE BOND Project Name: Lots 3-8 Block. 9 Lyons Commercia', Subdivision KNOW ALL MIEN BY THESE PRESENTS: That FOG Partners Two Limited having an address of 1745 W. Fle Cher Ave. Tama FL 33612 as Principals, and Fidelit & D having an address of 1333 Butterfield 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 Sate, as Surety, are held and firmly bound unto the City of Tamarac of Browa'd 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 o` Fort Thou and Six Hundred and Ei hteen Dollars ($40,615.00), lawful morey 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, the said Principal is required to furnish a Performance Bond to guarantee the installation of public improvements as indicated on the Certified Estimated Cost (Exhibit A attached) and on plans prepared by DeGirolmo and ,a Associates Inc. and approved by the Utilities Engineer or his designee on July 5 20-, for the Lots 3-8, Block 9. Lyons Commercial _Subdivision Project and to comply with requirements of Tamarac City Code Section 10-156. 981218 1 5ubdivi5ian Improvement Periarmsnce_Bond P, �?/b�I Ll7b1 by:11 oaJ7vo<vv� F ►%jL. u The- City is authorized to draw drafts when it is accompanied by a signed statement from the City of Tamarac or its authorized representative that: 1. The drawing is due to BOG Partners Two Limited failure to construct the public improvements; 2. That the Developer's obligations have not been completed and the City of Tamarac has been notified that the bond will not be extended; or 3. That a warranty bond that is required by Tamarac City Code has not been provided. This instrument shall be automatically renewed for successive periods of one (1) year each unless the said surety and/or the said Principal provide written notice to the City Clerk via registered mail of their intent to terminate the credit herein extended, which notice must be provided at least sixty (60) days prior to the expiration date of the original term hereon or any one (1) year term, or unless the City of Tamarac returns the original bond together with notification that it may be terminated. This bond shall remain in full force until improvements have been accepted by the City Commission and replaced by a Warranty Bond as required by City Code Section 10- 156. 981218 2 Subdivision Improvement Performance SQrI6 J f'►OC. U, e7/U5/ Eet;l u1j:II oij-jootooc w 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 5th_—day of 20_aj' SIGNED AND SEALED IN THE PRESENCE OF: (As to P(incipal) NOTE ✓/Ce Pis• pwr� (Title) for the President (Title) of Maryland Attorney in Fact (Title) for Surety Attested by (Title) The respective corporate seals should be affixed: pe 981218 3 Subdivision Improvement performance Band State Of Illinois County Of Cook I, Mar'orie 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 Attorney -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 5th day of July 2001 OJOOr10100A��1/11�1111` "OFFICIAL SEAL" + '> MARJORIE P. HOFMANN Notary Public Notary Public, State of Illinois • 9RJ38PX,! °W sion Expires ill 8/05 ; .ear••11�1101+•+11••11•�••11 .taw. 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 Vl, 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. Schwartz and illiam S. Fischbein, all of Chicago, Illinois, EACH its true and lawful agent and Attorney -in -Fact, to m ecute, s /unden deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakinnot to exceed the sum of ONE MILLION DOLLARS (S 1,000,000) and the execution of such bo ursuance of these presents, shall be as binding upon said Company, as fully and amply, to all inten uhad been duly executed and acknowledged by the regularly elected officers of the Company at i e in in their own proper persons. This power of attorney revokes that issued on behalf of Mark Vyers, w, Dennis M. Kelly, Daniel J. Schwartz, and William S. Fischbein, dated February 10, 1998� The said Assistant Secretary does hereby Section 2, of the By -Laws of said Company. IN WITNESS WHEREOF, the said affixed the Corporate Seal of the sail A.D. 2001. ATTEST: State of Maryland County of Baltimore ss: at the a set forth on the reverse side hereof is a true copy of Article VI, now in f ''ice �-Preside t Assistant Secretary have hereunto subscribed their names and LITY EPOSIT COMPANY OF MARYLAND, this 7th day of February, FIDELITY AND DEPOSIT COMPANY OF MARYLAND Bv: L. L. Goucher Assistant Secretary M. P. Hammond Vice President 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 COMPAIN"Y 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. tlOTAW PVt�'0 oo ;3 � Carol J. Fader Notary Public My Commission Expires: August 1, 2004 r