HomeMy WebLinkAboutCity of Tamarac Resolution (16)January 23, 2002 -Temp. Reso. #9622
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2002-016
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO RELEASE PUBLIC
IMPROVEMENT PERFORMANCE BOND #LPM4122847
FROM FIDELITY AND DEPOSIT COMPANY OF MARYLAND
AS SURETY, IN THE AMOUNT OF $69,623.35 POSTED BY
FOG PARTNERS TWO, LIMITED, FOR PAVING, SIDEWALK
AND CURB IMPROVEMENTS AT THE WALGREENS STORE
#6352 PROJECT LOCATED ON THE SOUTH SIDE OF NW
57T" STREET BETWEEN PINE ISLAND ROAD AND NW
91 ST AVENUE, SUBJECT TO THE RECEIPT OF A ONE-
YEAR WARRANTY BOND IN THE AMOUNT OF $17,405.84;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Fog Partners, Two Limited, has constructed paving, sidewalk and curb
improvements at the Walgreens Store #6352 project in accordance with the Site Plan
approved by the City Commission on June 14, 2000 through resolution number R-2000-
158; and
WHEREAS, pursuant to Section 10-156(a) of the City Code, Fog Partners, Two
Limited, submitted a Public Improvement Performance Bond #LPM4122847 from Fidelity
and Deposit Company of Maryland as Surety, in the amount of $69,623.35, a copy of
which is attached hereto as "Exhibit A", for improvements within the right of way; and
WHEREAS, the paving, sidewalk and curb improvements were inspected and found
to be in accordance with the approved Engineering plans; and
January 23, 2002 -Temp. Reso. #9622
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WHEREAS, Fog Partners, Two Limited, has requested the release of this Public
Improvement Performance Bond #LPM4122847 from Fidelity and Deposit Company of
Maryland as Surety, in the amount of $69,623.35, a copy of which is attached hereto as
"Exhibit A"; and
WHEREAS, Section 10-156(b) of the City Code requires that that Public
Improvement Performance Bond be released subject to the receipt of a one-year Warranty
Bond in the amount of twenty five percent (25%) of the original bond to the City of Tamarac
for the construction of paving, sidewalk and curb improvements for the Walgreens Store
#6352 project; and
WHEREAS, it is the recommendation of the Director of Public Works and the
Assistant City Engineer that the Public Improvement Performance Bond be released for the
Walgreens Store #6352 project for paving, sidewalk and curb improvements, subject to
the receipt of a one-year Warranty Bond from Fog Partners, Two Limited; 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 #LPM4122847 from Fidelity and Deposit Company of
Maryland as Surety, in the amount of $69,623.35 for the construction of paving, sidewalk
and curb improvements of the Walgreens Store #6352 project, subject to the receipt of a
one-year Warranty Bond in the amount of $17,405.84, from Fog Partners, Two Limited.
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January 23, 2002 -Temp. Reso. #9622
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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 Public Improvement Performance Bond #LPM4122847 from Fidelity and Deposit
Company of Maryland as Surety, in the amount of $69,623.35, for the construction of
paving, sidewalk and curb improvements subject to the receipt of a one-year Warranty
Bond in the amount of $17,405.84 for the Walgreens Store # 6352 project in accordance
with Section 10-156(b) of the City Code.
Section 3: That 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:
and adoption.
January 23, 2002 -Temp. Reso. #9622
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This Resolution shall become effective immediately upon its passage
PASSED, ADOPTED, AND APPROVED this 23d day of January, 2002.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that I
have approved this
RESOLUTION as to form
LZ JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER A M
DIST 1: COMM. PORTNER Ag
DIST 2: COMM. MISHKIN Aye,
DIST 3: V/M SULTANOF A el
DIST 4: COMM. ROBERTS A er
u
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EXHIBIT "A"
Temp. Reso. #9622
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Bond Number: LPM4122847
uga RHANg&O
project Name:
KNOW ALL MEN BY THESE PRESENTS: That "16 I1�! ►-TUP
having an address of 1'745 V. A-VM-i(Or? A7U T'04AW ,
as Principals, and
Fidelit and Deposit Gom having an address of
1333 Butterfield Road, Downers Grove IL bOSlS
a caorporatton. eodsthq
under the taws of fire State of Florida, and having hemtoforo = mpried wilt all the
requiraments of the laws of the State of Florida regulautg the admission of such
i
co►Poradran to trarmact business In this State as Suratyr, are h*W and flrrrrly bound unto
i
the City of Tamarac of Broward County, a municipal corporation of the Statr, of Florida.
I having an address of 7525 Norfttw+est 8e Avenue, Tamarac. Florida. 33321 in the full
and just sum 6f Dollars (S
" WAOS h?4 -Wkt FW6 I6Ur,
laWkd money of the united Stated of America far which paid to
cum well and trz, to be
sand Clky ofTomwac, the Bald Principe( surd the said Suro
I _ ty do hereby bind therneeives,
their +r'a eocecutars, admirimbVtoars, succeesors or assigns respwttvely, its the case
i
M2Y be. joitmy and severally, tlrmly by these presents. ~
i
WHEREAS. the aaid Principal Is required to itrmish a Performance Bond to
i guarantee the installation of public Improvermentr, im Indicated on the Cerffiied
Fsdrtrated Cast (ExhtZE
ched) and on plans prepared by w 1.
and approved by thengineer or his ditignes an JQQ4 13 -_ -fCW
the .
Project and to comply with
requlnernenba of Tamarac Cory Code Section 10-156.
ears+s 1 sr+a+ trripvo�e,ent wurae+.ne. gene
EXHIBIT "A"
Temp. Reso. #9622
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The City of authorized to draw drafts at sight accompanied. by a signed statement
for the City of Tamarac or Its authorized representattve that:
1. The drawing is duo to_,k-1 r,.ib, l- ll"� D
failure to construct the public Improvements;
2. That the Developer's obligations have not been completed and the City of
Tamarac hag been notified that the bond will not be extended; or
3. That a waerrarrty bond that Is required by Tamarac City Code has not been
provided.
This Instrwrlent shall be automatically renewed for successive periods of one (1) year
each unless the said surety and/or the said Principal provide wdtten notice to the City
Clerk via registered mail of their intent to terminate the credit herein trxtanded, which
notice must be provided at least abay (60) Mays prior to the expiration data of the
origiinal term hereon or arty one (1) year term, or unless the City of Tamarac nuns the
original letter of credit together with notification that it may be -terminated.
This bond shall remain in full farce until improvements have been accepted by the City
Comrr a elon and replaced by a Warranty Bond as required by City Code Section 10-
Ise.
041279 2 9ubdhislwn MrWarom ut Pwhwmame BOW
EXHIBIT "A"
Temp. Reso. #9622
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IN WITNESS WHEREOF, the above bounden parties have axecuted their instrument by
alfbdng their corporate names and seals hereto and causing their authortzed
reprementatives to sign these presents, pursuant to the authority of their governing
bodies on this 19 th day of July Ipg 2000
SIGNED AND SEALED
IN THE PRESENCE OF:
7
(As to Principal)
FOG Partners Two Limited
r & 1 �"C • �N 6�4-VAaWi X
B
(Tate) for thqPTwldent
V/G F-
Attested by
(TMc)
Fidel nd De 2sit�ny of Maryland
B
(Title) for Surety
Att r ney--in-Fact
Wby
NOTE: The respective Corporate seals should be affixed:
Counter signed by Florida resident ag t
W121 g 3 5ubd6 tftft WVf& Krd t Pe krwdea Bond
EXHIBIT "A"
Temp. Reso. #9622
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Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOMSOFFICE: P.O. BOX 1227, BALTIMORE, MD 21203-1227
Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of
Maryland, by W. B. WALBRECHER, Vice -President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, 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, Stephan L. Upshaw, Dennis M. Kelly, Daniel J. Schwartz and
William S. Fischbein, all of Chicago, Illinois, EACH its taste and lawful agent and Attorney -in -Fact, to make, execute, seal and
deliver, for, and on its behalf as surety, and as its act and deed: any an bonds and rtakings, each in a penalty not to exceed
the sum of ONE MILLION DOLLARS ($1,000,000) and the executich bonds makings in pursuance of these presents, shall be
as binding upon said Company, as fully and amply, to all intents and - u if they h duly executed and acknowledged by the regularly
elected officers of the Company at its office in Baltimore, Md., in their roper perso s power of attorney revokes that issued on behalf of
Mark T. Meyers, etal, dated March 10, 1997.
The said Assistant Secretary does hereby certify that the extrac on the ide hereof is a true copy of Article VI, Section 2, of the
By -Laws of said Company, and is now in force. o e
IN WITNESS WHEREOF, the said Vice -President and A ecretary h unto subscribed their names and affixed the Corporate Seal of
the said FIDELITY AND DEPOSIT COMPANY OF MARY I4H9, this loth ebruary, A.D. 1998.
o O
ATTEST: FIDELITY A POSIT �� ANY OF MARYLAND
./ n
T. E. Smith
By:!�+Z%�
W. B. Walbrecher Vice -President
State of Maryland ss:
County of Baltimore
On this IOth day of February, A.D. 1998, befor scriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came
W. B. WALBRECHER, Vice -President and T. E. Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me
personally known to be the individuals and offi a 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 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.
i 40.
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A2, q
a Car 1 J. Fader Notary Public
My C miss' Expires: August 1, 2000
CERTIFICATE
1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, 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 1 do further certify that
the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors
to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of
the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I Oth day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any
Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of
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."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this
19 t:h day of
IC/
Assistant Secretary
L1428-036-0486
State Of Illinois
County Of Cook
EXHIBIT "A"
Temp. Reso. #9622
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I, Kimberly Renee Marco _ _, 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 sot forth.
Given under my hand and notarial seal this 19th day of July 2000
Notary Public
BR(36)17 REV.09/1998
••••/4••••••••1.1111/11••11/
"OFFICIAL SEAL"
KIMBERLY RENEE MARCO
Notary Public, State of Illinois
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• My Commission Expires 3/15/04 •