HomeMy WebLinkAboutCity of Tamarac Resolution (154)May 22, 2002 -Temp. Reso. #9737
Page 1 of 4
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2002-154
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO RELEASE A PERFORMANCE BOND IN THE
FORM OF SURETY BOND #LPM4122940 FROM FIDELITY &
DEPOSIT COMPANY OF MARYLAND, IN THE AMOUNT OF
$45,088.80 POSTED BY FOG PARTNERS TWO, LIMITED FOR
PAVING AND DRAINAGE IMPROVEMENTS FOR LOTS # 3-8,
BLOCK 9, LYONS COMMERCIAL SUBDIVISION, UNIT #2,
LOCATED ON THE NORTH SIDE OF COMMERCIAL
BOULEVARD BETWEEN PINE ISLAND ROAD AND NW 911T
AVENUE, SUBJECT TO THE RECEIPT OF A ONE-YEAR
WARRANTY BOND IN THE AMOUNT OF $11,272.20;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Fog Partners Two, Limited has constructed paving and
drainage improvements on Lots # 3-8, Block 9, Lyons Commercial Subdivision,
Unit #2 in accordance with the Site Plan approved by the City Commission on
November 28, 2001; and
WHEREAS, pursuant to Section 10-156(a) of the City Code, Fog Partners
Two, Limited submitted a Performance Bond in the form of surety Bond
#LPM4122940 from Fidelity & Deposit Company of Maryland in the amount of
$45,088.80, a copy of which is attached hereto as "Exhibit A", for improvements
within the right of way; and
WHEREAS, the paving and drainage improvements covered under this
bond were inspected and found to be in accordance with the approved
Engineering plans; and
WHEREAS, Fog Partners Two, Limited has requested the release of this
Performance Bond in the form of Surety Bond #LPM4122940 from Fidelity &
Deposit Company of Maryland in the amount of $45,088.80, a copy of which is
attached hereto as "Exhibit A"; and
May 22, 2002 -Temp. Reso. #9737
Page 2 of 4
WHEREAS, Section 10-156(b) of the City Code requires that the
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 and drainage improvements for Lots #
3-8, Block 9, Lyons Commercial Subdivision, Unit #2; and
WHEREAS, it is the recommendation of the Director of Public Works and
the Assistant City Engineer that the Performance Bond be released for Lots # 3-
8, Block 9, Lyons Commercial Subdivision, Unit #2 for paving and drainage
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 Performance Bond in the form of Surety Bond #LPM4122940 from
Fidelity & Deposit Company of Maryland in the amount of $45,088.80 for the
construction of paving and drainage improvements for Lots # 3-8, Block 9, Lyons
Commercial Subdivision, Unit #2, subject to the receipt of a one-year Warranty
Bond in the amount of $11,272.20, from Fog Partners Two, Limited.
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. 1
Section 2: The appropriate City Officials are hereby authorized to
release Performance Bond in the form of Surety Bond #LPM4122940 frdm
Fidelity & Deposit Company of Maryland in the amount of $45,088.80, for the
construction of paving and drainage improvements subject to the receipt of a
one-year Warranty Bond in the amount of $11,272.20 for Lots # 3-8, Block 9,
May 22, 2002 -Temp. Reso. #9737
Page 3 of 4
Lyons Commercial Subdivision, Unit #2 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: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED thisl2th day of June, 2002.
JOE SCHREIBER
MAYOR
ATTEST:
MARION WENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESO UTION as to form.
MITCHELL S` (RAI
CITY ATTORNEY
I
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
AYE
DIST 1:
VIM. PORTNER
AYE
DIST 2:
COMM. MISHKIN
AYE
DIST 3:
COMM. SULTANOF
AYE
DIST 4:
COMM. ROBERTS
AYE
1
1
EXHIBIT "A"
Temp. Reso. #9737
Page 1 of 6
UBDIVISION IMPROVEMENT _PERFORMANCE BOND Bond # LPM41229
Project dame: Lyts�3-8 ,Block 9, Lyons Commercial Subdivision
KNOW ALL MEN BY THESE PRESENTS: That FOG Partners Two Limited
having an address of 1745 W. Fletcher Ave., Tampa, FL 33- L as Principals,
and Ff & De having an address of
1333 Butterfield Road Downers Q oy - TL 60515 r_ 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 880 Avenue, Tamarac, Florida, 33321 in the full
and just sum of Forty Five Thousand_ Five HundreEight Four Dollars and Fifty
Five cents ($45,088,80), 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, 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 DigGiEgIrrig and
Associates Inc. and approved by the Utilities Engineer or his designee on .t_ my
-------� T -- ..- _ :....._Y._,..s Commercial Subdivision Project
11 0 0l for the Lots- 3-13 -Block 9 Lon
and to comply with requirements of Tamarac City Code Section 10-156.
EXHIBIT "A"
- Temp. Reso. #9737
Page 2 of 6
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 FOG 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.
EXHIBIT "A"
Temp. Reso. #9737
Page 3 of 6
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 i i day of _.tidy _ , 20D-L.
SIGNED AND SEALED
IN THE PRESENCE OF:
FiOel-iLy & jrA2,g.j,G —C-Qmpany,..of Maryland
Dennis M Kelly
NOTE
v lC� �I��5. err! is►/C
(Title)
Attested by
(Title)
Attorney in fact
(Title) for Surety
The respective corporate seals should be affixed:
9al21d 3 subdivision Improvement Perin►franca Bond
EXHIBIT "A"
Temp. Reso. #9737
Page 4 of 6
State Of Illinois
County Of Cook
I, _ _ Marjorie P Hofmann a Notary Public in and for the County, in the State
aforesaid, do hereby certify that Dennis M Kelly
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 undermy hand and notarial seal this 11th day of July 2001
"OFFICIAL SEAL" ~CV
• MARJORIE P. HOFMANN : Notary Public
eR�a6r�� Notarg Public, State of Illinois
• R5ylt'ammission Expires 1/18/05 +
•s�s•w.••wrw•r•••Nwf••••.•♦
EXHIBIT "A"
Temp. Reso. #9737
Page 5 of 6
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.
corporation of the State of Maryland, by M. P. HAMMOND, Vice President, and L. L. GOUCHER, Assistant Secretary,
pursuance of authority granted by Article V1, Section 2, of the By -Laws of said Company, which are set forth on the revers
side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute ar
appoint Mark T. Meyers, Dennis M. Kelly, Daniel J. Schwartz and illlam S. Fischbein, all of Chicago, Illinoi
EACH its true and lawful agent and Attorney -in -Fact, to m ecute, s� deliver, for, and on its behalf as surety, ar
as its act and deed: any and all bonds and und.ertakin Win a not to exceed the surn of ONE MILLIO'
DOLLARS (S 1,000,000) and the execution of such bo underta n pursuance of these presents, shall be as bindin
upon said Company, as fully and amply, to all intent urposes hey had been duly executed and acknowledged b
the regularly elected officers of the Company at i e in Ba e, Md., in their own proper persons. This power c
attorney revokes that issued on behalf of Mark yers, St L. Upshaw, Dennis M. Kelly, Daniel J. Schwartz, an
William S. Fischbein, dated February 10, 1998.E �., -
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 saidZET1
A.D. 2001. ��
ATTEST:
State of Maryland
County of Baltimore ss:
Oat the � set forth on the reverse side hereof is a true copy of Article V:
now in
eside t'Assistant Secretary have hereunto subscribed their names ani
Y DEPOSIT COMPANY OF MARYLAND, this 7th day of February
OQ� FIDELITY AND DEPOSIT COMPANY OF MARYLAND
BV:
L. L. Goucher .Assistant Secretary
M. A Hammond mice 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 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, 1 have hereunto set my hand and affixed my Official Seal the day and year first above
written.
Carol J. Fader Notary Public
My Commission Expires: August 1, 2004
EXHIBIT "A"
Temp. Reso. #9737
Page 6 of 6
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senn
Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committe,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Residei
Vice -Presidents, Assistant Vice -Presidents and Attomeys-in-Fact as the business of the Company may require, or t
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulation:
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments i
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned. Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certib
that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on thf
date of this certificate; and 1 do further certify that the Vice -President who executed the said Power of Attorney was one o;
the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -fact as provided ir.
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 10th 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 day of '�
Assistant Secretary