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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