HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-259Temp. Reso.#9510
August 30, 2001 1
CITY OF TAMARAC, FLORIDA
k, RESOLUTION NO. R-2001-259
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 #LPM4122846 FROM FIDELITY AND
DEPOSIT COMPANY OF MARYLAND IN THE AMOUNT OF
$63,975.00, SUBJECT TO THE RECEIPT OF WARRANTY
BOND IN THE AMOUNT OF $15,993.75 FOR THE WATER
DISTRIBUTION AND SEWAGE COLLECTION SYSTEM
IMPROVEMENTS INSTALLED FOR THE WALGREEN'S
PROJECT LOCATED ON THE NORTHWEST CORNER OF
COMMERCIAL BOULEVARD AND PINE ISLAND ROAD;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Fog Partners Two, Ltd., has constructed the Walgreen's Project and
installed the Water Distribution and Sewage Collection System Improvements in
accordance with the Site Plan approved by the City Commission on June 14, 2000; and
WHEREAS, the Water and Sewer Developer's Agreement accepted and executed
by the City of Tamarac, requires Fog Partners Two, Ltd., to provide a Warranty Bond to the
City of Tamarac for the Walgreen's Project Water Distribution and Sewage Collection
System Improvements located on the northwest corner of Commercial Boulevard
1
Temp. Reso.#9510
August 30, 2001 2
and Pine Island Road (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 Performance Bond in the form of Surety Bond #LPM4122846 from
Fidelity and Deposit Company of Maryland in the amount of $63,975.00 (a copy of
which is attached hereto as "Exhibit 2") subject to the receipt of a Warranty Bond in the
amount of $15,993,75 to the City of Tamarac for the Water Distribution and Sewage
Collection System Improvements installed for the Walgreen's 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 Walgreen's 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
Temp. Reso.#9510
August 30, 2001 3
Fog Partners Two, Ltd for the Walgreen's 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 and
directed to release to the Utilities Department for return to Fog Partners Two, Ltd. a
Public Improvement Bond in the form of Surety Bond # LPM4122846 in the amount of
$63,975.00 subject to the receipt and acceptance of a Warranty Bond for the Water
Distribution and Sewage Collection System Improvements in the amount of $15,993.75
for the Walgreen's project located on the northwest corner of Commercial Boulevard
and Pine Island Road 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
EXHIBIT I
TEMP. RESO. # 9 510
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WALGREENS
PERFORMANCE BOND RELEASE
Exhibit 2
Bond Number: LPM4122846
MP M PE RMANC p
Project Name: 3
KNOW ALL MEN BY THESE PRESENTS: That
having an address of n46 Pr(ncipals, and
FidelitZ and Deposit Co m anX of Maryland. having an auddre" of
1333 Butterfield Road, Downers Grove IL 60515 a corporation, wdstinp
under the laws of the State of Florida, and having hemtDfbre complied with all ttte
requiremarrls orf 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 Be Avenue, T8nwrac. Florida, 33321 in the full
and just sum ofS TItC�1 Dollars
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,
thelt heirs, executors. adm(nistrators. 2=0essora or assigns mspecdvely, as the case
may be. jointly and sevmrally, firmly by these presents.
WHEREAS, the said Principal is required to furnish a Performance Bond to
guarantee the installation of public improvemeft as indicated on the C wNed
Estimated Cost (ExhD* A attached) and on plans prepared by r � S4Qr, iQa,
and approved by the Utilities Engineer or his designee on JQ ze for
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the Project and to damply with
regWrementa of Tamarac CIN Code Section 10-158.
aei�,e 1 awwhi*n 1MPVVv eKtPWftM"nae Sono
The City of authorized to draw draft at sight accompanied by a signed statament
i for the City of Tamarac or ib authorized representative that
1: The drawing Is due to 1tS r L (IT�D
faliurs to constr�d the public improvements:
2. That the doper's obligations have not been corrrpleted and the City of
Tamarac has been notified that the bond wN not be +extended; or
•
S. That a warranty bond that Is required by Tamarac City Cods hm not been
provided.
This lneb neat shall be automatically renewed for succomive periods of one (1) year
.1.: each uNess thQ said surety and/or the said principal provide written notice to the City
,! Clerl via risglst mail of their intent to terminate the .credit herein extended, which
notice must. be provkied at. least sbcty (80) days prior to the expiration daft of the
original term hereon or any one (1) year tern i, or unkm Vo City of Tarnerac rehrns the
oftinal letter of credit togetherwhh notmcation that it ray be•trminow.
This bond shall remain In full force until. Improvements have been etz�pted by the City
Commission and re&ced .by a Warranty Bond its required by City Gods Section 1.0-
i 158.
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i oeixrs x aa,ee�nse„ �.�.�rwe�,e�aone
IN WITNESS WHEREOF, the above bounden parties have executed their instrurnerrt by
afting their corporate namea and seals hereto and coming their aura dzad
rOPreeentxWes to sign these present, pursuant loo the ai.rthortty of their governing
bod"rasa on this 19 th day of -- July . 1J,000
SIGNED AND SEALED
IN THE PRESENCE OF:
(As to Prinapalj
FOG Partners Two, Limited
-Rq rCC CiL+IW� �T+CiI C-mil.-�,9t Pi9(47�fSe
By:
(rdfeyf6rldent Michael P. Rice
Attested by
Mue)
f Maryland
NOTE: The MOPOC&e corporaba seals should be of ed:
Counter signed by Florida resident ag t
16121 • 3 -5004 M bnpr vwft x pwft wnM Barre
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE: P.O. BOX 1227, 9AL71MORE, MD 21203-12V
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 true 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 21340,bonds and rtakings, each in a penalty not to exceed
the sum of ONE MILLION DOLLARS (S1,000,000) and the executich bonds rtakings in pursuance of these presents, shall be
as binding upon said Company, as fully and amply, to all intents and pu ftlifIthey h duly executed and acknowledged by the regularly
elected officers of the Company at its office in Baltimore, Md., in their toper 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.
IN WITNESS WHEREOF, the said Vice -President and ccretary h unto subscribed their names and affixed the Corporate Seal of
the said FIDELITY AND DEPOSIT COMPANY OF MARY , this IOth Ay ebruary, A.D. 1998.
ATTEST: FIDELITY POSITANY OF MARYLAND
7. E. Smith
By: aLctic�r
W B. Walbrecher Vice -President
State of Maryland ss: `�\v
County of Baltimore
On this loth day of February, A.D. 1998, befo 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 offr 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.
J.
Car l 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 I 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 Attomey-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 1 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
l2th day of mo n
Assistant Secretary
L1428-036-0486
State Of Illinois
County Of Cqolk
I, _ Kimberly Renee Marco , a Notary Public in and for the County, in the State
aforesaid, do hereby certify that Mark T. Mayers
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 19th day of July 2000
Notary Public
BR(36)17 REV.0911998
111111oe1111♦111110/1111111:
e "OFFICIAL SEAL" 1
KIMBERLY RENEE MARCO
Notary Public, State of Illinois
° IVv Commission Expires 3/15/04 ;
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