HomeMy WebLinkAboutCity of Tamarac Resolution R-99-175Temp. Reso. # 8688
June 29, 1999
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO, R-99-�
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO RELEASE
PERFORMANCE BOND (LETTER OF CREDIT # BA-374) IN
THE AMOUNT OF $24,481.70 POSTED FOR PUBLIC
IMPROVEMENTS AT WALGREENS LOCATED ON 6401
WEST COMMERCIAL BOULEVARD SUBJECT TO RECEIPT
OF A WARRANTY BOND IN THE AMOUNT OF $6,120.43;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Lefmark, Florida, Inc. with Amwest Surety as Surety furnished to the
City a good and sufficient bond in the total amount of $24,481.70 to guarantee public
improvements at the Walgreens store located at 6401 West Commercial; and
WHEREAS, according to City Code Section 10-156 the bond shall remain in full
force until the improvements have been accepted and a one-year warranty bond has been
submitted to the City; and
WHEREAS, the facilities have been inspected and found acceptable by the Public
Works Engineering Division; and
WHEREAS, it is the recommendation of the Public Works Director and City Engineer
that the performance bond be released subject to receipt of a warranty bond in the amount
of $6,120.43 pursuant to City Code Section 10-156; 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 (Letter of Credit # BA-374) in the amount of $24,481.70 posted for
improvements at Walgreens located on 6401 West Commercial Boulevard subject to
receipt of a warranty bond in the amount of $6,120,43,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA THAT:
UAAdm Correspondence\Resolutions\Resolution\99-Walgreens Perfomance Bond Release.doc
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Temp. Reso. # 8688
June 29, 1999
Page 2 of 2
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 to release the
performance bond (Letter of Credit # BA-374) in the amount of $24,481.70 posted for
public improvements at Walgreens located on 6401 West Commercial Boulevard subject
to receipt of a warranty bond in the amount of $6,120.43 (a copy of the Letter of Credit is
attached hereto as "Exhibit 1 ").
Section 3: That all Resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
Section 4: If any clause, section other part or application of this Resolution is held
by any court of competent jurisdiction to be unconstitutional or invalid, in part or application,
it shall not affect the validity of the remaining portions or applications of this Resolution.
Section 5: This Resolution shall become effective immediately upon its passage
and adoption.
I�
PASSED, ADOPTED AND APPROVED thisL�day of 1999.
ATTEST:
&a,c (-Z-v
CAROL GOLA CMC/AAE
CITY CLERK
I HEREBY CERTIFY that I have
appr ved his RESOLUTION as
to orr�aN --1 A
ITCHELL S.
CITY ATTO
OE SCHREIBER
MAYOR
RECORD OF �I11$BKN
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UAAdm Correspondence\Resolutions\Resolution\99-Walgreens Perfomance Bond Release.doc
TO: City Manager
FROM: City Engineer
Recommendation:
CITY OF TAMARAC
INTEROFFICE MEMORANDUM
PUBLIC WORKS DEPARTMENT
DATE: June 29, 1999
RE: Release of Performance Bond for
Walgreens — 6401 West Commercial
Blvd.
Commission Meeting of
July 14, 1999
Temp. Reso. # 8688
The City Engineer recommends the release of a performance bond in the amount of
$24,481.70 for paving and drainage improvements upon receipt of a warranty bond in
the amount of $6,120.43.
Issue:
• To release the performance bond in the amount of $24,481.70 as the construction of
Walgreens at 6401 West Commercial Boulevard has been completed.
•
Background:
According to City Code Section 10-156 a performance bond shall remain in full force
until the improvements have been accepted and a one-year warranty bond has been
submitted to the City.
The Director of Public Works and the City Engineer recommend the release of the
performance bond in the amount of $24,481.70 for paving and drainage improvements
at the new Walgreens store at 6401 Commercial Boulevard, upon receipt of a warranty
bond in the amount of $6,120.43. The City Engineering Division has inspected the
facilities and found the work to be acceptable.
Azita Behmardi
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1llldlr C ILL • 1y0 y0'J4JU1 .furl ou
BankAtlantic.
September 10, 1998
Mr. Kurt Schoenfelder
City of Tamarac
7525 Northwest 88th Avenue
Tamarac, Florida 33321
RE: Irrevocable Standby Letter of Credit Number BA-374
Gentlemen:
HankAl•IHntic
PA. Rnz 8608
Pon l.auderdth, i'Inrida 33310.860M
(954) 760-50M
We hereby establish our In -evocable Standby Letter of Credit in your favor by order of and for the
account of LEF%Tamarac, Ltd. up to an aggregate amount of Twenty Four Thousand Four Hundred
Eighty One and 70/100 Dollars ($24,481,70) which is available for payment by your draft drawn on
us at sight being marked "drawn under BankAtlantic, a Federal Savings Bank, Letter of Credit
Number BA-374 dated September 10, 1998" and accompanied by:
1. This original Standby Letter of Credit.
2, A statement purportedly signed by an authorized representative of. the City of
Tamarac stating that LEM'amarac, Ltd. has failed to comply with the Water and
Sewer Developers Agreement for sidewalks, curbs and gutter work, (sec
attached),
We engage with you that all drafts drawn under and in compliance with the terms of this better of
Credit will be honored if presented at this bank on or before September 10, 1999.
Except as otherwise stated herein, this credit is subject to the "Uniform Customs and Practices for
Documentary Credits 0 993 Revision) International Chamber of Conunerce (Publication 500)". If
a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law
should arise, Florida law shall prevail. If a conflict between the law of another state or country and
Florida law should arise, Florida law shall prevail.
4iaVVuly yo s,
m L. Aber
Senior Vice President
Credit Administration
L�J
EXHIBIT 1 "'`�
r1
LJ
SUBDIVISION IMPROVEMENT WARRANTY BOND
Replacement for Bond Dated 22"d Day of June, 1999
Project Name: WALGREENS TAMARAC
KNOW ALL MEN BY THESE PRESENTS: That LEF/Tamarac Ltd. having
an address of 2601 South Ba shore Drive Miami FL 33133 as Principals, and
AMWEST SURETY INSURANCE COMPANY having an address of
1235 North Loop West Suite 305 Houston Texas 77008 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 881h Avenue, Tamarac, Florida 33321 in the full and just sum of Six Thousand
One Hundred Twenty -One- Dollars 6 120.43) 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, in accordance with the terms of Section 10-156, as amended by Ordinance
93-23, paragraph (b) of the Tamarac City Code, there is a requirement that a bond in the
amount of 25 percent of the actual cost of the Subdivision improvements be posted upon
formal acceptance of said Subdivision Improvements by the City Commission, and
WHEREAS, in compliance with said warranty bond requirements, said Principal is
required to furnish a good and sufficient bond in a surety company licensed to do business in
the State of Florida conditioned upon the correction of all insufficiencies in design, workmanship
and/or materials which are found within one year of the date of the formal acceptance of the
Subdivision Improvements by the City commission of the City of Tamarac, Florida.
1 Subdivision Improvement Warranty Bond
NOW, THEREFORE, the condition of the obligation is such that if the said Principal, its,
successors, legal representatives or assigns shall have made all corrections and shall have
paid all claims for the cost of correcting all insufficiencies in design, workmanship and/or
materials discovered within one year of the date of formal acceptance of the Subdivision
Improvements by the City Commission of the City of Tamarac, Florida, then this obligation shall
be void; else to continue in full force and effect.
Prior to the end of the calendar year following said City Commission's formal
acceptance of the Subdivision Improvements warranted by this bond, the City Engineer or
designee shall inspect them for final release. If his investigation reveals any insufficiencies,
then he shall notify the Principal, in writing, that the work is unacceptable.
The Principal and the Surety, jointly and severally, agree that said City of Tamarac shall
have the right to correct insufficiencies in design, workmanship and/or materials in the event
the Principal should fail or refuse to do to within ninety (90) days after said written notice by the
City Engineer, and, pursuant to public advertisement and receipt and acceptance of bids, cause •
and insufficiencies in design, workmanship and/or materials to be corrected. In such case, the
Principal and Surety shall be jointly and severally liable hereunder to pay and indemnify said
City upon the correction of said insufficiencies in design, workmanship and/or materials, the
final total cost thereof, including but not limited to engineering, legal and contingent costs
together with any damage, direct or consequential, which said City of Tamarac may sustain on
account of the failure of the Principal to comply with all of the requirements hereof.
Upon recommendation by the City Engineer for final acceptance and upon compliance
by Principal with applicable conditions, as hereinabove stated, the City Engineer will then
recommend to the City Commissions the release of this reduced bond, by resolution.
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 30' day
of June 1999.
2 Subdivision Improvement Warranty Bond
•
•
•
SIGNED AND SEALED
IN THE PRESENCE OF:
LEF/Tamarac, Ltd., by its
General Partner
LEF/Tamarac. Inc.
(Surety)
Countersigned by:
Cheryl Beaird, Resident Agent
Howard W. Thi aut
Vice President
(Title) for the President
Attested by Sandra E. Ray
Corporate Secretary
(Title)
(Name)
W.L. Kottwitz, r./Attorney-In-Fact.
(Title) for Surety
AA.1,-Sala�
Attested by
John S. Canter, Sr. Account Executive
(Title)
Note: The respective corporate seals should be affixed.
Subdivision Improvement Warranty Bond
EXPIRATION DATE 10-14-99 POWER NUMBER 0000792739
READ CAREFULLY
This document is printed on white paper containing the artificial watermarked logo (A ) of Amwest Surety Insurance Company (the "Company") on the front
and brown security paper on the back. Only unaltered originals of the POA are valid. This POA may not be used in conjunction with any other POA. No
representations or warranties regarding this POA may be made by any person. This POA is governed by the laws of the State of California and is only valid until
the expiration date. The Company shall not be liable on any limited POA which is fraudulently produced, forged or otherwise distributed without the permission
of the Company, Any party concerned about the validity of this POA or an accompanying Company bond should call your local Amwest branch office at
713 990-4545
ALL
, that Amwest
constitute and appoint:
DOLORESCEDERGREN
W.L. KOTTWITZ, JIL
JAMES B. KOTTWITZ
W-L- KOTTWITZ, SR.
AS EMPLOYEES OF FRANK CRYSTAL & CO OF TEXAS INC
Company, a Nebraska corporation (the
make,
its true and lawful Attomey-in-Fact, with limited power and authority for and on behalf of the Company surSecute, ibo,,
affix the seal of the company
thereto if a seal is required on bonds, undertakings, recognizances, reinsurance agreement for a Miller Act o r perfo other written obligations in
the nature thereof as follow:
Bid Bonds up to $•*1,000,000.00
Contract (Performance & Payment), Court, Subdivision S**2,000,000.00 0
License & Permit Bonds up to S•*2,000,000.00
MbtceDaneous Bonds up to 5**2,000,000.00
Small Business Administration Guaranteed Bonds up to S * *2,000,000.00 { t
and to bind the company thereby. This appointment is made under and by
I, the undersigned secretary of Amwest Surety Insurance Company, a
force and effect and has not been revoked and furthermore, that the re
provisions of the By -Laws of the Company, are now in full force anci
Bond No.
Signed & sealed thi
i Mt � alr tlr # 4t 4F ilt � �
This POA is signed and sealed by facsimile under
Company at a meeting duly held on December
RESOLVED, that the President or any e
authority as defined or limited in the ins me
of the Company to bonds, undertaking , n
revoke any POA previously gran rso.
RESOLVED FURTHER that an nd, unde
(i) when signed by the President o any V0
(ii) when signed by the President or anyykc
LtNMe By -La wife oJInZT tdNich are now in full force and effect.
orporation D kBYTIFY that this Power ofAttorney remains in full
'the Boardfo on this Power of Attorney, and that the relevant
Karen G. Cohen, Secretary
40 DIRECTORS +It aft & . * itr * * rlt 4r
rwir#,Less utions adopted by the Board of Directors of Amwest Surety Insurance
Vy
Vecccretary or any Assistant Secretary, may appoint attorneys -in -fact or agents with
case, for and on behalfof the Company, to execute and deliver and affix the seal
s of al I kinds-, and said officers may remove any such attorney -in -fact or agent and
Wsuretyship obligation shall be valid and bind upon the Company:
and sealed (if a seal be required) by any Secretary or Assistant Secretary- or
or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly
authorized attorney -in -fact or age o
(iii) when duly executed and seal (if a requi one or more attomeys-in-fact or agents pursuant to and within the limits of the authority evidenced
by the power of attorney issue ompany to suc person or persons.
RESOLVED FURTHER, that the si a re of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or certification
thereof authorizing the execution and deli ery of any bond, undertaking, recognizance, or other suretyship obligations of the Company-, and such signature and seal
when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, Amwest Surety Insurance Company has caused these presents to be signed by its proper officers, and its corporate seal to be hereunto
affixed this 14th day of December, 1995.
—QC2:A
State ofCal ifomia John E. Savage, Pre dent Karen G. Cohen, Secretary
County of Los Angeles
On December 14, 1995 before me, Peggy B. Lofton Notary Public, personally appeared John E. Savage and Karen G. Cohen, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me all that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s nt in nJ en he e n o e nt' u n h
of which the oerson(s) acted, executed the instrument.
�'�•.�11�'N'SrU'•u,,� WITNESS hand and official seal.
..............q .( C+ nWnWt� t;toirDY
Q` 0i,'• (7 - Si nature Seal
e . Lofton, Notary PAW My Comm. EViswAtg6.IM
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