HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-191Temp. Reso. #9042
May 30, 2000 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2000- / '(
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO RELEASE A PUBLIC
IMPROVEMENT WARRANTY BOND IN THE FORM OF A
SURETY BOND #115000647 FROM AMWEST SURETY
INSURANCE COMPANY IN THE AMOUNT OF $4,687.50
FOR THE WATER DISTRIBUTION AND SEWAGE
COLLECTION SYSTEM IMPROVEMENTS INSTALLED BY
LEF/TAMARAC, LTD., FOR THE WALGREENS TAMARAC
PROJECT LOCATED ON THE NORTHWEST CORNER OF
COMMERCIAL BOULEVARD AND NW 64th AVENUE;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, LEF/Tamarac, Ltd., has constructed the Walgreens Tamarac Project
and installed the Water Distribution and Sewage Collection System Improvements in
accordance with the Site Plan approved by the City Commission on March 25, 1998; and
WHEREAS, the Water and Sewer Developer's Agreement accepted and
executed by the City of Tamarac on September 23, 1998, requires LEF/Tamarac, Ltd.,
to provide a one-year Warranty Bond to the City of Tamarac for the Walgreens
Tamarac Project Water Distribution and Sewage Collection System Improvements
located on the northwest corner of Commercial Boulevard and NW 64th Avenue (a copy
of which is attached hereto in map form as "Exhibit 1 "); and
WHEREAS, LEF/Tamarac, Ltd., has requested the release of a Public
Improvement Warranty Bond in the form of a Surety #115000647 Bond from Amwest
Surety Insurance Company in the � !count of $4,687.50 (a copy of which is attached
hereto as "Exhibit 2") for the Wate, iistribution and Sewage Collection System
Improvements installed for the W reens Tamarac Project; and
Temp. Reso. #9042
May 30, 2000 2
WHEREAS, the Improvements were inspected, approved and are recommended
for acceptance for City ownership by the Utilities Engineering Division; and
WHEREAS, it is the recommendation of the Interim Director of Utilities that the
Public Improvement Warranty Bond be released for the Walgreens Tamarac 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 Warranty Bond in the form of a Surety Bond #115000647 from
Amwest Surety Insurance Company in the amount of $4,687.50 from LEF/Tamarac,
Ltd., for the Walgreens Tamarac 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 to
release the one-year Public Improvement Warranty Bond for the Water Distribution and
Sewage Collection System Improvements in the form of a Surety Bond in the amount of
$4,687.50 for the Water Distribution and Sewage Collection System Improvements
installed by LEF/Tamarac, Ltd., for the Walgreens Tamarac Project located on the
northwest corner of Commercial Boulevard and NW 64'h Avenue in accordance with
Section 10-156 of the City Code.
Temp. Reso. #9042
May 30, 2000 3
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
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 this/01 day of ,
2000.
JOE SCHREIBER
MAYOR
ATTEST:
VOTE
.JON SWE SON, CIVICREGDRC OF COMMISSION
IM CITY CLERK MAYOR SCHREIBER
I"HEBY CERTIFY that I have DIST t: COMM. PORTNER
approved teals. RESOLUTION as DIST 2: COMM. MISHKIN
to farm: �;
DIST 3: COMM. SULTANOF
DIST 4: VIM ROBERTS
MITCHELL S. KRAFT
CITY ATTORNEY
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EXHIBIT 1
TEMP. RESO. # 9042
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WALGREENS TAMARAC
WARRANTY BOND RELEASE
"
"Exhibit 2"
Bond No. 115000647
Project Name: we reena Tamarac
KNOW ALL MEN BY THESE PRESENTS: That LEE/Tamarac, Ltd.
2601 South Bayshore Dr.,
having an address of nami, FL 33133 _ as Principals, and
Amwest.Surety Insurance Company
having an address of
1235 North Loop West, Suite 305, Houston, TX 77008 a Corporation, existing
under the laws of the SUta 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 Stets, as Surety, are held and firmly bound unto
the City of Tamarac of Broward County, a municipal oorporation of the State of Florida,
having an address of 7525 Northwest 8e Avenue, Tamarac, Florida, 33321 in the full
& 50/I00
and justsum of Four Thousand Six 11undred eighty sevVbllars ($4, 687 -k
lawful money of the United States of America, for which sum well and truly to be paid to
acid City of Tamarac, the said Principal and the said Surety do hereby bind themselves,
their heirs, executors, administrators, suaxecors or assigns reapectively, 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 83-23, 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 sold Subdivision Improvements by the City
Commission, and
90121 s
1 UbOAKIOR 1"VfV#MmantvVdn * bond
WHEREAS, in compliance with said warranty bond requirernents. said Principal
Is required to furnish a good and suf elent 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 tho Subdivision Improvements by the City Commission of the City
of Tamarac, Florida.
NOW, THEREFORE, the oonditlon of the obligation Is such that if the said
Principal, its successors, legal representatives or assign shall have made all
corree lone 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 banal
acceptance of the Subdivision Improvementa 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 Director of
Utilities or his designee shall inspect them for final release. If his investigation reveals
WY insufflclencies, then he shall nottty 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 evient the Principal should fall or refuse so to do within ninety (90) days
HIM 2 3ub&i$4n 1mP vamw* Womm r Bond
after said written notice by the Director of Utilities, 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 Prfndpal and Surety shall be jointly
and severally liable hereunder to pay and indemnify said City upon the correction of
said insuffiienckm in dealgn, workmanship and/or materials, the final total cost thereof,
Including but not limited to engineering, legal and condngent 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 Director of Ut(Ntles for final acceptance ano 4ijon
compliance by Principal with applicable conditions, aS hercinabove stated, the Dinp*r
of Utilities will then recommend to -the City Commission the release of this reduced
bond, by resolution.
U1218 3 subdMW*n k pmamani Vhymnly Ewd
IN WITNESS WHEREOF, the above bounden parties have executed their instrument by
affiodng their corporate names and seals hereto and Causing their authorized
MlDre errtatives to sign these pment+s, pursuant to the authority of their governing
bodies on this l to day of MaX 11)29 .
SIGNED AND SEALED
IN THE PRESENCE OF:
LEF/Tamarac, Ltd..by its
General Partner
LEF/Tamarac, Inc.
(As to Principal)
m st surety Insurance Company
Vice President
(Title) for the President
ttested by
Sandra E. Ray
Corporate Secretary
(T'"a
I
Countersigned By: (Tme) 5u / Attorney -in -Fact
Beverly eland
Cheryl 1. Beaird, Resident Agent / ted by
Tim Hengst
Underwriter
Moe)
NOTE: The reapeative corporate seals should be affibced:
4�1Z7i 4 9-kwMewnImpre+ =ntWarmly8"d
Lim--.ED POWER OF A_ TORNEY
Amwest Surety Insurance Company
Far West Insurance
POWERNUMBER 0000949115
This document is printed on white paper containing the artificial watermarked logo ( A ) of Amwest Surety Insurance Company on the front and brown security paper
on the back. Only unaltered originals of the Limited Power of Attorney ("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 Nebraska and is only valid until the
expiration date. Amwest Surety Insurance Company and Far West Insurance Company (collectively 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 1713) 8.80-4545
KNOW ALL BY THESE PRESENT, that Amwest Surety Insurance Company, a Nebraska corporation and Far West Insurance Company, a Nebraska corporation
(collectively the "Company"), do hereby make, constitute and appoint:
Beverly A. Ireland
Erin C. Tisdel
Barbara A. Meyer
Don Weldenfeller
As Employees of Amwest Surety Insurance Co
its true and lawful Attorney -in -fact, with limited power and authority for and on behalf of the Company as surety to execute, deliver and affix the seal of the company thereto
if a seal is required on bonds, undertakings, recognizances, reinsurance agreement for a Miller Act or other performance bond or other written obligations in the nature thereof
as follows:
All Bonds up to $25,000,000.00
and to bind the company thereby. This appointment is made under and by authority of the By -Laws of the Company, which are now in full force and effect.
I, the undersigned secretary of Amwest Surety Insurance Company, a Nebraska corporation and Far West Insurance Company, a Nebraska corporation, DO HEREBY
CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore, that the resolutions of the Board of Directors of both Amwest
Surety Insurance Company and Far West Insurance Company set forth on this Power of Attorney, and that the relevant provisions of the By -Laws of each company, are now
in full force and effect.
Bond No. 115000647 Signed & sealed thisl3 th day of May 19 99 �C7
Karen G. Cohen, Secretary
************** RESOLUTIONS OF THE BOARD OF DIRECTORS ***w************** * * * * *
This POA is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Amwest Surety Insurance Company
at a meeting duly held on December 15, 1975 and Far West Insurance Company at a meeting duly held on July 28, 1983:
RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary, may appoint attorneys -in -fact or agents with
authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the
Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney -in -fact or agent and revoke any POA
previously granted to such person.
RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and bind upon the Company:
(i) when signed by the President or any Vice President and attested and sealed (if a seal be required) by any Secretary or Assistant Secretary; or
(ii) when signed by the President or any Vice President or Secretary or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly
authorized attorney -in -fact or agent; or
(iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority
evidenced by the power of attorney issued by the Company to such person or persons.
RESOLVED FURTHER, that the signature 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 delivery 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 and Far West Insurance Company have caused these present to be signed by its proper officers, and its
corporate seals to be hereunto affixed this 25'a day eptember, 199
�
John E. Savage, Preside t Karen G. Cohen, Secretary
State of California
County of Los Angeles
On September 25, 1998 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) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my d and official seal.
.r �. �oFrow
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5230 Las Virgenes Road Calabasas, CA 91302 TEL 818 871-2000
THE LEFMPRK GRCUP Fax:7138507090 May 199 13:25
AFFIDAVIT OF OFFICER AUTHORITY
STATE OF -TEXAS §
5
COUNTY OF HARRIS §
P. 02
The undersigned, SANDRA E, RAY, Vice Presidenr and Corporate Secretary of
LEFframarac, Inc., being first duly sworn, certifies as follows:
1. Howard W. Thibaut is the Vice President -Finance of LEF/Tamarac, Inc., the
general partner of LEF/Tamarac, Ltd., the developer of a parcel of land
located at 6401 E. Commercial Boulevard, Tamarac, Florida and known as
"Walgreens Tamarac" (the "Development");
2. Howard W. Thibaut has the right, power, authority and obligation to manage
and conduct the ordinary and usual business and affairs of the Partnership
within the scope of his duties and responsibilities as Vice President -Finance;
3. Howard W. Thibaut has the right, power, authority and obligation to
implement the decisions of the Parmers including, but not limited to, for
Partnership purposes, the power, authority and obligation to (i) obtain any
and all necessary approvals for the Development from any and all
governmental agencies having jurisdiction over the Property, and to conduct
any and all discussions with such agencies conceming the terms and
conditions of such approvals, and to execute all financial documents required
to carry out all such approvals; (ii) to represent the Partnership in all financial
dealings;
FURTHER AFFIANT SAYETH NOT.
Under penalties of perjury the undersigned declares that she has read the
foregoing and the facts allegcd are true, to the best of her knowledge and belief.
Seal of Corporation
LEF/Tarnarac, Inc., General Partner
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�138507090 May
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Page 2 of 2
Affidavit of Officer AuthOr rI'amarac, inc., its General Partner
LEFfTamarac, Ltd. by
May 19, 1999
as of the 19`� day of May, 1999, by
afLE
SWORN Vice
AND SCRIBED before me F/Tanrnarac, Inc., as the
orate SecretarY ership, who is personally
Sandra E. Ray, Vice President and Corp
a Florida limited p
General Partner for LSFITatnarac, Ltd.,
known to me•
Print* Al
MY COmmission Expires:
700
Name:
Date:
Witnessed:
D.\VP60\Comcex tm bornY.officcr.wpa