Loading...
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 RV/krs/mg EXHIBIT 1 TEMP. RESO. # 9042 ;! w 00 / j / / / /i 0� / 0 (62 ST) BAILEY RD 62 ST — — /jw 61 ST 3 �D �. . z 6' W > LAND C 11 J 60 cr n�i n W P qL j BER \ DA iy 60 ST j �� Ld z jj. 59 ST 59 ST C❑ND S' ¢ n a w $ 5' / ¢ T a % 58 ST ��\. .�� w¢ 3 w a ID 57 DR �o � 57 CT ¢ n MA NLA DS SEC 8 FAITH 57 CT LAND SEC. 10 ] BERMUDA a UNITED Q CLUE � cHurcH 57 ST THE N N a A N 57 ST FOUNTAINS o a APARTMENTS w¢ A z U z w < MARKETPLACE ti � ¢ .. ¢ w cn x v ¢ a tj � ¢ a 2A U OF WD E0J TAMARAC 7 %0 ZL -J �n o ]�I�WL- c� as dJ w d ¢4 jW ~ �y u a a w a. H'o a s 0 THE FOUNTAINS CORP, CEN. COMMERCIAL BLVD y WHITE OAK C W (CO RD. 870> SITE W ct- 56 STLj 3 o g a s w LOCATION -� y WHIT- �PK y y � y W W W WATER OAK C W W W y W y y y W W y W W W /jj F W y W W W W WALGRE64,DWG 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 6 coRrr+ra+��aseoei ..�.... (Seal) P1bIC—CdbrttiO Op `q `tea PO • Si atureI�ID�Af1QMM�'i01✓f1� � . qj \(] a �r �pP AgT..t�"a eygy o mry w (it)f11fY1. fM br 119� :w,_ Oro 41. O'0; W;- DE:.14, ° O'_ 1995 I Qj17,'` 1995 jz: ddyFBRAS�� 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 �x�i`r--f':..': .,.,�.w.�� �+^:err%'erg.he'';".�C�:�.r'�.�.,'vri•i:r; �T". �iY�'T � � ��'.`'" ..,:.a..�+'=r.'K ��,�vi•- 9 Fax'THE LEFMRRK GROUP �138507090 May iy yy 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