HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-2501
August 30, 2000 - Temp. Reso. #9129
Page 1 of 3
Revision # 1 — 9/19/00
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2000- a5"b
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO RELEASE WARRANTY
BOND #115000899 IN THE AMOUNT OF $6,120.43 POSTED
FOR THE PAVING AND DRAINAGE FOR WALGREENS
LOCATED AT 6401 WEST COMMERCIAL BLVD.;
PROVIDING FOR CONFLICTS, PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Walgreens, Inc. with Amwest Insurance Co. as Surety, has filed with
the City a warranty bond #115000899 in the amount of $6,120.43 to warranty paving and
drainage for the Walgreens located at 6401 West Commercial Blvd.; and
WHEREAS, the paving and drainage has been inspected and found acceptable by
the Public Works Engineering Division; and
WHEREAS, pursuant to City Code Section 10-156, this warranty bond has remained
in place for the required one (1) year period; and
WHEREAS, it is the recommendation of the Public Works Director that the warranty
bond be released; and
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August 30, 2000 - Temp. Reso. #9129
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Revision # 1 — 9/19/00
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 warranty
bond #115000899 in the amount of $6,120.43, posted for the paving and drainage located
at 6401 West Commercial Blvd.
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
warranty bond #115000899 in the amount of $6,120.43 posted for the paving and drainage
for the Walgreens located at 6401 West Commercial Blvd. (a copy of Bond #115000899 is
attached hereto as Exhibit "A")
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hereby repealed to the extent of such conflict.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.
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Section 5
and adoption.
August 30, 2000 - Temp. Reso. #9129
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Revision # 1 — 9/19/00
This Resolution shall become effective immediately upon its passage
PASSED, ADOPTED AND APPROVED this7 day o r
,000.
ATTEST.
MARION S,WENSON, CMC
CITY CLERK
I HEREBY CERTIFY that I h ve
approved this RESOLUTIOas
1ITCHELL S. WAFT
CITY ATTORNEY
JOE SCHREIBER
MAYOR
RECORD OR COMMOWN
MAYOR SCHREI®ER.,m
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Exhibit "A"
BOND NO, tt5000899
SUBDIVISION IMPROVEMENT WARRANTY BOND
Replacement for Bond Dated 22nd Day of June, 1999
Project Name: WALGREENS TAMARAC
KNOW ALL MEN BY THESE PRESENTS: That LEF/Tamarac Ltd. having
an address of 2601 South Bayshore 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 8811 Avenue, Tamarac, Florida 33321 in the full and just sum of Six Thousand
One Hundred Twenty -One Dollars 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.
Subdivision Improvement Warranty Bond
Exhibit "A"
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.
Z Subdivision Improvement Warranty Bond
,.
Exhibit "A"
SIGNED AND SEALED
IN THE PRESENCE OF:
LEE/Tamarac, Ltd., by its
General Partner
l EF/Tamarac, Inc.
(Surety)
Countersigned by:
j - t no—V- 5 �C�
Cheryl $eaird, Resident Agent
Howard W. Thibfaut
Vice President
(Title) for the President
Attested by Sandra E. Ray
Corporate Secretary
(Title)
i L "i� at,, .: 1
(Name)
W.L. Kottwitz, r./Attorney—In-Facr.
(Title) for Surety
Akv,SaIS
Attested by
John S. Canter, Sr. Account: Executive
(Title)
Note: The respective corporate seals should be affixed.
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Subdivision Improvement Warranty Bond
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