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R96-051RESOLUTION NO. R96-,~'~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH FLORIDA, APPROVING THE PAYMENT TO REED LANDSCAPING, INC., IN THE AMOUNT OF $35,000.00 REPRESENTING FINAL PAYMENT FOR THE C.D.B.G. PHASE III, LANDSCAPING; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach had contracted with Reed Landscaping, Inc., for installation of Malayan Palms, Live Oaks and Tabs in the C.D.B.G. Phase III (N.E. & 13th Ave.); and WHEREAS, work on this project is now complete and there remains due and owing to Reed Landscaping, Inc. the sum of $35,000.00; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, hereby authorizes payment in the amount of $35,000.00 to Reed Landscaping, Inc., representing final payment for the installation of Malayan Palms, Live Oaks and Tabs in the C.D.B.G. Phase III (N.E. 12th & 13th Ave.). Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this o<~ day of April, 1996. CITY OF BOYNTON BEACH, FLORIDA iVl~yor -- Commissioner Co/m"missioner -r,T 0o- w~ zo~ ~o uJ 0 0 0 0 0 0 0 0 ~000 ~ 0 o 0 0 0 o 0 o O~ 0 o o 0 0 0 o o 00~ ...... o o o o o o o o 0~0+ ~ o o o ~ m ~ o 0 ~ · -- ~ o o .-- ~ c ~'~ ~° ~~ 0 This Fina~ Es=ima=e Reconcilia=ion Agreeaen= coveri~- the period ~=om 3-01 , 19 96 , =o 3-~ , 19 96 , supersedes any and all previous corres~ndence or verbal a~eemen= regarding dele=ions o~ addi=iofls =o the scope of Block Grant Sub Area ~ cons~ruc=ion of Landscape Improvementd and all work =hereto in =he Cit~ of Bo_.ynton Bch, Palm Beac~ County, Florida. I= is hereby agree~ and unders.=~ ~ha~ all quan=i=ies and prices sho~ on the a=~ached Final Estimate No. 1 are and t~e ~un= of $ 35,000,00 .cons=i~u=es final including re%ainage, ~d Change Order No. 1 for materials furnish~ and wor~ perio~ed by Reed LandscaDinq,.. Inc. , Coa~rac~or, ~nd ai~ o~her con~rac%o=s, in =he cons=ruc:ion and comple=ion of =he a~ve proje~, all which were =o be perfo~d in s=ric= accordance wi=h the =e~s of the origina~ contraS. I= i~ fur=her a~e~ and ~ders~ =ha~ =he one-year period of ~=~ship and ma=erials fu~ish~ shall co~mnce on final ~le=ion and acceptance ~ City of Boynton Beach , as outlined in Paragraph C-~5 of the original FER I ~,ECOMMEND~-D FOR APPROVAL: ~' '? /-c~ REED LANDSCAPING, INC. Iris F. Rood~ Presidont By: GERALD TAYLOR, MAYORfTM Date: APRIL 10, 1996 FINAL RELEASE OF LIEN COUNTY: Broward STATE: Florida KNO W A L I'. MEN B Y THESE PRESENTS: THAT THE UNDERSIGNED, Pursuant to a contract or agreement with THE CITY OF BOYNTON BEACH (hereafter called "BOYNTON BEACH*), has heretofore furnished materials or performed work at the following described project: Community Development Block Grant Sub Area No. 1, Improvements to Pha~e m, Landscape Only. and that for and in consideration of the sum of $35~000.00: heretofore paid by BOYNTON BEACH, receipt of which is hereby acknowledged by the UNDERSIGNED, the UNDERSIGNED hereby acknowledges that all labor and materials heretofore furnished have been paid for in full, and the UNDERSIGNED hereby remises, release, acquits, satisfies and forever discharges BOYNTON BEACH from any and all claims that it might have against THEM for work performed or materials furnished by the undersigned under the Contract between BOYNTON BEACH and the UNDERSIGNED. THE UNDERSIGNED also specifically releases and quitclaims to BOYNTON BEACH, all liens, lien rights, claims or demands of any kind whatsoever, which the UNDERSIGNED now has or may have against the above project on account of materials furnished, and/or work performed at the above listed project. THIS AGREEMENT constitutes a FINAL WAIVER OF LIEN RIGHT by the UNDERSIGNED for work, labor, or materials furnished for the above described project. IN WITNESS WHEREOF, I, the Undersigned has caused this FINAL RELEASE to be executed this 27th day of March 1996. I, the Undersigned, a Notary Public in and for said county in said state, hereby certify that ~ - as ~ of REED LANDSCAPING. INC., whose name is signed to the foregoing insmmaent and who is personally known to me and who did take an oath and acknowledged before me this day that (s)he being authorized to execute same on behalf of REED LANDSCAPING~ INC. (s)he executed the same voluntarily on the day the same bears date. Given under my trend official seal this 27th day of_MarC, IL. 1996. "OFFICIAL SEAL" Bonaventure Dougherty My Commission Expires: REED LANDSCAPING. INC A~0THORIZED SIGNA~TJ~ To be executed with each and every p&yleflc or draw request COUNTY OF Broward Ir,is Fv Reed SHe ~s President a Florida Contrac: da:ed :~e, 25_ · being first duly sworn, deposes REED LANDS_ .C_ AP I_NG ,,, I,.NC. (lq~me of Corporation or Fit~) corporation which Zs named day of September ......... ~ 95 , be~ween said corporaZion as the CONTRACTOR end :he City of Boynton Beach , FXOF~da es ~e OWNER, ~or the cons%ruction of ImRr0vements ~ase III on~N.~. 12 and 13 Ave.r mad between 1st & Railroad Ave., (Landscape Only) ¢ontr&cZor as named above. Title ~0 all work, ma:erials and equipment covered by at~ached Per~odiCal Estimate ~or Paymen~ da~ed March 27~__1996 , ~9 96 passes :o tJleONtler a~ ~he time o£ payment free end c~ear of all liens, ~nd all Laborers, meterzelmen ~nd subcon=rac=ors have been pa~d ~or perfo~Lng or ~urnZshXng the work, labor or maCorlals- upon sa~d ConCr&cC~ork covered b~ the &~oreeaZd PerZodtcal set,mate for P&~uent. 713.06 FlorLd& 8~a~u~ea. Iris F; Reed~ Pres. 27~ ~y o~ March ~.' Reed Landscaping, Inc. Warranty Date: Project - March 26, 1996 Community DeveloDment Block Grant Sub Area No. 1 Improvements to Phase III Landscapinq Only Customer: City of Boynton Beach PLANT MATERIALS WARRANTY Plant materials are warranted for a period of one (1) year after installation by REED. The warranty of plant materials shall be construed to mean complete replacement with plant material of the same species, size, quality and grade as that of the original material. During the warranty period, REED will replace dead material. The replacement warranty shall also apply if the original installed material is not in a healthy growing condition at the end .of the warrantY period. This warranty will not apply to plant material physically destroyed, damaged by vandalism, or by physical acts of persons other than REED, nor will the warranty apply to plant material infected by general plant diseases (i.e. fungus, pests, etc.), salt water intrusion or soil contamination. This warranty will not apply as a result of damage by acts of God (i.e. hurricanes, lightning, floods, frosts, etc). This warranty will apply only if the plant material is maintained and irrigated in accordance With good landscape maintenance procedures. Reed Landscaping, Inc. -Iris F. Reed,/ Pres·