Loading...
R01-036RESOLUTION NO. R01-~F,v A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND ACCEPTING A REPLACEMENT BOND IN THE AMOUNT OF $407,380.00 FOR THE BOYNTON MARINA PROJECT; AND PROVIDING AN EFFECTIVE DATE. WItEREAS, AERC, a Virginia Corporation, has acquired title to the Marina Marketplace Project (Boynton Marina Project), formerly held by Edward Garcia; and WItEREAS, AERC is requesting to replace the existing bond with the City in the amount of $407,380; and WltEREAS, the City Commission of the City of Boynton Beach, upon of staff, does hereby accept a replacement bond in the amount of $407,380.00 for the Boynton Marina Project, issued by Fireman's Fund Insurance Company; NOW, THEREFORE, BE IT RESOLVED BY TItE CITY COMMISSION OF TItE CITY OF BOYNTON BEACIt, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida hereby approves and accepts a replacement bond in the amount of $407,380, for the Marina Project, issued by Fireman's Fund Insurance Company, a copy of which is attached hereto as Exhibit "A". Section 2. That this Resolution shall become effective immediately upon ~assage. PASSED AND ADOPTED this ~ day of February, 2001. Commissidner~~ x~-~Commissioner ATTEST: Ci(~ Clerk (Corporare~.~,b~,.. s :c~~/ement Bond- Marina0215/01 Tne City of Bo nton Beach I00 E. Boynton Beach Boulevard P.O. Box $I0 Boynton Beach, Florida $$425-0510 O~ce of ~he C~ A~ (561) 742-60~0 F~: (561) 742.6054 VIA FACSIMILE ONLY (561) 272-6831 February 15, 2001 Michael S. Weiner, Esq. Weiner & Aronson, P.A. 102 N. Swinton Avenue Delray Beach, FL 33444 RE: Contract Surety Performance Bond- Marina Project Dear Mr. Weiner: Your draft letter addresses all of the point which I requested. Assuming your client signs it, it will support the adoption of a Resolution authorizing the substitution of bond and I will so advise the Commissiol~ Thank you for your efforts and cooperation. JAC/ral Very truly yours, City Attorney "A~ Equal Opportunity/Affirmative Action/ADA Employer"' BENT BY: WE[NER & ARONBON; 5B12726831; FEB-14-0t 4i05~U; PAGE ~/2 _ H FAX To: Fax #: Subject: Date: Pages: Nick Igwe, Esq. 742-6054 Contract Surety Performance Bond Dated January 18,. 2001 Our File No. AERC001 February 14, 2001 2, including this cover sheet COMMENTS: i am sharing this with you at the same time I am sharing this with my client. resen~es all dghts. My client From the desk of... Michael $. Weiner. Esquire Weiner & Amrraon, 102 N. Swinton Avenue Delray Beach, FL 33444 (561) 265-2666 Fax: (561) 272-6831 Confidentiality Notice The informatlon contained in this transmission is a{tomey, client privileged and confidential It is intended only for the uae of the tndividlJal or entity named above. If the res~r of Ibis message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohlblted. If you have received this communication in error, please notify ua immediately by telephone, collect, and return the original message, to us at the above'address via U.S: MaU. We wilt reimburse you for postage. Thank you. SENT BY: WE[NER & ARONSON; 5812726831; FEB-t4-01 4:05PM; PAGE AERC of Virginia, Inc. 5025 Swetland Court Cleveland, Ohio 44143-1467 February 14, 2001 City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach. Florida 33425 Re: Contract Surety Performance Bond Dated January 18, 2001 Ladies and Gentlemen: This letter is to confirm that AERC of Virginia, Inc. agrees that the above-mentioned Bond does not bond offthe lien as more fully provided in Section 17(N) of the Development Agreement, as amended by the City's December 13, 2000 memorandum, The Bond serves only the purpose of being a substitute Performance Bond for the Bond originally posted by Ocean Breeze. If AERC of Virginia. Inc. wanted to bond off the lien of the City, the amount would be Seven Hundred Seventy Thousand Three Hundred Twenty-Eight Dollars ($770,328.00). Very truly yours, AERC of Virginia, Inc. Its: MICHAEL S. WEINER CAROLE J. ARONSON JASON S. MANKOFF WEINER & ARONSON, P.A. A~-ORNEYS AT LAW The Clark House 102 North Swfnton Avenue Delray Beach, Florida 33444 Telephone: (561) 265~2666 Telecopier: (561) 272-6831 E-mail: delraylaw~bellsouth.net OF COUNSEL: ROBERT MARC SCHWARTZ. P.A. F~odda Bar Board Certified Real Estate Lawyer Januaw 24,2001 Via Hand Delivery Mr. Quintus Greene Dev. Director City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, Flodda 33425 RE: Oi~r File No.: AERO001 Dear Quintas: Enclosed is the oriqinal Contract Surety Performance Bond, Bond No. 11133540044. This Bond is being delivered to you in connection with the Boynton Marina Project. It is my understanding that this Bond will be substituted for a cash escrow in a like amount being held by the City on behalf of my client, AERC of Virginia. Inc., an Ohio corporation. I understand pursuant to the Agreements with the City that it is important that this Bond be processed timely. We Would appreciate it if you would reviewthe Bond.asquick!y as possible and make certain that it is to your satisfaction. Please ~;ontact me so that I might make arrangements for the return of the funds to my client. I io~ek forward to working with you. MSW:ab cc: Martin A. Fishman, Esq. (via e-mail) OSAERC001\Letter Quintas.Jan24.wpd FIREMAN'S FI. PIlD INSURANCE COMI~AI~ SURETY ~RPO~ON ~D ~E~l'~ CORPO~TION ~C~ !NS~CE CO~ ?~RI~ A~MOB~ IN~GE ~MP~ G~ PO~R OF A~OR~ ~N BY ~SE ~E~S: ~at ~'S ~ ~S~CE 'CO~ a ~fo~a co.radon, NA~ON~ CO~ON. ~ ~Hnois co~o=fion. ~ ~C~ ~S~ CO~ a New Jer~y ~ra~on r~omesficat~ in ASS~D ~E~Y CO~O~ON. a C~ifomin co~orafion, and A~C~ A~OMOB~E ~S~N~ a ~sso~ c~m~on, (herein coll~fiwty c~l~ "~ ~mp~ics"] d~s each hereby ap~int Lau~ Sfi~ozen. Gayle Bzook~ or Narc~a K. Cesafsk~ of Lisle, their lzue and lawful Attomey(s)-in-Fact. with full power of authority hereby conferred in their name, place and steaa, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the ua'care thereof ............ and 1o bind the Companies thereby es fully and to the same extent as if such beads were signed by the President, scaled with the corporate seals of the Companies and duly almsted by the Companies' Secreta~, hereby'ratifying and confirming all that the said Almmey(s)*in-Fact may do in thc pmmses. This power of attorney is granted under and by the authority of ~'ficle VII of the By-laws of each of the Companies w~fich provisions are now ~ power of attorney is stgued and sealed under the authority of the following Resolution adopted by the Board of Directors of each of the Coml~aai~s at a meeting duly called and held, or by written consent on the 19th day of March, 1995, and said Resolution has not been mended or rel~aled: '~*.ESOL~D. that the signature of any Vice-l~esident. Assistant Sccretao,, and Resident Assistant Secretary of the Companies, and the seal of the Companies may be affixed or printed on any power of attorney, on any revee~tfion of any power of attorney, or on any certificate rulating thereto, by fansim/le~ and any power of attorney, any revocation of any power of attorney, or certificate beafiug such facsimile signature or facsimile seal shall be valid and binding upon the Companies." IN WITNESS WHEREOF, the Companies have caused these presenls to be signed by thei~ V~ce-President, and ~eir Corl~rate seals to be hereunto affixed ~s 2nd day of Oct:oh~r , 7 O (1 f) . FIREMAN'S FUND INSURANCE COMI)ANY NATIONAL SURETY CORPORATION ~ AMERICAN INSURANCE COMPANY ASSOCIATED INDEMNITY CORPORATION AMERIC/*,~'q AUTOMOB ~ .E INSURANCE COMPANY On this. 2nd day of October , ..2.0_03~, before me personally came Don~ R. Kolbeck m me Imown. who, being by me duly sworn, did depose and say: that he is a Vice-President of each company, described in and which executed the above instalment: that he knows the seals of the said Companies; that the seals affixed to the sa/d instramem are such company seals; tout they were so ~'fixed by order of the Board of DLrectors of said companies and that he signed his name thereto b.y like order. IN WITNESS WI'IEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. ~L"-_ ~..~-~t Comml~Ion # 116,3726 ~ ~ Notary Pubic - Colif~io ~ ~ M~n Coun~ ST~ OF C~O~ } SS' 1__ ~ ~m'~~t CO~ OF M~N I. ~ uader~i~. Resident Assismt S~re~ of ~ch comply, DO ~BY ~I~Z ~at ~e foregoing and a~ched PO~R OF A~O~Y retains in ~11 force and h~ not b~n revoked: ~d ~ore ~at ~cle V~ of ~e By-laws of each company, ~d ~e Resoluhon of ~e Bo~d of Dir~mrs; set fo~ in ~e Power of Auomey, ~e now m force. Sinewed seel~ at ~e Coun~ of M~n. Da~ ~e /~¢A day of 0 Resident As~ist~ut Sect c~7~' Bond No._11133540044.. Contract Surety Performance Bond KNOW ALL MEN BY THESE PRESENTS: That AERC of Virginia, Inc., an Ohio corporation as Principal, and F' ' ~reman s Fund Insurance Company~ a California corporation, duly authorized and gcensed to do business in the State of Florida, as Corporate Surety, are held and firmly bound unto the City of Boynton Beach, Florida, as Obligee, in the?sum of Four Hundred Seven Thousand Three Hundred Eighty and 00/100 Dollars ($407,380) for which sum we bind ourselves and our successors and assigns, jointly and severally by these presents. ; The CONDITION of this obligation is such that: WHEREAS, Obligee and Ocean Breeze Festival Park, Inc. ("Ocean Breeze") entered into a Second Revised Development Agreement dated June 6, 2000 (the "Development Agreement") in connection with a parcel of land located in the Obligee's Community Redevelopment Area and Central Business District (the "Project"); and WHEREAS. Principal has succeeded to the interest of Ocean Breeze under the Development Agreement and is now the owner of the Project; and WHEREAS, Ocean Breeze granted Obligee a lien on the Project in an amount equal to the value of Incentives granted by the City, as more fully provided in the Development Agreemem and the Development Agreement permits Principal to bond off that lien by substituting a performance bond in form and substance acceptable to the City Attorney; and WHEREAS, this bond is issued and delivered to Obligee for the express purpose of replacing the bond originally posted by Ocean Breeze and bonding offthat lien as more fully provided in Section I7(N). of the Development Agreement, as amended by the City's December 13, 2000 Memorandum reducing the amount of the lien to the sum of Four Hundred Seven Thousand Three Hundred Eighty and 00/100 Dollars ($407,380); NOW TH]EREFORE, if Principal shall perform all obligations secured by such performance bond under the Development Agreement, then this obligation shall be null and void. otherwise this obligation shall remain in full force and effect. ' Signed, sealed and dated this __ 18th day of January ,20 01 (Signa~re) (Printed name) Witness: (Sign, ature) (Printed n~e) AERC of Virginia, Inc. [Name of/P~_~p~ Signa,m. re Printed name TITLE: ~"', ~:.--'~ ,-"~"~, ~"~.~ ~ _Fireman's Fond Insurance Company. ~'xl~me of Surety) ~ ~ Marcia K. Cesafsky Attorn~_.yfin-F~t ~ignamre & Printed Name ADDRESS: 2200 Cabot Dr., Suite 300 CITY: Lisle, IL 60532 TELEPHONE: __847-953 -6449 \\LISNWFS2\VOL I \USERS\CesafslcM\Form AERC. DOC