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HomeMy WebLinkAboutR-2008-051 Alvarez Landscaping Group Inc Amendment RESOLUTION NO. 2008-051 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AMENDMENT TO THE AGREEMENT EXISTING BETWEEN THE CITY OF DANIA BEACH AND ALVAREZ LANDSCAPING GROUP, INC. SUCH AMENDMENT TO PROVIDE FOR A $5,000.00 CASH PERFORMANCE BOND; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proper City officials are authorized to execute an Amendment to the Agreement existing between the City of Dania Beach and Alvarez Landscaping Group, Inc., a copy of which Amendment is attached, marked as Exhibit "A" and incorporated into this Resolution by this reference. Section 2. The City Manager and City Attorney are authorized to make minor revisions to such Amendment as are deemed necessary and proper for the best interests of the City. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on March 25, 2008. ATT ST: LOUISE STILSON, CMC ALBERT C. JONES CITY CLERK MAYOR—COMMIS NER APPROVED AS TO F AND CORRECTNESS: BY: THO AS J. N BRO CITY ATT RNEY AMENDMENT TO AGREEMENT THIS IS AN AMENDMENT, dated MA ZC4 3/ , 2008 (the "Amendment') to the Agreement dated December 14, 2007 (the "Agreement') existing between ALVAREZ LANDSCAPING GROUP, INC. ("CONTRACTOR") and the CITY OF DANIA BEACH, a Florida municipal corporation ("CITY"). WHEREAS, CONTRACTOR and CITY desire to amend the Agreement; NOW, THEREFORE, in consideration of the mutual promises and agreements contained in the Agreement and this Amendment and other good and valuable consideration, the adequacy and receipt of which are agreed upon, CONTRACTOR and CITY agree as follows: 1. That the Contractor shall post a cash Performance Bond (the "Bond") in the amount of five thousand dollars ($5,000.00) which shall be retained by the City in an appropriate account selected by the City and which shall be repaid to the Contractor if the Contractor successfully completes the requirements of the Agreement. If the City terminates the Agreement when it expires, the City will be authorized to retain the Bond as its liquidated damages. This provision supersedes any other requirement of the Agreement pertaining to a Performance Bond. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY: CITY OF DANIA BEACH, a Florida municipal co a ' n ATTEST: ISLSON, CITY CLERK IV N ATO, CITY MANAGER APP4T --)Z FOR AND RRECTNESS: BY: IT ATTORNEY CONTRACTOR: ALVAREZ LANDSCAPING GROUP, INC., a Florida corporation WITNESSES: Signature Signatur �c SAID Print Name Print Name and Title Signa,' //e 1l�f1G�Sa Print Name STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me on d1jeC1g 29 2008, by ,�/J UAL✓ NktyS LIisA/ L as 1�cS/A5�% La�xie;g-') , of Alvarez Landscaping, Inc., a Florida corporation, on behalf of the corporation. He/she/they is/are personally known to me or produced`M#4g16'�/Z3-6L'-16/'das identification and did (did not)take an oath. S-40- 7-0I0 / NOTARY PUB LI t f Florida My commission expires: Y FRANKIE CASADO . MY COMMISSION*DDS81197 6FP EXPIRES:Aug.3,2010 N07F39041W RMft NOWY Sffym om 2