Miscellaneous`GpUN Ty Op
� t` �JUMtuip`f :G9N
'0T
F COUN:"
x3annp �C.oCCjage
BRANCH OFFICE CLERK OF THE CIRCUIT COURT
3117 OVERSEAS HIGHWAY MONROE COUNTY
MARATHON, FLORIDA 33050 500 WHITEHEAD STREET
TEL. (305) 743.9036 KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
M E M O R A N D U M
To: Tom Brown, County Administrator
From: Danny L. Kolhage, Clerk
Date: March 27, 1989
Subject: MSD - Geotech Industries
Attached are the following:
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-9253
1. Copy of a self-explanatory memorandum from Jim
Baker to me dated August llth and a copy of the
Letter of Credit from Fortune Savings Bank
referred to therein.
2. Copy of a memorandum from me to the County
Attorney dated August 14th wherein I ask if the
Letter of Credit fully meets the requirements
set forth in the County's Tire Shredding
Contract with Geotech.
3. Copy of memorandum from Mark Hanson, Assistant
County Attorney, to me dated August 17th in
which he suggests that your office would be
best suited to reply to my memo of the 14th.
I would appreciate your advice in this matter.
DLK:RLC
Attachments
TO Danny Wnihnan DEFT CountY Clerk
FROM `Asst- Manager �'"�
DEPT MuniciPa1 Service District
SUBJECTL_tter of Credit No* 002 10R5 DATE.August 11, 198
Attached is a letter of credit from the Fortune Savings Bank for the account of
Geotech Industries. This letter is in connection with the Tire Shredding Contract
with the county.
JWB/dcl
TOPS 9 FORM 3397
L1TH0 M{ USA
04"FORTUNEBANK
}hnr Un �u l i�ru�xn11Y a�iruu �.
August 4, 1989
Mr. James W. Baker, Ass't Manager
Monroe County Florida
Muncipal Service District
Wing II - B
Public Service Building
Key West, FL 33040
RE: LETTER OF CREDIT NUMBER 002-1085
Dear Mr. Baker:
For the account of Geotech Industries, a division of
Consolidated Minerals, Inc., PO Box 490300, Leesburg, FL
34749-0300, we hereby authorize you to draw on Fortune Savings
Bank ("BANK") at sight up to aggregate amount of U.S.
$50,000.00 (Fifty Thousand Dollars and 00/100).
This Letter of Credit is irrevocable.
This Letter of Credit is unconditional.
Drafts drawn under this Letter of Credit must specify the
number of this Letter of Credit.
Drafts under this L/C must be presented with a copy of an
unpaid invoice indicating a default by Geotech Industries,
in their obligation to comply with the terms and conditions of
the contract dated June 6, 1989; between Monroe County Florida
and Geotech Industries.
This Letter of Credit will expire at 4:00 p.m., E.S.T. on
May 5, 1991.
This Letter of Credit sets forth in full the terms of our
obligation to you, and such undertaking shall not in any way be
modified or amplified by any agreement in which this Letter of
Credit relates, and any such reference shall not be deemed to
incorporate herein by reference any agreement.
This Letter of Credit may be transferred, with the written
consent of the BANK in its entirety by you or any transferee of
this Letter of Credit and any such transferee shall succeed to
all the rights hereunder of the transferrer.
Fortune Center, 2120 U.S. 19 South, Clearwater, FL 34624-6895, (813) 538-1000
Monroe County Florida
August 4, 1989
Page Two
We hereby agree with the drawers, endorsers and bonafide
holders that drafts drawn under and in compliance with the
terms of this Letter of Credit will be duly honored on due
presentation to the drawee.
Except so far as otherwise expressly stated, this Letter of
Credit is subject to the Uniform Customs and Practice for
Documentary Credits (1983 Revision) of the International
Chamber of Commerce Publication Number 400.
Cordially yours,
I6t
Duane J Crith fled
Vice P esiden
Commercial Banking
0 J C / b 1
r CouNrrcul
J �4.: a� F•. pa
kE COUMT� (}%
3Mannp 3L. Rotbage
BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE
3117 OVERSEAS HIGHWAY MONROE COUNTY P.O. BOX 379
MARATHON, FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY, FLORIDA 33070
TEL. (305) 743-9036 KEY WEST, FLORIDA 33040 TEL. (305) 852-9253
TEL. (305) 294-4641
M E M O R A N D U M
To: Randy Ludacer, County Attorney
From: Danny L. Kolhage, Clerk
Date: August 14, 1989
Subject: MSD - Geotech Industries
Attached is a copy of a self-explanatory memorandum received
today from Jim Baker and a copy of the Letter of Credit
from Fortune Savings Bank to which he refers.
Does this Letter of Credit fully meet the requirements set
forth in the County's Tire Shredding Contract with Geotech
Industries?
n1nY Kolh `ge C__
Clerk --
DLK:RLC
Attachments
C
UNTY So
NROE
KEY WESTRIDA 33040
(305) 294-4641
Reply to:
310 Fleming Street, Room 29
Key West, FL 33040
M E M O R A N D U M
DATE: August 17, 1989
TO: Danny Kolhage
Clerk
BOARD OF COUNTY COMMISSIONERS
Wilhelmina Harvey, District 1
Mayor Pro Tern Gene Lytton, District 2
Douglas Jones, District 3
MAYOR Mike Puto, District 4
John Stormont, District 5
FROM: Mark G. Hanson `-
Assistant County Attorney
RE: Contract between MSD and Geotech Industries
The County Attorney has asked me to respond to your memorandum to
him, dated August 14, 1989, in which you have inquired whether a
letter of credit tendered to the County on behalf of Geotech
conforms with the requirements of the contract between Geotech
and the County. With regard to the letter of credit, the con-
tract between Geotech and the County requires only that Geotech
will furnish the County with a letter of credit "with a rating of
'A' or better." The determination of whether a letter of credit
bears a certain rating is not a legal question, and it is one
which I believe the County Administrator would be best suited to
make. For this reason, I suggest that you direct your inquiry to
the County Administrator.
MGH/jeh
C
UNTY jo'
MONROE
KEY WESTLORiDA 33040
(305) 294-4641
August 2F,, 1989
Mr. Danny Kolhage
Clerk of the Circuit Court
500 Whitehead Street
Key West, Florida 33040
Re: MSD - Geotech Industries
Dear Mr. Kolhage:
BOARD OF COUNTY COMMISSIONERS
Wilhelmina Harvey, District 1
Mayor Pro Tern Gene Lytton, District 2
Douglas Jones, District 3
MAYOR Mike Puto, District 4
John Stormont, District 5
I have reviewed the Letter of Credit from Fortune Savings
Bank along with the other information forwarded to me by your
office.
It appears to me that this Letter of Credit meets the re-
quirements set forth in the County's contract with Geotech Indus-
tries.
Should you have any further questions regarding this item,
please contact me at your convenience.
Sincerely
C a�
Thomas W. Brown
County Administrator
•
C
UNTY o
KEY WEST 1
3051 294 .
Please reply tc
County Attorni
310 Fleming S
Key West, FL G'
To: Ja...�� ..�.....
Asst. Manager MSD
From: Mary Greenwood k1,A C
Asst. County Attorney
Re: Geotech Industries
Date: February 2, 1990
tMMiSSiONERS
ly. District 1
The performance bond can be substituted for the letter of credit
if the following change is made:
The term of the performance bond should be extended to the end of
the contract - June 6, 1991 not just until October 24, 1990.
Please call if you have any questions.
MG/la
I. Y
N
mliGEO-.`-��
I N D U S T R I E S
...Progress through innovation
February 15, 1990
Mr. Jim Baker
Monroe County, Florida
Municipal Service District
500 Whitehead St.
Key West, FL 33040
Dear Mr. Baker:
Enclosed, please find the Rider to the Performance Bond that
we discussed this morning. I appreciate your getting it to
the right person and returning our letter of credit to me.
I will await your call regarding the scheduling of our next
visit to Key Largo to shred the tires accummulated there and
at Long Key. Thank you for all of your assistance. I remain
Si cerely,
Ra dall K. Thompson
Executive Director
Enclosures
1. Performance Bond Rider
1. FedExp air bill
1616 S. 14th Street • Post Office Box 490300 • Leesburg, Florida 34749-0300 • Phone (904) 787-0608 • FAX (904) 728-5001
I�1fH'. Rtt�1cd Paper - A o+•c•w• or Com niidated Minerals, Ina
OUNTY IF!NA N ROE
KEY WEST 33040
(305) 294-4641 H. -
BOARD OF COUNTY COMMISSIONERS
_ Mayor Pro Tern Wilhelmina Harvey, District 1
Gene Lytton, District 2
Douglas Jones, District 3
Mike Puto, District 4
a+l��,r�t� MAYOR John Stormont, District 5
Please reply to
County Attorney's Office E
310 Fleming Street, Room 29 {
Key West, FL 33040
M E M O R A N D U M
To: Danny Kohlage
Clerk of the Court
From: Mary Greenwood N\
Asst. County Attorney
Re: Geotech Industries Performance Bond
Date: February 22, 1990
I have renewed the Rider to the Performance Bond dated February
8, 1990. The rider cures the problem I had earlier that the term
of the performance bond expired before the term of the contract.
Therefore I approved the performance bond with the rider.
MG/LA
security
bond
assoc
iates,inc. (III
ottallahassee
r�zau5",
February 8, 1990
RE: Consolidated Minerals, Inc.
GeoTech Industries, a Division of
Bond No. 841366-89
International Fidelity Insurance Company
Effective Date October 24, 1989
PLEASE BE ADVISED AS AGENT FOR INTERNATIONAL FIDELITY
INSURANCE COMPANY WE HEREBY ISSUE THE FOLLOWING RIDER:
THE TERM OF THIS BOND SHALL BE AMENDED TO 10/24/89 -
6/6/91.
ALL OTHER TERMS AND CONDITIONS OF THIS BOND REMAIN
UNCHANGED.
SIGNED AND SEALED THIS 8TH DAY OF FEBRUARY, 1990.
INTERNATIONAL FIDELITY INSURANCE COMPANY
mes T. Harrison, Jr., Attorney -In -Fact and
Florida Resident Agent 0462-64-7877
1327 north adams street • tallahassee, Florida 32303 • (904) 224-3060
Bond 841366-89 ,
PERFORMANCE BOND
STATE OF FLORIDA )
ss
COUNTY OF MONROE )
KNOWN ALL MEN BY THESE PRESENTS that GEOTECH INDUSTRIES, A Division of
Consolidated Minerals, Inc. as Principal, hereinafter
called Contractor, and International Fidelity Insurance Company as
Surety, hereinafter called Surety, are held and firmly bound unto Monroe County,
Florida, as Obligee, hereinafter called Owner, in the amount of
FIFTY THOUSAND DOLLARS ($50,000.00 )
for the payment whereof Contractor and Surety bind themselves, their heirs,
executors, administrators, successors, and assigns, jointly and severally,
firmly by these presents.
WHEREAS, Contractor has by written agreement dated June 6, 1989 ,
entered into a Contract with Owner for:
WASTE TIRE SHREDDING
COUNTY LANDFILLS
MONROE COUNTY, FLORIDA
IN ACCORDANCE WITH Specifications which Contract is by reference made part there-
of and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if the Principal
shall in all respects promptly and faithfully perform and comply with the terms
and conditions of said Contract and his obligations thereunder and shall indemnify
the Owner and save the Owner harmless against and from all costs, expenses, and
damages arising from the performance of said Contract or the repair of any work
thereunder, then this obligation shall be void; otherwise, this Bond shall remain
in full force and effect, in accordance with the following terms and conditions.
A. The Principal and Surety jointly and severally agree to pay the Owner any
difference between the sum to which the said principal would be entitled
on the completion of the Contract, and that sum which the Owner may be
obliged to pay for the completion of said work by Contract or otherwise,
and, and any damages, direct or indirect or consequential, which the said
Owner may sustain on account of such work, or on account of the failure of
said Contractor to properly and in all things, keep and execute all of the
provisions of said Contract.
B. This Bond shall remian in full force and effect for a period of one (1)
year from the last contract day and shall provide that the Contractor
guarantees to repair or replace for said period of one (1) year all work
performed and materials and equipment furnished that were not performed
or furnished according to the terms of the Contract, and shall make good,
defects thereof which have become apparent before the expiration of said
period of one (1) year.
Term of this bond shall be from 10/24/89 - 10/24/90, renewable at
Surety's option.
lip'
B. 'If any part of the project, in the judgement of the Owner, for the reasons
above stated, needs to be replaced, repaired, or made good during that
time, the Owner shall be paid by the Contractor or his Surety.
C. The said Surety, for value received hereby stipulates and agrees that no
change, extensions of time, alteration or addition to the terms of the
Contract or to the work to be performed thereunder or the specifications
accompanying the same shall in any way affect its obligations on this bond,
and it does hereby waive Notice of any change, extension of time, alter-
ation or addition to the terms of the Contract or to the work or to the
Specifications.
IN WITNESS WHEREOF, the above bounded parties execute this instrument under
their several seals, this 24th day of October 1989 , A. D.,
the name and corporate seal of each corporate party being hereto affixed and
these presents duly signed by its undersigned representatives, pursuant to
authority of its governing body.
WITNESS: (If Sole Ownership or Partnership, two (2) Witnesses required).
(If Corporation, Secretary Only will attest and affixed seal).
WITNESSES:
1
WITNESS:
a ow
641
CC 'TE^S;uR;ED BY'
}^ T AGENT
PRINCIPAL
IG�EOO TECH INDUSTRIES, A Div. of CMI
W f
(Signature of -Authorized) (Affix. Seal)
Secretary/Treasurer
Title
1616 S. 14th Street
Business Address
Leesburg, FL 34748
City State Zip
SURETY:
International Fidelity Insurance Company
Corpirate Surety
At ney-in-Fact (Affix Seal)
Ja
w10 T. Harrison, Jr.
1327 N. Adams St.
Business Address
Tallahassee, FL 32303
City
State Zip
Security Bond Associates, Inc.
*: *Kk
Name of Insurance Agency
rEL. (201) 624-7200 POWER OF ATTORNEY
INTERNATIONAL FIDELITY INSURANCE COMPANY
HOME OFFICE: 24 COMMERCE STREET
NEWARK, NEW JERSEY 07102 BOND NO.841366-89
KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the
laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint
JAMES T. HARRISON, JR,
TALLAHASSEE, FLORIDA
its true and lawful attorney (s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other
writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution
of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and
amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office.
This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of Article 2, - Section 3, of the By -Laws adopted
by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 23rd day of December, 1968.
The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority
(1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings,
contracts of indemnity and other writings obligatory in the nature thereof and,
(2) To remove, at any time, any such Attorney -in -fact and revoke the authority given.
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called
and held on the 4th day of February, 1975 of which the following is a true excerpt:
Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile,
and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power
so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking
to which it is attached.
IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed
and its corporate seal to be affixed by its authorized officer, this 1st. day of May, A.D. 1986.
wy
INTERNATIONAL FIDELITY INSURANCE COMPANY
" SfJ1l
STATE OF NEW JERSEY Of
IW4O County of Essex
f: as,
�r�' • *��� Executive Vice President
On this Ist. day of May 1986; before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said
that he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument
is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company.
ow-
�Q� IN TESTIMONY WHEREOF, I have hereunto set my haffixed
and and axed my Official Seal,
d� fo 4L at the City of Newark, New Jersey the day and year first above written.
4 N 07A R)0 '� t
P U a L% G A NOTARY PUBLIC OF NEW JERSEY
My Commission Expires April 28, 1992
ti'�,so
JE'Rst`sxt CERTIFICATION
��Mliuttttt+'`
I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power
of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN
THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts theredf, and of the whole of the said originals, and that the said Power of
Attorney has not been revoked and is now in full force and effect.
IN TESTIMONY WHEREOF. I have hereunto set my hand this 24th)y of October 19 89
.Assistant Secretary
I, JAMES W. BAKER, Assistant Manager, Municipal Service
District, do hereby acknowledge receipt of Letter Of Credit
Number 002-1085 from Fortune Savings Bank for the account of
Geotech Industries, a division of Consolidated Minerals,
Inc. Said Letter of Credit is being replaced by the
Performance Bond 841366-89 dated October 24, 1989 and the
Rider thereto dated February 8, 1990.
6j--arles W. Baker
February 26, 1990