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Home My WebLink AboutCity of Tamarac Resolution R-2001-058Temp. Reso. #9300 February 28, 2001 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001- 51 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO RELEASE A PUBLIC IMPROVEMENT PERFORMANCE BOND IN THE FORM OF A SURETY BOND #115004002 FROM AMWEST SURETY INSURANCE COMPANY IN THE AMOUNT OF $40,891.50, SUBJECT TO THE RECEIPT OF A ONE-YEAR WARRANTY BOND IN THE AMOUNT OF $14,858.05 FOR THE WATER DISTRIBUTION SYSTEM IMPROVEMENTS INSTALLED BY TRAMMELL CROW SOUTH FLORIDA DEVELOPMENT, INC., FOR THE ZEPHYRHILLS DISTRIBUTION CENTER PROJECT LOCATED ON THE NORTHEAST CORNER OF HIATUS ROAD AND NW 67T" STREET; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Trammell Crow South Florida Development Inc., has constructed the Zephyrhills Distribution Center Project and installed the Water Distribution System Improvements in accordance with the Site Plan approved by the City Commission on February 23, 2000; and WHEREAS, the Water and Sewer Developer's Agreement accepted and executed by the City of Tamarac, requires Trammell Crow South Florida Development Inc., to provide a Warranty Bond to the City of Tamarac for the Zephyrhills Distribution Center Project Water Distribution System Improvements located on the Temp. Reso. #9300 February 28, 2001 2 northeast corner of Hiatus Road and NW 67" Street (a copy of which is attached hereto in map form as "Exhibit 1 "); and WHEREAS, Trammell Crow South Florida Development Inc., has requested the release of a Public Improvement Performance Bond in the form of a Surety Bond #115004002 from Amwest Surety Insurance Company in the amount of $40,891.50 (a copy of which is attached hereto as "Exhibit 2") subject to the receipt of a Warranty Bond in the amount of $14,858.05 to the City of Tamarac for the Water Distribution System Improvements installed for the Zephyrhills Distribution Center Project; and WHEREAS, the improvements were inspected, approved and are recommended for acceptance for a one-year warranty period by the Utilities Engineering Division; and WHEREAS, it is the recommendation of the Director of Utilities that the Public Improvement Performance Bond be released for the Zephyrhills Distribution Center Project Water Distribution System Improvements; and 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 Public Improvement Performance Bond subject to the receipt of a Warranty Bond from LJ Temp. Reso. #9300 February 28, 2001 3 Trammell Crow South Florida Development Inc., for the Zephyrhills Distribution Center Project Water Distribution System Improvements. 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 and directed to release a Public Improvement Performance Bond in the form of a Surety Bond #115004002 from Amwest Surety Insurance Company, in the amount of $40,891.50, subject to the receipt and acceptance of a Warranty Bond for the Water Distribution System Improvements in the amount of $14,858.05 for the Zephyrhills Distribution Center Project located on the northeast corner of Hiatus Road and NW 67'" Street in accordance with Section 10-156 of the City Code. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 1 Temp. Reso. #9300 February 28, 2001 4 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. SECTION 5 passage and adoption. 2001. This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this 28T" day of March, ATTEST: S MARIO SWENSON, CMC CITY CLERK HEREBY CERTIFY that I have approved t,ITis'RESOLUTION as to form. MITCHELL . K AFT CITY ATTORNEY RG/DM/mg i JOE SCHREIBER ` MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. MISHKIN _ DIST 3: V/M SULTANOF _ DIST 4: COMM. ROBERTS EXHIBIT l TEMP. RESO. # 9300 LN, WHITMA LN, TRII r� BAILEY Jp 1 G 1 LN. Ld PERIW NKEL LN, �p CAPTIVA EA H BISCUS LN, 7 � d 7 Lo PALM IDGE LN, co Q no 0 N JEWEL BOX LN, G� 1% 7 a d a 76 v� n A o n 1 CD TEE MCNAB ROAD PLAT J & J PLAT TAMARAC MARKET PLACE ca a C3 L❑VESHAW LT,W, MIMA - Mk 67 ST W z SUNBELT SITE MEDIA❑NE PRECISION LOCATION w ARCH W F— ALUMINUM Q r W 0 y CULLIGAN ._J WATER _j COMPANY Fw PQ � Qw Z 0 PUBLIC SERVICES LAND SEC, COMPLEX Q 7 3 r a � a � d d LOOP RD' Ljj (AWESTP❑INT Pd V) ] W 7Ld l7 a -i d U � ZEPHYRHILLS,DWG ZEPHYRHILLS DISTRIBUTION CENTER PERFORMANCE BOND RELEASE EXHIBIT 2 Bond #115004002 Zephyrhills WWWALLk"iY" MENEM Thy Trammel Crow South Florida Development = of 1801 N. Military Trail, 5te15� .c tatoon� FL 33431 Inc. Amwest Surety Ins- Company and 5000 2uorum Arive, Ste 440, Dallas, TX 75240-7:JOUPW 11919 dndW 00 of Fb*k sn: m* a o�n~ uft I* the: - WiMe1 0;r-ls 41 the tr* of fire soft cf fkx' ua - puirdft ila n vE such• ' -� to ftmod btsaees is this 01096 ae . Om" sue Not 0* MUM oft 01 Of Of TONIti ac of ►* ` - • tNtsi�ei capaiifign d 1!M S� �f F'�Tde6 htsviap ilp a4dte�s � 7�i i!iair � /��; Ta�gratc, Fio#� 399'�f h fN 1b! & 50/100 a4intS1an OF Fort thousand eight hundred ninety -on 44, 891).50 kwN RK.KROY art,A 1 nbd Ufts a(Amefica. f r W" Wm we wW 6*1D be pjUl Mid C$y of 7Mmur., go at W PM ft ssb Sandy do h *y bind lWano ws. &* heir ==me= Q hMP@*4*. 4W so am m/ bm JAY W uvmft. *wj by ft" p "SAIL . �i► to sW P* is rogaiW OWUrAdt a Pedommu s goad fa OMWOM I loom I or k dioabd an the CwdW EstimdI coy!T=d"Amod)=icnpbmp�spmmdbr CEM Consulting - N d WPVAd byte LUbw EVbowor hog d9*nw an „. I" Zephyrhills id tb va - wvq��wtnarWs aETs�rtssac � tads 9iaiclion '[a'iS�. �z�s i wsatwty. s~ . To C"y a[a AwrbW ladew draft stOW I ' X - IP —y;ed by a *bread xbftmwt *WSW COV ci'TUWM awb# M*Aftsd flat 1. 'T1+edra�ieideeab Trammell Crow South Florida Development, Inc. • Z- - , Aivp4�9s Obi p� heerlb votam oI -, sed �: •t_ . - T lees be+art dodd �taEdes toad � net bRmdsredastar .. & TtRt a WWnM* bWW that b M"WbV T*nW4W QV 09 to IM not gate dL This i+>ebratualt sal be Mic T so% mn w6d %w "ONSSho pft ru g - cram (11 3VW . few ftiV*d pr Wft rrMien DOW* *to GW Clerk Ift d aa� of qr irtmtd lerrei 1@1 ft aedR bM& trdMt nodc+r � be pevriddd del keel � (1101 days prior b des e�adon deb esf 1de - crfgfteel %= herem— orsTow {1j yetrle�p, a'vnteutw av a(TWma W Mont* ar#pinat i�earaE�a�tirgs4aer noaicalier: UyRbaeryi sled- ilelei bored dM amaWh bt to lbrlda! WA lrre� pwrb ban bum aw■pled by Me M1 Gann aad r eood by dt rYbrrar 8wed se eked by M ooft Boom= ill_ 11 win 2 3ddMW=*W=w mdpWMw =b" Ir �i 11111'rirESS Y1�� !! ahvwrbo��daa porter h� wa�1�d �■ir � py a ip their varpor� aawrt anr� srri� he��fa rrrd wr�irq WJMO*od wq+rwrftI m io AP low I I ON PAFJN* ib to 019, of I%* 3rd� February 2000 Trammell'Crow South Florida Developi¢ent, Znc. - Amwest Surety Insurance Co. (n" BY: W Attorney -in -fact �� irr w mpae�litie�6 Osal►rawk • . �lili �, 4M:i�on Nand . LIMITI`-1 POWER OF ATT -RNEY Amwest Surety Insurance Company Far West Insurance Compan POWE 000106R116 This document is printed on white paper containing the artificial watermarked logo ( ) of Amwest Surety Insurance Company on the front and brown security paper on the back. Only unaltered originals of the Limited Power of Attorney ("POA") are valid. This POA may not be used in conjunction with any other POA. No representations or warranties regarding this POA may be made by any person. This POA is governed by the laws of the State of Nebraska and is only valid until the expiration date. Amwest Surety Insurance Company and Far West insurance Company (collectively the "Company') shall not be liable on any limited POA which is fraudulently produced, forged or otherwise distributed without the permission of the Company. Any party concerned about the validity of this POA or an accompanying Company bond should call your local Amwest branch office at KNOW ALL BY THESE PRESENT, that Amwest Surety Insurance Company, a Nebraska corporation and Far West Insurance Company, a Nebraska corporation (collectively the "Company"), do hereby make, constitute and appoint: Gail A. Barraza Daniel D. Waldorf Connie Wofford Nancy Ruano Lannie McClain Karen Kubica Beverly Trimble Kevin J. Jackson Steve Rauch Joe Bruce Steven W. Lewis As Employees of Amwest Surety Insurance Co its true and lawful Attomey-in-fact, with limited power and authority for and on behalf of the Company as surety to execute, deliver and affix the seal of the company thereto if a seal is required on bonds, undertakings, recognizances, reinsurance agreement for a Miller Act or other performance bond or other written obligations in the nature thereof as follows: All Bonds up to $25,000,000.00 and to bind the company thereby. This appointment is made under and by authority of the By -Laws of the Company, which are now in full force and effect. 1, the undersigned secretary of Amwest Surety Insurance Company, a Nebraska corporation and Far West Insurance Company, a Nebraska corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore, that the resolutions of the Board of Directors of both Amwest Surety insurance Company and Far West Insurance Company set forth on this Power of Attorney, and that the relevant provisions of the By -Laws of each company, are now in full force and effect. I Bond No. ISO 0 V o Oa Signed & sealed this3 rd day of Fe b_ ref 4 r�_ aa000 i Karen G. Cohen, Secretary ♦ ++ • ++ ♦ . ++++++♦ •. RESOLUTIONS OF THE BOARD OF DIRECTORS *+* * ++++++++++++++r +++ +++++ This POA is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Amwest Surety Insurance Company at a meeting duly held on December 15, 1975 and Far West Insurance Company at a meeting duly held on July 28, 1983: RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney -in -fact or agent and revoke any POA previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and bind upon the Company: (i) when signed by the President or any Vice President and attested and sealed (if a seal be required) by any Secretary or Assistant Secretary; or (ii) when signed by the President or any Vice President or Secretary or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney -in -fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attomeys-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. iN WITNESS WHEREOF, Amwest Surety Insurance Company and Far West Insurance Company have caused these present to be signed by its proper officers, and its corporate seals to be hereunto affixed this 31st dayo4,August, 1999. State of California John E. Savage, Preside t Karen G. Cohen, Secretary County of Los Angeles On August 31, 1999 before me, JoAnne Anderson Notary Public, personally appeared John E. Savage and Karen G. Cohen, personally known to me (or proved to the on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me all that he/she/they executed the same in his/her/their authorized capacity(ics), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and rcial seal. E. ANDERSON 1RgN� Comm./1192458�.pPOq .y �.`p,POq•-CSignature Sea%JOANNE NOTARY P11wt CAIIFORipA ' U� 0%' . ; � . GO 91`� Jonnae Anda�m Nary wK ( las Anpl a CM11 _ �' M �' z t"'• n ` M comm. Ex A . 21, 20112 s1;� DEC.14, O: HW — DEC14, �`;Q �Y 1995 ' 1995 N• z QJ`3`: ,d6yFeAS�P'aa nr 5230 Las Virgenes Road Calabasas, CA 91302 TEL 818 871-2000 IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. By: Type Name Rebecca M. Saying Corporate Secretary (Corporate Seal) STATE OF TEXAS SS COUNTY OF DALLAS (GRANTO By: Type Name -pryse R. Elam President HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Rebecca M. Savino, to me known to be the person(s) described in and who executed the foregoing instrument and she acknowledged before me and under oath that she executed the same. WITNESS my hand and official seal this S day of October 2000. o : • � � GLENDA K. BARBER Notary Public, State of Taxas y .. .. P M Commission Expires 06-29M r' E !' ( X ) Personally known to me, or ( ) Produced Identification NOTARY PUBLIC, State of Texas 6lenc&-k. BEEF ei- (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced ( X ) DID take an oath, or ( ) DID NOT take an oath. 981208 3 Bill of Sale Absolute '�Amwest O B L I G E E P R I N C P A L NOTICE OF CANCELLATION BOND NUMBER TYPE OF BOND ORIG EFFECTIVE DATE DATE OF NOTICE 115004002 Miscellaneous Indemnity 03-FEB-2000 December 28th, 2000 of Tamarac 7525 Northwest 88th Ave. Tamarac, FL 33321 k AMWEST INSURANCE COMPANY hereby notifies you that it has elected to cancel said bond in its entiretg, Such cancellation will become effective GO days after obligee receives notice. U-' This Uce i4iven to you in accordance with the cancellation provision in said bond. REASPN FOR CANCELLATION: NON - RENEWAL Trammell Crow South Florida Development 3500 Trammell Crow Center, 2001 Ross Avenue Dallas. TX 75201 AMWE T SURETY IN/S�URANCE COMPANY By: VIVIAN CAMPBELL Attorney -In -Fact 18 : ski: 0 Hq O ' 8.`z o':m _c%J� DEC.14, In 1995 10 AMWEST SURETY INSURANCE COMPANY Address all correspondence r.,..l� relating to this notice to: �/ 3116 Kellwa Drive ,Suite 110 Carrollton, TX 75006 (972)248-3232 P R O TCC Insurance Agency, Inc. D 2001 Ross Avenue, Suite 3400 U C Dallas}.TX 75201 3 BM-A1001 (1100)