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85-LRESOLUTION NO. ~7~-L A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING THE CITY MAINTAINED IMPROVEMENTS AND RELEASING THE PERFORMANCE BOND FOR THE PLAT OF MANOR FOREST IN SECTION L2, TOWNSHIP 45 SOUTH, RANGE 42 EAST AS RECORDED IN PLAT BOOK 46, PAGES 1 AND 2, PALM BEACH COUNTY RECORDS WHEREAS, Article XIII, Section 1 and 2 of the City Code requires that the City accept completed improvements for maintenance and operation; and WHEREAS, the City maintained improvements have in fact been inspected, tested and approved, a certification from the Design Engineer received, and a one year guarantee from the Developer also received dated March 1, 1985 NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The City of Boynton Beach hereby resolves that the City maintained improvements including utilities are accepted for operation and maintenance. Section 2. The performance bond in the amount of $210,858.20 posted with the City of Boynton Beach in conjunction with above said plat is hereby released. PASSED AND ADOPTED THIS~ ~Z~ day of ~~ , 1985 CITY OF BOYNTON BEACH, FLORIDA ~__ uncil er ATTEST City Ci~ PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: Golden Eagle Corporation (hereinafter called the That "Principal"), and The Aetna Casualty & Surety Co~pa~ysurety company authorized to do business in the State of Florida- (hereinafter called the "Surety"), are held and firmly bound unto the City of Boynton Beach, a municipal corporation of the State of Florida (hereinafter called the "City"), in the full and just sum of 3210,858.20. lawful money of the United States of America~, to be paid to the City, to which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, the above bounded Principal, as a condition precedent to the approval by the City of a plat of a certain subdivision known as Manor Forest , has submitted engineering and other construction plans for the Required Improvements prescribed'by the Subdivision and Platting Regulations of the City, pertaining to the said subdivision (hereafter referred to as the "Subdivision Improve- ments Plans"), copies of which plans are attached hereto and by reference made a part hereof; and WHEREAS, it was one of the conditions of the said Subdivision and Platting Regulations that this bond be executed; ' NOW, T~IEREFORE, the conditions of this obligation are such that if the above bounded Principal shall in all respects perform the Subdivision Improvements Plans within the time specified in the Sub- division and Platting Regulations of the City, and shall indemnify and save harmless the City against or from all claims~ costs, expenses, damages, injury or loss, including engineering, legal and contingent costs Which the City may sustain on account of the failure of the Principal to perform the Subdivision Improvements Plans within the time specified in the said Subdivision and Platting Regulations, then this obligation shall be void; otherwise to be and remain in full force and effect. THE SURETY UNCONDITIONALLY COVENANTS AND AGREES THAT if the Principal fails to p~rform all or any part of the construction work as set forth in the Subdivision Improvements Plans, within the time specified, the Surety will forthwith perform and complete the said construction work and pay the cost thereof, including, but not limited to, engineering, legal and contingent costs, and will indemnify and save harmless the City as aforesaid. Should the Surety fail or refuse to perform and complete the said improvements, the City, in view of the public interest, health] safety and welfare factors involved and the inducement in approving and filing the said plat, shall have the right to resort to any and all legal remedies against the Principal and the Surety, or either, both at law and in equity, including specifically specific performance, to which the Principal and Surety unconditionally agree. THE PRINCIPAL AND THE SURETY FURTHER JOINTLY AND SEVERALLY AGREE THAT the City, at its option, shall have the right to construct or, pursuant to public advertisement and receipt of bids, cause to be constructed the aforesaid improvements, in case the Principal should fail or refuse to do so in accordance with the Subdivision Impr~vem.ents Plans and within the time specified, and in the event the City should exercise and give effect to such right, the Principal and the Surety shall be jointly and severally liable hereunder to reimburse the City the totsl cost thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which may be sustained on account of the failure of the Principal to carry out and perform the Subdivision Improvements Plans within the time specified. IN WITNESS WHEREOF, the Principal and the Surety have executed these presents thisll%h day of April , 1953. Address: Golden EagleCorporatior~ -' Witnesses: Address: AGENT FINANCIAL PLANNING ASSOCIATES 5300 N.W. 77th Court, .Miami, FL 33166 THE AETNA CASUALTY & SURETY COMPANY Witnesses: THE ,~'TNA CASUALTY AND SURET~ COMPANY Hartford, Connecticut 06115 LIFE & CASUALTY POWER OF ATFORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL MEN BY THESE PRESENTS. THAT THE/ETNA CASUALTY AND SURETY COMPANY, a corporation duly organized under the laws of the State of Connecticut, and having its principal office in the City of Hartford, County of Hartford, State of Connecticut, hath mad. e4 (;onstit!jted ~arld appointed, and does by these presents make, constitute and appoint Jules Lipp, Richard P. Forster, A~.~.an ~. ~.lpp or Linda Rosenberg-Adamo - - of Hi ami, Florida , its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign. execute and acknowledge, at any place within the United States, or, if the following line be filled in, within the area there desig- nated . the following instrumentls): by his/her sole signature and act. any and all bonds, recognizances, contracts of in demnity, and other writings obligator~ in the nature of a bond, recognizance, or conditional undertaking, and any and all consents incidents thereto not e×ceedin§ the sum o£ ON;, HILL[0N ($1,000,000.00) DOLLARS - and to bind THE ,~ETNA CASUALTY AND SURETY COMPANY, thereby as fully and to the same exten~ as if the same were signed by the duly authorized officers of THE ~ETNA CASUALTY AND SURETY COMPANY, and all the acts of said Attorney(s)-in-Fact. pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Cor~pany which Resolutions are now in full force and effect: VOTED: That each of the following officers: Chairman. Vice Chairman, President, Any Executive Vice President. Any Senior Vice President, Any Vice President. Any Assistant Vice President, Any Secretary, Any Assistant Secretary, may from time to time appoint Resident Vice Presidents, Resident Assistant Secretaries, Attorneys-in-Fact, and Agents to act for and on behalf of the Company and may give any such appointee such authority as his certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond. recognizance, or conditional undertaking, and any of said officers or the Board of Directors may at any time remove any such appointee and revoke the power and authority given him. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, ~r conditional undertaking shall be valid and binding upon the Company when (a) signed by the Chairman, the Vice Chairman, the President, an Executive Vice President, a Senior Vice President, a Vice President, an Assistant Vice President or by a Resident Vice President. pursuant to the power prescribed in the certificate of authority of such Resident Vice President, and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary or by a Resident Assistant Secretary, pursuant to the power prescribed in the certificate of authority of such Resident Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact pursuant to the power prescribed in his or their certificate or certificates of authority. This PoWer of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Board of Directors of THE/ETNA CASUALTY AND SURETY COMPANY which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: Chairman, Vice Chairman, President, Any Executive Vice President, Any Senior Vice President, Any Vice President, Any Assistant Vice President, Any Secretary, Any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any I:g~wer of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power So executed and certified by such facsimile signature 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 WITNESS Wit EREOF. THE ~-TNA CASUALTY AND SURETY COMPANY has caused this instrument to be signed by its Assistant Vice President day of June ,19 82 Hartford State of Connecticut County of Hartford , and its corporate seal to be hereto affixed this 16 th f~'° ~\ THE ~rtrNA CASUALTY AND SURETY COMPANY ..'< ,~M'rr-OM O. "",;Z,' · "~:: .... By , , _ ,, Assis~ant Vice President Onthis 16th dayof June ,19 82 , before me pemonaily came R. T. RIPPE to me Imown. who, being by me duly sworn, did del~se and say: that he/she is Assista4~.t Vice President, o~ THE ~ETNA CASUALTYAND SURETY COMPANY, the corporation described in and which executed the above instrument; that he/she knows the seal of said corporation; that the saaJ affixed to the said instrument ia such corporate seal; and that he/she executed the said instrument on behalf of the corporation by authority of his/her office under the Standing Resolutions thereof. CERTIFICATE I, the undersigned, MI~. mmilsion ex~r.'Merch 31.19 8~1,-(~ Notary Public ~eC['~,~ of THE/ETNA CASUALTY AND SURETY COMPANY, a stock corporation of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standin; Resolutions of the Board of Directors, as set forth in the Certificate of Authority, are now in force. \ Signed and Sealed at the Home Office of the Company, in the City of Hartford, State ~('(onnecticut eted th ! J -:,~ CO,N g.= -. (~-11~2:2-E) (M) 3-7~ ""~?, ~-,,':"~ Sec~et,ary PRINTED IN U.S.A.