81-NN A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING PLAT OF TRACT "N"
HUNTERS RUN OF SUMMIT PLAT NO~ I, A SUB-
DIVISIO~ WITHIN THE.CITY OF BOYNTON BE~CH
AND FOR OTHER PURPOSES.
WHEREAS, the final plat of Tract "N" Hunters Run of
Summit, Plat No. I was approved by a motion at the regular City
Council meeting on July 21, 1981; and
WHEREAS, this motion was made subject to Developer
filing a ~erformance and completion bond in the total amount of
$79,0100, insuring that improvements within said ares are installed
completed and paid for; and
WHEREAS, sp'bject bond has been received and a copy is
attached to and made a part of this Resolution.
NOW, THEREFORE, BE AND tT IS HEREBY RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1. That the plat of Tract "N" Hunters Run of
Summit Plat No. I is hereby resolved to have received final plat
approval by the City Council of the City of Boynton Beach, Elorida
with all conditions previously agreed upon and subject subdivision
is hereby affirmed and adopted.
Section 2. That the Surety Bond in the amount of
$79,000 be held b~ the City in accordsnce with the provisions
forth
Beach,
set
in the Charter and Code of Ordinances for the City of Boyntor
Florida.
PASSED AND ADOPTED this ~ day of August, 1981.
CITY OF BOYNTON BEACH, FLORIDA
/
By Mayor /
ATTEST:
*~ cl~y clerk
Corporat~ Seal
Deputy
Council Member
MEMORANDUM
July 14, 1981
TO: Mr. Peter L. Cheney,
City Manager
FROM: Tom Clark,
City Engzneer
Re: Final Plat.approval, Tract N
of The Summit, Plat No.
(Hunter's Run)
The final plat and development plans have been submitted for
the subject tract and the Technical Review Board has reviewed
the submission.
The filing fee of $150 and the administration and inspection
fee of $790 (1% of the cost for improvements) have been posted.
A bond in the amount of $79,000 has been submitted.
Approval of the final plat is recommended subject to the per-
formance bond being accepted by the City.
The original signed mylar plat document is zn the custody of
the City Clerk.
A print of the final
herewith.
TAC:mb
Attach.
plat with T.R.B. approvals is forwarded
Tom Clark
cc:
Carmen Annunziato
Perry Cessna
Tereesa Padgett
SEABOARD SURETY COMPANY
HOMB OFFICE: i'qE:W YORE, N. Y.
PERFORMANCE BOND
KNOW' ALL MEN BY THESE PRESENTS:
That Hardrives of Delray, Inc. and Summit Associates, Ltd.
(hereinafter called the "Principal"), and Seaboard Surety Company~
a surety company authorized to do business in the State of Florida
(hereinafter called the "Surety"), are held and firmly bound unto
the City of Eoynton Beach, a municipal cqrporatlon of the State of
Florida (hereinafter called the "City'~) in the full and Just sum of
$79~000, 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 our-
selves, our heirs~ executors, administrators, successors and assigns,
jointly and severally, firmly by thes'e presents:
WHEREAS, the above bounded Principal, as a condition precedent
to the apprpval by the City of a pla't of a certain subdivision known
as "Tract N" Hunters Run has submitted engineering and other construct-
ion plans for the required improvements for roads, storm drainage, sani-
tary sewer system and water distribution system prescribed by the Sub~
divisionand Platting Regulations of the City, 'pertaining to the said
Subdivision (hereinafter referred t6 as the "Subdivision Improvement
· Plants"), copies of which plans are attached hereto and by reference
made s part hereof; and
WHEREAS, it was one of the conditions of the said Subdivision
and Platting Regulations that this bond be &xecuted;
NON, THEREFORE, the conditions of the obligation are such that
if the above bounded Principal shall in ali respects perform the Sub-
division Improvements Plans within the ti~e specified in the Subdivision
and Platting Regulations of the City, and shall indemnify and save
h~rmless the City against or from all claims, costs, expenses, damages,
injury or loss, including engineering, legal an~ dontingent costs which
the City may sustain on account of the failure of the Principal to per-
form and the Subdivision Improvements Plans within the time specified in
~he 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 perform all or any part. of the- construction work as
set forth in-the Subdivision Improvements Plans, within the time speci-
fied, the Surety wiIl forthwith perform and complete the said construct-
ion work and.pay the cost thereof including', but not limited to, en-
gineering, legal and contingent costs and will indemnify and save harm-
..less the City as aforesaid. Should the Surety fail or refuse to perform*
interest, health, safety and welfare factoKs involved and the inducement
in approving and filing the said platf shall have the right to resort to
any and all legal remedies against the Principal and the Sur~t%, oreither
-both at law and equity, inhluding specifically performance, to which the
Principal and Surety unconditionally agree.
THE PRINCIPAL AND THE SURETY FURTHER JOINTLY AND SEVERALLY AGREE
THAT the city, at it's 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 Improvements
plans and within the time specified, and in the event the City should
exercise and give effect to such right, ~the Principal and Surety shall
be jointly and severally liable hereunder to reimburse the City the total
cost, thereof, including, but not limited to, ~engineering, legal and
contingent costs, together with any damages, either direct or conse-
quential, which may be sustained on account of the failure of the Prin-
cipal to carry out and perform the' S~bdivision Improvements Plans within
the time specified°
(*) and complete the said improvem~qts,
the City,
in vic~ of the public
i4~. 9142
POWER OF ATTORNEY
KNOW' ALL MEN BY TI-tF-:.S[~ PR~St£NTS: 'l'ha~ SF. ABO..\RI) SURETY COMPANY,
o[ New York, has tn;ule, cuu;liluh,d ;iud ,l{,poiltled itll({ by these ffeyClll5 docs Ina\e, C(,llq~fulc. dud apDoiut
'~;~"yer or Urn. A. NcOowan
Lake h'orth, Florida
trt~e and lawful :\Itorney-in-Fact. to make. execute and deliver on its behalf insgrance policies, surety bonds, und(
ings and other instruments of Similar nature as follows: h'ithout Li,'hitat ions. Any and al 1
nds, undertakin2s' recognizqnces 'and other written obligations in the
nature, thereof; and any and all consents requirbd kY the Department of
Transportation, State of Florida, incident t.o'the release of retained
~?.rcentages and/or final estimates.
"..~ch insurance pol~des, surely bonds, undcrlakMgs and ins:ruments for said purposes, when duly executed by the afores3
A,ttorney-in-Fact. shall be bindi'ng upo:t the .~aid Company as fnilv and lo the santo extent as if slgncd t~v the duly au:horized offic(
of lite Company and sealed with its corporate seal; and all the°acts of said Attorney-inFact, pursn~nt to the authority here:
glv~n, are hereby ratified and confiru:ed. '
This appolntmeni is tnad~ pursuant to thc following By-Laws wttlc]: were duh- adopled by the Board of Director. of the said Con
~'%' on December 8th. 1927, with .,\mendments to and, including April 6, 195'8 and are \Ifil in full force and effect:
~RTICLE VII. SECTION 1:
"Policies. bonds, recognizances, stlpulatlohs, consents of surety, underwrklng undertakings and instruments ~ ·
Insurance pohoes, bonds, recognizances stipulations, consents of surew and underwrmng undertakings of he Con panv and reiea,-, a~reemerlts -
:r.~ writings relatlnz in any ,var thereto or to a~,, claim or loss thereunder, shall be signed in the name znd on L'ehalf of the '~:~ny''
(a) by the Cb, airman of the Board, the Presld~nt. a Vice President or a Resident Vice President and by the Secrelary. an ).ssistanl Secr¢la
q of lhe Board. the President or a \'ice })resident I(5 make such signature; or (c) by such other officers or representatives as the-Board rr
:n time to time determine.
The seal of the Company shall if appropriate'be affixed thereto by any such off\er, Attorney-in-Fact or representative_"
IN 'vS/1TNESS WHEREOF, SEABOARD_ERET~g' - ' CO. IPAXI\ '' has caused these presents to be signed by one of its
~--~sidents, and its corporate sea] to be hereunto affixed and.duly attested by one of its Assistant Secretaries, "' 1 1 t h
SEABOARD SURETY CO%PANS,
By Thomas P f;orke
ATE ?F NEW YORK1 Vice· Pres~d~
COUNT'\ OF NE\(
Ou this
T..h.p. ,m..a..s.'~].p. 7 ~-;'~'ff'~ ..... - ......................................... , ............. ;.r:.....~4.....7; ........ Jg..B.,_l ...... beIore me F-ersonaliv appear
................................................................................................... a ~ ~ce-~resmen! ol SE.,-.BOARD SURETT COMP?iX
~'~h whom I am personally acauainted, who. hehtg by me duly sworn, said that he resides in the State of ....... -";.ex-.J.e.r.s.eb:..
,t he is a Vice-President_of S'EAItO.-\RD SURETS.' CO.\IPAXY. the corporation descrihed in and which executed the foe
n§ instrument: that he ~:nows the corporate seal of the said Company: that the seat affixed to said instrument is such corpo'r:
;I: that it was so affixed by order of the-Board of Directors of said Company; and thai be signed his name thereto as Vk
dent of said Company by like attthortty,
~of New York
~-]'~.I}90t0912, qualified,in Queens County
j ~.~rf...r~.~¢~ate filed in New ~ork Count),
.. .S..a. muel C. Simmons
Notary- Pub
'CERTIFICATE
· ; . I, tl)e u.nder~.i?ed .-\~siqant Secretary of SEAt OAR D SURk'TY CO.MPANY ~ o .cr~ v c~r.lq ...... .' ' · ~ -
Ibc ~orcgo,ng ,~ a m.L true m, correct cc ,v s it force a,d cffec' o" ': ~ e ~'- ~; . ~2 . .~1 ~ t*- t~at ul~ o,~g;na~ r~'acr o: .?~,~-r;cy of ~h ~
. · - ': .: . '.;' '- .n~ . of S,CA.,O.~}¢t) St'Xi'Tf~; CtL,.I.INY~ ............ :n . q:.-;_.: , , I o~,kd:
"tiES(H.VED; (2t j,a, )nS_.u,= t,: a prmte, I ?,c.mMc ti Ii:t- o,:t-,ra:c -cai of hc c ,: q,a, y and of lite slgna ute ef ;:: .'. 1,'~% :t
J~b'. '/ITNESs VeHEREOF. ] have hercuntu'set my hand and affixed Ihe corFu}rate seal of the Company lo the-c , c,-~
~8
.............................................. da), of .......................... ~1111 ............. : ................19..g~ .....
SEABOARD SURETY COMPANY
HOME OFFICE: NEW YORK, N.Y.
IN WITNESS WHEREOF, the Principal and the Surety
mxecuted these presents this 18th day of J.une, 1981.
Ad'dress
2101 S. Congress Ave.
Delray Beach, Florida
33445
HARDRIVES OF DELRAY~ INC.
(principal)
///
Address
3500 Clubhouse Lane
Boynton Beach, Florida
33435
SUMMIT ASSOCIATES,
(Principal)
LTD.
Addrefs
90 William S'treet
New York,
10038
Witnesses
SEABOARD SURETY COMPANY
(S?r~y¢ - ~ /
Win· A/~ }[cOowau, Attorney-
'in-fa'ct and Licensed
Resident Agent
Agent,