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R97-185RESOLUTION NO. R97-/8~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A RELEASE OF SURETY TO G.L. HOMES OF B©YNTON BEACH ASSOCIATES, LTD. FOR NAUTICA P.U.D. PLAT TWO IN THE AMOUNT OF $44,874.52; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, staff has verified the status of completion of the required improvements on the above property; and WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon recommendation of staff, hereby authorizes release of surety to G.L. Homes of Boynton Beach Associates, LTD. for Nautica P.U.D. Plat Two. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, hereby authorizes release of surety in the amount of $44,874.52 to G.L. Homes of Boynton Beach Associates for Nautica P.U.D. Plat Two. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of ~/~'~, 1997. ATTEST: Ci ~ Clerk (Corporate Seal) Surety. Rel NAUTICA PUD PLAT TWO 10/24/97 CITY OF BOYNTON BEACH, FLORIDA Commi s s ioner x~ APPLICATION FOR SIYRETY REDUCTION/RELEASE APRil. 1996 Project Name Nau't'ica P.U.D. Plat T~ao Develgperl'~ame G.L. Homes o~ Boston Beach Associates, L~. Dcvelo~r Ad~ 140i University Drive~ Suite 200 Coral Sprin~s, ~ 33071 Original Surety Date S130 ] qg Previous Surety Reductioa Date 3uly 30, 1996 Currant Surety Balance ...................................................... Current Request Date February 12, 1997 Remaining Surety, if granted. ........................ ~ .................. Amount $979,506.00 Amount $934,631.48 AmOUllt $ 44,874.52 Amount $ 44,874252 Amount , . oo Armchmenu to all requests: m ~, Signed and sealed Compliance Certification and Extimate of Value ofremainiag work. [] ~ Notarized authorization to sign for named insured. Additional AttacbmenU for Fiaal Release Requex'~: P~EWOUSX.¥ SUB~t1~T~D [] ~ Easements. m ~ Bills of Sale. u m Comnty Health Depa:trnent Acceptance. m ~I Lamping and/or TV Testing. u m As Built Drawings. [] cn Operating and/or Maintenance Iastructior~. SUBMIITED HEREWITH IS TRUE, ACCURATE AND CONJ2pLETE.' Applicanfs $ignatm'e STATE OF FLORIDA COU~'TY OF PAL~[ BEACH The fo~vc~Lag instrument was acknowledged before me this /~ day of ~zu~,/Z,/ _. 1~,~ ~//~. / / (T;,ga~'-f~rD)2: id:=~fi:a~:'ri and who (did~ (did no0takcanoa~- ./(~.i~aru~r~ 6f pcr~n talcing ac ..~lg~[¢~emen0 (Name of officer tang acknowledgement (Title ~ ~nk) ~'~" (Sed~ Nm~r, ff ~y) MEMORANDUM UTILITIES DEPT. NO. 97 - 351 ..TO: FROM: DATE: Sebastian Puda, John A. Guidry, Utilities Director October 15, 1997 ,I SUBJECT: Naufica Plat 2 - Request for full release of surety Please be advised that the water and sanitary sewer systems for this project have been re-inspected, and are in acceptable condition at this time. We therefore have no objection to full release of surety for the project. Please refer any questions on this matter to Peter Mazzella of this office. JAG/PVM xc: Skip Milor Lawson, Noble, and Webb, Engineers File NAUTICA PLAT TWO LNW e e e e e · · ® ®eeee~ ~n, ~ & llllrebi), Int.. EN(~IN=E, RS · PLANNERS · SURVEYORS ENGINEER'S CERTIFICATION As a registered engineer in the State of Florida, to the best of my knowledge, information, and belief, it is my professional opinion that the subdivision required improvements for NAUTICA PLAT TWO, based on field reviews under my responsible charge., have been constructed in substantial accordance with the approved construction plans and all laws, regulations, codes, etc. including, but not limited to Chapter 6, Article V of the City of Boynton BeaCh Land Development Regulations, in effect on the date of plan approval. In my professional opinion, the deviations, if any, noted will not impair the intended functioning of the required improvement. By: Roneid W. Laf~;, P.E. Date: __~' ;~4' ~7 G:\DATA\N-94\94235\DOCS~ENGC ER1 .F21 LAwso~ Nook & WBBB, INC. 420 Columbia Drive · West Palm Beach, FL 33409 · (561) 684-6686 · FAX (561) 684-1812 0.~wso~, Nom. E & A___~C"~AT~S 590 NW PeaCOCk Boulevard, Suite 9 · Port St. Lucie, FL 34986 · (561) 878-1700 · FAX (561) 878-1802 PERFORMANCE BOND BOND NO. 78401 KNOW ALL MEN BY THESE PRESENTS: (hereinafter called the "Principal'), to do business ~ the state of FlOrida (hereinafter called the ,City of Boynton Beach, a municipal corporation of the State of ~Flodda. (hereinafter called the ;of America, to be ps our heirs, eXecUtors, successors ; ~ 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 Nautica P.U.D. - Plat Two, 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 Improvements 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, THEREFORE, 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 Subdivision 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. SuUdivision 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 perform 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 and said plat, shall have the dght 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. Page I 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 Improvements Plans and within the time specified, and in the event the City should exercise and give effect to the Surety shall be jointly and severally liable hereunder to al and reimburse the but not may be contingent ~pal to carry out and the Subdivision IN WITNESS WHEREOF, the Principal and the Surety have executed these presents this ~ day of March ,199 5 W~tnesses: G.L HOMES OF BOYNTON BEACH ASSOCIATES, LTD. 1401 University Drive, Suite 200 Coral Spdngs, Flodda 33071 By: G.L. Homes of Boynton Beach Corporation, a Flodda corporation, General Partner By: Title: ytnesses: SURETY FRONTIER INSURANCE. COMPANY OF NY (Its attorney-in-fact, Power of Attorney to be attached) Alice Rhoads, Ai:l;orney-in-Facl: Address: 195 Lake Louise Marie Road Rock Hill, NY 12775-8000 ATTEST Page 2 INSURANCE COMPANY OF NEW YORK MONTICELLO. NEW YORK (A Stock Company) N-° 7658 offic~ .:REs '"RI Stateof ILLINOIS County of DU PAGE March 30, ].995 therein, duly commissioned and sworn, personally appeared , before me, a Notary Public in and for said County and State. residi: Alice Rhoads kn'~wn to me to be Attorney-in-Fact of FRONTIER INSURANCE COMPANY OF NEW YORK the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed t said instrument in behal/of the said corporation, and he duly a~knowledged to me that such corporation executed the same. IN WITNESS.WHEREOF, I have hereunto set my hand and a~t'txed my official seal, the day and year stated in this certU~cab ..~e. _M_Y ¢O SS ON EX R S )/)/97 New York in and for the Cpu n ty of'Sul {Jvc n. duly commissioned and qUalltleo, came WAC { cM ~. Mnu-cb o, r~w~, ,ch ,--ov,-~.,c ~,,.,,,,-,,,,, vr NEW YORK tO me personally known to be the individual and officer described herein, and who executed the preceding instrument, and acknowledged the execution of the same. and being by me duly sworn, deposed and said. that he ia the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the Company. and the Corporate Seal and signature as an officer were duly affixed and subscribed to the ~aid instrument by the authority and direction of the Corporation, and that the resolution of the Company. referred to in the preceding instrument, iS now in force. ~e~J:t~a ~g .~, · r8c~¢, ~ have hereunto set my hand, and affixed my official seal at Monticello, New York, the day and year above written. CERTIFICATION A Notary Public of New York My Commission Expires June 22. 1993 I. MARVIN L TEPPER. Secretary of FRONTIER INSURANCE COMPANY OF NEW YORK of Monticello. New York. do hereby certify that the foregoing Resolution adopted by the ~oard of Directors of this Corporation and the Powers of A~torney issued pursuant thereto, are true and correct. and that both the Resolution and tl~e Powers of A~torney are in full force and effect. .-4~rl .~iftt~,z ~.crcc{, I I~ave hereunto set my hancl and affixed the facsimile seal of the corporation this 30th day of March . ~9 95 =M 19-5~02-FL (9/'921 MARVIN L~,f EP Pl~R,"~ecr eta ~y