82-AAARESOLUTION NO. 82- ~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BOYNTON BEACH, FLORIDA, ACCEPTING UTILITIES
AND RELEASING PERFORMANCE BOND FOR RAINBOW
LAKES, FORMERLY KNOWIq AS "TARTAN-CARMA".
WHEREAS, Article XIII, Section 1 and 2 of the City Code
requires the City to accept completed improvements for maintenance
and operation; and
WHEREAS, the utilities for Rainbow Lakes, formerly knowr
as "Tartan-Carma" have in fact 'been inspected, tested and approved
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 water and sewer lines are accepted from Rainbow Lakes,
formerly known as "Tartan-Carma", for operation and maintenance.
Section 2. Surety Bond No. B391284, in the total amount
of $700,000.00 posted jointly with the City of Boynton Beach and
the Board of County Commissioners of Palm Beach County in conjunc-
tion with "Tartan-Carma", may hereby be released.
PASSED AND ADOPTED THIS 3rd day of August, 1982.
ATTEST:
(Corp. Seal)
- ~ty Clerk
CITY OF BOYNTON BEACH, FLORIDA
Court(
cil Me
Executed in Duplicate
Bond No. B392±84
Premium: $6,300.00
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, Tartan-Carma Developers
·
hereinafter called "Principal", and Insurance Company of North,Americ~
a surety compgny authorized to do business in the State of Florida,
hereinafter referred to as "Surety", are held and firmly bound
unto the City of Boynton Beach, a municipal corporation of the
State of FloridD ("City") and Palm Beach County, a political
subdivision of the State of Florida ("County") in the full and
just sum of Seven Hundred Thousand Dollars
DOLLARS ($ 700,000.00 ) lawful money of the United States of
America to be paid as follows: ~
$ 340,000.00
$ 360,000.00
to the. City, and
to the Board of County
Commissioners of Palm
Beach County
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 BOUND PRINCIPAL, as a condition prece-
dent to the approval by the City and the County of a plat of
a certain subdivision known as Tartan Lakes, Phase I
has done the following:
1. Submitted engineering and other construction
plans for the required improvements prescribed
by the subdivision and platting regulations
of the City, pertaining to said subdivision
(hereinafter referred to as the "Subdivision
Improvement Plans"), copies of which plans
are attached hereto and by reference made a
part hereof; and
2. Entered into Contract # 0684 ("Contract") with
the County to construct reqUired improvements
prescribed by the Contract and the subdivisi6n
and platting regulations of the County pertain-
ing to said subdivision, a copy of which con-
tract is attached hereto and by reference made
a pa~t hereof;
and
WHEREAS, it was one of the conditions of said subdivision
and platting regulations and the Contract that this Bond be
executedi
NOW, THEREFORE, the conditions of this obligation are
such that if the above bound Principal shall in all respects
perform and comply with the terms and conditions of the Sub-
division Improvement Plans and the Contract, within the times
therein specified, and shall indemnify and save harmless the
City and County against and from all claims', costs, expenses,
damages, injury or loss, including engineering, legal and contin-
geut costs which the City and the County may sustain on account
of the failure of the Principal to perform and comply with the
terms and conditions of the Subdivision Improvement Plans and
the Contract, 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 construc-
tion work set forth in or required by the Subdivision Improve-
ment Plans and the Contract, within the times specified, the
Surety shall, upon thirty (30) d~ys written notice from. the
City or the County, as the case may be, forthwith perform and
complete the aforesaid construction work and pay the costs
thereof including, but not limited to, engineering, legal and
contingent costs, and will indemnify and save harmless the
City and the County as aforesaid. Should the Surety fail or
refuse to perform and complete said improvements, the City
or the County, as the case may be, in view of the public in-
terest, health, safety and welfare factors involved and the
inducement in approving"and filing said plat, shall have the
right to resort'to any and all legal remedies against the
Principal and Surety, or either, both at law and in equity, in-
cluding specifically specific performance, to which the Principal
and Surety unconditionally agree.
THE PRINCIPAL AND SURETY FURTHER JOINTLY AND SEVERALLY AGREE
that the City or the Co6nty, at the option of either, shall have
the right to construct or, pursuant to public advertisement and
receipt of bids, cause to be constructed the aforesaid improve-
ments in case the Principal should fail or refuse to do so in
accordance with the Subdivision Improvement Plans or the Contract,
as the case may be. In the event that the City or the County
should exercise and give effect to such right, the Principal
and Surety shall be jointly and severally liable hereunder to
reimburse the City or the County, as the case may be, for the
total cost thereof not to exceed the amounts set forth herein-
above for the City or the County, as the case may be, including,
but not limited to, engineering, legal and contingent costs,
together with any damages, either direct or consequentual,
which may be sustained on account of the failure of the Princi-
pal to carry out and execute all the provisions of the Subdivi-
sion Improvement Plans and the Contract; provided, however,
that the Principal and Surety shall be jointly and severally
liable hereunder to reimburse the County for that portion of
said total costs which exceeds the amount set forth hereinabove
for the County but does not exceed the total cost of this Per-
formance Bond if the City shall have first consented in writing
to such excess reimbursement.
IN WITNESS WHEREOF, the Principal and the Surety have
executed these presents this 22ndday of September , 1980.
BY:
ADDRESS:
801 S.E. 6th Ave.-Suite 204
Delray Beach, FL 33444 BY:
TARTAN-,CARMA DEVELOPERS
TARTAN (PALM BEACH) , INC.
PRINCIPAL
Witnesses:
1~-~
- 3 -
ADDRESS:
Frank B. Hall & Co. of Calif.
P. O. Box 8050, Costa Mesa, CA 92626
Witnesses:
ATTEST:
INSURANCE COMPANY OF NORTH AMERICA
SURETY
r , 3-- in-Fact
Countersigned
By: ~.~~~
Sandra K. Cummings ~
Frank B. Hall & Co. of Florida, Inc.
P. O. Box 343800, Coral Gables, Florida 33134
IINSU NCE
POWER OF ATTORNEY
COMPANY OF NORTH AMERICA
PHILADELPHIA, PA.
Know all men b~/these presents: That INSURANCE COMPANY OF NORTH AMERICA,
a corporation of the Commonwealth of Pennsylvania, having its principal office in the City of Philadelphia,
Pennsylvania, pursuant to the following Resolution adopted by the Board of Directors 'of the said Company
on May 28, 1975, to wit:
"RESOLVED, pursuant to Articles 3.6 and 5.1 of the By-Laws, the following Rules shall govern the execution for the Company of
bonds, undertakings, recogmzances, contracts and other writings in the nature thereof:
(1) That the President, or any Vice-President, Assistant Vice-President, Resident' Vice-President or Attorney-in-Fact, may execute for
and in behalf of the Company any and all bonds, undertakings, recogmzances, contracts and other writings in the nature thereof, the
same to be attested when necessary by the Secretary, an Assistant Secretary or a Resident Assistant Secretary and the seal of the
Company affixed thereto; and that the President or any Vice-President may appoint and authorize Resident Vice-Presidents, Resident
Assistant Secretaries and Attorneys-in-Fact to so execute or attest to the execution of al such writings on behalf of the Company and
to affix the seal of the Company thereto.
by(2) the Any President such writing and attested executed by the in accordance Secretary. with these Rules shall be as binding upon the Company ia any case as though signed
{3) The signature of the President or a Vice-President and the seal of the Company may be affixed by facsimile on any power of
attorney granted pursuant to this Resolution, and the signature of a certifying officer and the seal of the Company may be affixed by
facsimile to any certificate of any such power, and any such power or certificate beanng such facsimi e signature and seal shall be valid
and binding on the Company.
(4) Such Resident Officers and Attorneys-in-Fact shall have authority to certify or verify copies of this Resolution, the By-Laws of the
Company, and any affidavit or record of the Company necessary to the discharge of their duties.
(S) The passage of this Resolution does not revoke any earlier authority granted by Resolution of the Board of Directors on June 9:.
1953."
does hereby nominate, constitute and appoint PA~R'rCTJL LE~'Z$, of the C:L~:¥ of Newport Beach.,
Sta:e of California
NORTH AMERICA this
· each individually if there be more than one named,
its true and lawful attorney-in-fact, to make, execute, seal and deliver on its behalf, and as its act and deed
any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof. And the
execution of such writings in pursuance of these presents, shall be as binding upon said Company, as fully
and amply as if they had been duly executed and acknowledged by the regularly elected officers of the
Company at its principal office.
IN WITNESS WHEREOF, the said ....................... ~.:...D....A:.~..~..~.. DRAY.E , Vice-President,
has hereunto subscribed his name and affixed the corporate seal";~"[J~;;"~;,'i~"i~'~'~ij~X'~j~:~ COMPANY OF
12th
................................................ day of October
................................................ 19 .....Z.8. ........
(SEAL)
STATE OF PENNSYLVANIA j Vice-President
COUNTY OF PHILADELPHIA ~ ss.
On this 12th
ylvani d for th oi I i ']~:. ry
COMPANY OF NORTi~",~]~'~'I'~:~":~'""~"-' ........... ;7-7 ........... 7"';'"".;' ........ : ..................... Vice-President of the INSURANCE
· ,- tu ,,,~ personatJy Known to De me individual and officer who executed the preceding
instrument, and he acknowledged that he executed the same; that the seal affixed to the preceding iristrument is the
corporate seal of said Company; that the said corporate seal and his signature were duly affixed by the authority and
direction of the said corporation, and that Resolution, adopted by the Board of Directors of said Company, referred to
in the preceding instrument, is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City o f 'adel hi
~ ------l-J..~.:~: ....... :~.~. .... -'" .... ',,----
j~,,.~n[ unaers~gned, Assistant Secretary of INSURANCE COMPANY OF NORTH A~rrRICA, do hereby certify that
I,;il~~adl ROWER OF ATTORNEY, of which the foregoing is a full, true an correct co ' in full force and effect.
~!~l[r~JaJ[ness whereof, I have hereunto subscribed my name as Assist~fe~creta , an
$0.1 S.E. bth AvenUe (.U ,S,
elray Beach, F~o~ida 3344.4
D phone ¢~305) 272--1298
September 24, 1980
City of Boynton Beach
Public works Department
Woolbright Avenue
Boynton Beach, FL 33435
Attention: Mr. perry Cessn~ P.'2~ks
Director of pub£1C wu Beach
Re: Grant of Easement to The city of Boynton
off_site sewage, Forced Main and water Main
(Tartan Lakes project)
Dear sir:
Enclosed please find easement documents executed by
Tartan-Carina re the above-
_ s with your approval, how-
- -~closed meet ...... ired please do not
I trust the .~.. ~ further is ~=~ =
he sit.to u~ ......
~obert CatO ' '
Project' Manager
Rc/sb
EnclOsure
Suite 204
804 S.E. 6th Avenue [U.S. ~]
Delray Beach, Florida 33444
Phone [305) 272-'1298
September 24, 1980
City of Boynton Beach
Public Works Department
Woolbright Avenue
Boynton Beach, FL 33435
Attention:
Mr. Perry Cessna, P.E.
Director of Public Works
Re:
Water and Sewer Servicing
Tartan Lakes - Phase I
Dear Sir:
Further to our conversation, today's date, re the
above, please find enclosed:
1)
A copy of the proposal and the contract
between American Underground and Tartan-
Carma Developers
2)
3)
A bond in the amount of $340,000, in
favor of the City of Boynton Beach
A check in the amount of $3,236.46,
which represents the 1% Engineering In-
spection Fee as per City of Boynton
Ordinance #79-18
As discussed, once the City Attorney's Office
approves the format of the Agreement between the
City of Boynton Beach and Tarsan-Carma, we will
be in a position to deliver same to you.
Thank you~ for all your assistance.
Sincerety~ ~
Robert Caron
Project Manager
RC/sb
Enclosures