81-UU RESOLUTION NO. el- ~
A RESOLUTION OE THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING PLAT OF 'DOS LAGOS P.U.D.
A SUBDIVISION WITHIN THE CITY OF BOYNTON
BEACH AND FOR OTHER PURPOSES.
WHEREAS, the final plat of Dos Lagos P.U.D. is hereby
~ubmitted for approval; and
WHEREAS, Dos Lagos P.U.D. plat approval is su'bject to
Stipulations outlined in the City Engineer's letter dated July 30,
1981, which is attached hereto and made a part of this Resolution;
and
WHEREAS, a performance and completion bond is 'being held
is conjunction with Dos Lagos P.U.D. in the amount of $1,562,691.68
to Insure that Improvements within said area are installed, complet.
ed and paid for in accordance with applicable requirements.
NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY TH~ CITY
COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1.. That the plat for Dos Lagos P.U.D. is hereby
resolved to have received final plat approval by the C~ty Council
of the City of Boynton Beach, Florida, with all conditions previous
ty agreed upon and subject subdivision is hereby affirmed and
adopted.
Section 2. That the Surety Bond in the amount of
$1,562,691.68 be held by the City in accordance with the provisions
set forth in the Charter and Code of Ordinances
Boynton Beach, Florida.
PASSED AND ADOPTED THIS
for the City of
~day of August, 1981.
CITY OF BOYNTON BEACH, FLORIDA
By:~
TTEST:
y City .Clerk
(Corp. Seal
uounc'il ~emb~r
MEMORANDUM
July 30, 1981
TO: Mr,~Peter L. Chene.~
City Manager
FROM: Tom Clark,
City Engineer
Re:
Final Plat for Dos Lagos P.U.D.
Forwarded herewith is a copy of a letter from Frederick Roth, P.E.,
Vice President of Engineering for the Satter Company. Said letter
ts self-explanatory and responds to the stipulations made for the
approval of %he preliminary plat.
Included herewith is a copy of the bond in the amount of $1,562,691.68.
The original bond document ~s be±ng forwarded to the Finance Department
along with the cheek for the filing fee of $150 and a check for the
aldministrat±on fee of 1% of the bond amount, i.e., $15,626.92.
The Technical Review Board has rev±ewed the subject final plat and
acceptance ±s recommended subject to the comments made by T.R.B.
members as follows:
Mr. Fredericks requested an itemized list of the private
recreation facilities and a cost breakdown thereof.
Capt. Hillery of the Police Department requested that
traffic control devices be provided.
Said traffic control device ±ncluding traffic markings
and stop signs are included in the cost estimate under
ths paving and d-~-~ainage costs.
A copy of the final plat with notations made by the Technical Review
Board is forwarded herewith.
The mylar original of the final plat will be submitted when the
Mortgagee and the Land Surveyor sign.
The breakdown of costs for the recreational facilities should be
submitted prior to s~gning by the C~ty.
TAC:mb
Attach.
Copy of Mr. Rothts
Copy of bond
Copy of final plat
letter
Tom Clark
COUNCIL A,PpRDVE. D
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That FSC, V_NC. (hereinafter called the
.~nc~pa~ ), and~ATIONALSURETYCORPORATiON , a surety company
author:zed todo business in the State of Florida ~here~na~ter called
!the Surety ),.are held and firmly bound unto the C~ty of Boynton
_~y_~ach, a m~ni?ipal corporation of the State of Flo i .'
~ca~iled the "C " ' __ .. . r da (hereinafter
{ ~ ~ . :ty ), in the full =~d ust sum of s~ ~ '
· zawzui money of the Un:ted States of Amerzca, 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 '~hese presents:
~ . WHEREAS, the above bounded Princinal as a c~-
!;cement to the approval by the City of a ~Ia+ ~ ...... ~ : -
j~ ~o~o~ ~own as .~ub~a~0S ! has submitted engineering and other
~,aonstructmon plans ~or~the Requmred Improvements prescribed by the
'! '." _'. :: : . : i of the City, pertainingimprove_tO the
are attached hereto and by
WHEREAS, it was one of the conditions of the said Sub-
:vzsmon and Platting Regulations. that this bond be executed;
{ NOW, THEREFORE, the conditions of this. obli at'
?~ ~-- g ion are such
!~t~at if_the above bounded Pr:nclpal shall mn all res ects
/j:the Subdivision Impr0¥ements Plans within the time s ecifi he
~iSubdivismon and Platt:ng Regulations 0~ the City~ and shall in-
ildemnify and save harmtess~the Cmty aga:nst or from all c!aimsl
.,:costs, expenses, damages, injury or loss, including engineering,
i;legal and contingent costs which the City may sustain on account of
~:the failure of the Principal to perform the Subdivision Improvements
i~Plans within the time specified in the said Subdivision and Plat-
,~t:ng Regulations, then this obligation shall be void; otherwise to be
l~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 c6nstruction work
=j~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 in-
~idemnify~ 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
-2-
~remed~.es against the Principal and the Surety, or either, both at
i1~ ~nd. in_equity, including specifically specific performance
Which the~rrincipal and Surety uncondxtionally agree. ' t°
THE PRINCIPAL AND THE SURETY FURTHER JOINTLY AND SEVERALLY
AGREE THAT the City, at its option, shall have the right to con-
struct or$ pursuant to public advertisement and receipt of bids.
[.,cause to De constructed the aforesaid improvements in cam.
~iPrln~x~al should fall or refuse to do so in accordance with the
~i~ubdlvlsion Improvements Plans and within the time snecif~e~-
illn the event the City shouId e×erclse and give effec to
~ithe Principal and the Surety.shall be jointly and severally lxablei
~y~__~ereunder to reimburse the City the total cost thereof
~o?~_non i%mlte~ to,.e~gtn~rlng, legal and contingent costs,-toggther
,;With ~ny oamages, either Olrect or consequential, which mav be
!Isu~taln~d on ~cc~u.n~.o~ ~he ~allure of the Prlnclpal to carry out
an~ pe~iorm the ~uoolvlslon improvements Plans'within the time
tspecified. .
IN WITNESS_%CHEREOF, the Pri~Pi]~al_and the Surety have executed
these presents this 2J~ day of ~/~ , 1981. '
Address: ~ PRINCIPAL/
218 Datura Street
West Palm Beach, Florida 33401
Address:
501 S6uth FlaKler Drive
NATIONAL SURETY CORPORATION
SURETY
By. /
(Its~ atto~n&~in-fact, Pow~-~
of IAttorn'ey ~o be attached)
Richard S. Johnson, Attorney-in-Fac~
and Licensed Resident Agent
West Palm Beach~ Florida 33401
ATTEST:
Witnesses:
(;ENERAL
eO~ OF
-A'rfORNEY NATIONAL SURETY CORPORATION
KNOW ALI. MEN BY THESE PRE.gENTS: That NATIONAL SURETY CORPORATION. a Corporation duly organized and existing under the laws of
the State of Illinois. and having its Home Office in Ihe Cty of Chicago. Illinois. les ir~ade, constituted and appointed, and does by these presents make.
constitute and appoint
RICHARD S. OOHNSON, WILLIAM C. CLARK, ROBERT C. DIAMOND,
SAM L. ELLINGTON and MAY S. WILBURN
jointly or severally
WEST PALM BEACH, FL
itsl~me and lawful Attorney(s)-in-Fact. w Ih full power and authorily hereby conferred in/ts name. place a. nd §read. Io r..xeeute, seal. acknow edge and
de~'ver any an~] aH bonds, undertakings, recogmzances or other written obligations in the nature thereof :~ i-or all obli~ees
Department
of
Transportation, -State
of
~ormaa, xncmaent to the release of retained percentages and/or final estimates .........
.....
This pov~er of attorney is g~nted pursuan! to Article VIII. Section 29 and 30 of By-laws of NATIONAL SURETY CORPORATION now in fall force
SURETY .CORPORATION at a meeting duly called and held on the 7th day of Se;tem~--~r-~)a~do~p~,~_h~e~?_~o.a..r..d__of~D_,rec~9~ of NATIQN. AL
facsimile, and any pod,er of altornex any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall
valid and binding upon lhe Corpora~tion.''
I.~ ~'ITNESS WHEREOF. NATIONAL SURETY CORPORATION has caused these presents Io he signed by ils V/ce-President.
and~ils corporate seal to be hereunto affixed this 3rd day of November 1980
~ ' NATIONAL SURETY CORPORATION
STATE OF CALIFORNIA. 't .
CITY AND COUNT'Y OF SAN FRANCISCO
On Ibis ~rd da) of November
~ ............. ' ~ 80 . before me personally came William W. tauber
.~u~_e.~_n~o~:~, _w~no.~.ve?g t~) me ,a~.~y s~om. ~aio oepose ano sa.',: lnat iae is Vice-Pres den of NATIONAL SURETY CORPORATION. the Corpora on
-'~ ~-dN WITNESS WHEREOF. I have hereunxo sel my hand and aiSxed my official seal. the day :'tM year herein first above whiten.
i ~ Susie lC. (;~L~FRT
.-' I-~;' ~;~:,! NOT~Y PUBLIC - CAL FOI~NIA
'~ ~ Mr Conwnhfion Er~res No~. 17.
STATE OF FLORIDA
C~Y
OF
TAMPA, HILLSBOROUGH COUNTY
I. the undersigned. Res/dent Assistam Secretar] of NATIONAL SURETY CORPORATION. an ILLINOIS Corporation. DO HEREBY CERTIFY lha!
~ignedandsealedattheCity of Tampa, Hillsborough County, Dated the 28th day of July, 19 81
a~o~I~