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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,