81-S RESOLUTION NO. 81-~
A RESOLUTION OF TPIE CITY OF BOYNTON BEACH,
FLORIDA, ACCEPTING THE PUBLIC ROADS, STORM
SEWERS WITHIN THE PUBLIC RIGHTS OF WAY AND
WATER -AND SEWER LINES FOR MAINTENANCE AND
OPERATION FOR THE SOUTH TR~T OF LEISUREVILLE,
SECTION 10
WI{EREkS, Article XII, Sections I and II of the City Code
requires the City to accept completed i~provements for maintenance
and o~erat ion.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BOYI%~ON BEACH, FLORIDA:
Section 1. city of Boynton Beach hereby accepts the
public roads, storm sewers within the public right of way, and
water and sewer lines from the South Tract of Leisureville,
Section 10 for operation and maintenance, s%%bject to the posting
of a bond in the emount of $10,200 to cover uncompleted sidewalks
and costs related to defective materials and workmanship.
Section 2. The surety bond $4118933 in the amount of
$1,324,304.30 previously posted with the City in con]unction with
South Tract of Leisureville, Section 10, is hereby released.
1981.
ATTEST:
City Ci~erk
(Corp. Seal)
PASSED AND ADOPTED this
CITY OF BOYNTON BEACH, FLORIDA
Mayor /~
!il Member
AND MALAVASI
]BNGINEERS, INC.
CO NS*ULTIN G ENGiNEEHS
January 22,
FORUM III -SUITE 407
1675 PALM BEACH LAKES BLVD.
~'EST PALM ~EACH, FLORIDA 33401 '
TELEPHONE: [305) 689-0354
1981
Mr. Tom Clark, P.E.
City of Boyn~on Beach
P.O. Box 310
Boynton Beach, Fla. 33435
Re: E~gineer~ Completion Certificate
Tenth Section, Palm Beach Leisurevilte
Dear Mr. Clark:
Enclosed is the signed and sealed Engineer's Completion Certificate for the
Plat of the Tenth Section, Palm Beach Leisureville.
This final completion of the work was euided by your punch list letters of
August 29, October 2t & December 24, I380.
The sidewalk along the west side of S.W. 22nd Ave. from S.W. 15th Ave. north
to the 5ridge was not constructed because of impending development of Oarcel
"L". Therefore it Ns requested that $1,200.00 be added to a maintenance
bond of $7,000.00 for a total of S8.200.00. The developer will be guided
by the City as to-required form o~ ~urety.
Also enclosed is an executed "Agreement of Required Improvements".
ER:ps
Encs:
Very truly yours,
~INEERS, INC.
Enrico RoSSi, P.E. '
The Party of the first part B0ynt0n West DeveT0pment Corp., hereafter
referred to as the "Developer", hereby agrees and con~racts
with the City of Boynton Beach that as consideration for
the platting and subdividing of land pursuant to the ~s~u, bdivision
and platting regulation ordinance of the City of Boynton Beach
that the required improvements as defined in said Ordln~ance have
been constructed pursuant to the Ordinance. ~urther, should the
Required Improvements fail or otherwise become defective during
a period of one year from the date of acceptance of said required
~provements~ due to defective material-s orwor~3nansa~p,' ' the
eveloper" shall, upon each occasion, be responsible in,alt
respects for such failure or defect. %~ne "Developer" shall
ia~nedi~tely, upon thirty (30) days written notice by the City
of Boynton Beach,. correct such failure or defect at the "Deva±oper~
sole cost and expense and bring them into'compliance with the
requirements of the above referenced subdivision and platting
Reg~alation Ordinance of the City of t~ynton Beach, Florida.
In the event the '~Developer" fails to begin ~epair of the
defective Required Improvements within thirty (30) days as
specified above, the City of Boynton Beach shall have the
right to make such needed repairs and the "Developer" shall
be liable for the actual cost e>~pended by the City of Boynton
Beach for such repairs and any cost incident to the collection
of such sums, including but not limited to reasonable Attorneys
fees and cost of litigation.' ~ '
Signed,
sealed and
delivered this ~-~_f~ day of
~ ~'~---~ 198t.
Personally appeared before ~ne this 22__~d Day of __Janq.ar.y _.
198], Co03~5,0 C~g$0ns who being duly sworn on oath, says: -
%~nat he is V~ ~ce President . of Bok'nt0n West Deve]c0ment Corp.
and that he hereby "acknowl~ges ~he execution of the foregoing
instr,~nent for and on behalf of said_~0.vn~t0n West Deve~0pment _C2rp.
and at his special instance and request. ---
My Com~nission Expires__~6-__4,-84
COKPLETION CERTIFICATE
I hereby certify that the Subdivision Required Improvements on Plat of the
Tenth Section of Palm Beach Leisureville have been completed under my re-
sponsible direction and conform with the approved construction plans and the
Subdivision an~ Platting Regulations of the City of Boynton Beach, Florida.
Copies of measurements, tests and reports made on the ~rk and materials
~uring the progress of construction alon~ with a copy of each of the "as-
u}lts' construction plans on a high quality, t~me stable reproducible sepia
showing ~he original design in comparison to ~h~ actual finished work have
been submitted and are on file in the records of the City of Boynton Beach,
Florida.
Florida Registered Engineer
# 13529
Date
No. ~8933
PA~RFORMAN~E AND PAYMENT BOND
KNOW ALL ~[EN BY THESE PRF~ENTS: That we RUBIN CONSTRUCTION COMPANY and
~'~NTON WEST DEVELOPMENT CORPORATION AND C~PANELLI, IRC. ,
'rincipal and IHE~;~ERICAN iNSURANCE COMPANY, as Surety, are bound to ~E CI~
O~ 8DYNTON BEACH, A MUNICIPAL CORPORATION
~ .... ' , herein called ~ner, in the sum of ~ MILL]DN THRFF H[hNDRED
I~$;EJN~ FOUR. THOUSAND~ ~REE HUNDRED FOUR and ~0/]00 (~],326,30~.30) Dollars
]or.~he,~.. payment .of which we 6ind ourselves, our personal representatives, successors
~ng~,~sstgns~ jointly and severally.
I~EkEAS,-Principal has entered into a contract dst'ed August 15 1973
Owner for- Construetlon of sere development of a portion Sections 29 an 32 Town-
?o South, Ren~oe 43 East~ Palm Beach County, F}or[da
~ contract is by reference made a part hereof, and is hereinafter referred to as
he Contrac.t.
-~ ~ "TIlE COICOITtON OF THIS ~OA~-ia that if Principal: - ~.
i. performs the contract at the times and in the manner prescribed in the
ontrJct and
~ .f~.. 2.. promptly makes payments to all persons supplying Principal with labor,'
~%~gaigo%%~u%~%l%~s~ used dxrectly or ~nd~rectly by Principal or subcontractors
P he work provided for in the contract aa prescribed by Bection
55.:05 or section 713.23, Florida Statutes, whichever is applicable to the contract,
nd
3. pays ~ner all loss, damage, costs and attorneys fees that' Owner sus-
because of default by Principal under the contract and
4. performs ~he guarantee of all work and materials furnished under the
ontract applicable [o the ~ork and materials,
hc~this bond is void; otherwise it remains in full force.
The provisions and limitations df section 255.05 or s. ection 713.23, Florida
tatutes~ whichever is applicable ~o the contract, are incorporated in this bond by
~ference~
SIGi~D 7RTD SEALED on October 5 , 19 73 ..' '
ton West Development Corn..
ce President (Title)
~nelli~ Inc.
%r~ide~ t }~ (Title)
)602'-1-72
Rubin Construcfi. on Comoanv
(Title)
.THE AMERICAN H"~SU~AL~.E C~]HPA~ef
~(Surety) (Seal) '
/ Attorney-in-Fac~
Rj. chn~xl S. O'ohtrr:o~, W.l..~.:lJam C. C]ark, I~obort C. D:tnmonO nnd Sam L, 1.1]ingLon, n~l oF
final csbimates,
u%ver oJ aitorncy is granlcd pursu~nl 1o Ariicle Mill, Seclion 30 ~nd 3J al ~y-Jaws al THE AMERICAN INSURANCE COMPANY
~up~ed on ~h¢ 71h day o~ }.{ay, llgG3, and now in lull torte ~nd eilccl
' ~ ~A'~o~od ~mder cud bw tho aulhorily of lhe {o ow'nc Reso u 'on adap ed by the Bawd of Dtrec'ors
~ LVED t%aJ he s~gnaiure o ~ny V ce-~esi~ent AssisI~ Se~el~y and Resident Asstsionl Se~et~y o~ this
~. ceriiqc~ie ~ela ng hereto, by lacs mi!e, gnd any pod*er oJ ai~o~]ey, cny r~a.aho9 o~.~ny ~we. ?i alia. ney, o. ce~J ~ e be g
~-~h J-ac~mi]e s gna~ure o~la~imite se~ sh~l be wmlid ~d binding u~n the ~or~ratiom ' .
~i$ ~Ker oJ ~io~ney is a}so signed and se~ed under and by muiho:ily al ~ lns!rument oJ Aulhoriiy
...... ~1~ p~su~l ia Article Vi!]. Section 30 and 31. ct ~e By-laws o[ THE AMERICAN INSURANCE COMPANY. ~d s~d Ins!ru-
RUMENT OF AUTHORITY. KNOW A~ LiEN BY THESE PRESENTS: Tha, Roberi R. ScoiJ, Assistant Vice ~esidcn% al Ibis ~r-
~ticle YIlI, Section 30 and Section 31. of the By-l~vs of ih'e Corporation.
~ THE AMERICAN I~SU~NCE COMPANY
~ )~;I~NESS %VHEREOF, T~E ~MEE1CAN ]NSURA-NCE COIgPA~Y h~s caused these ~-esenls ia'be si~e~ by
' ' - , ~ 9th a~ ct July ,
THE. AI,~C'~U~NCE COMPANY
rE OF NEW ]ERSEY ~ .'. ' - : ' '
NTY. OF ESS~' ' ... ' ' '~'3
~i' ~d~yo] ' ,~r :.19 7~be~oremeper¢ona}!yc~,e~OBERTR. ECOTT, lome~nown.~,'ho,
...... ~ ~ - d sa-' ~a t.e is Assi~ani Vice.es dent o THE AMER CA
~'~'~"Yi'. - . .' i~ ....... )~ ~r*l- th~) {t ~os so affixed b~ order of the Bo~d el Direclors
he siqned his n~ae lhetelo by l~ka cruet. -
%qTNESS %VHEEEOF, I have hcreunlo ~e my h~d and c lixed my o[[ ci~ seal. l ~o day ~nd ye~ he~cm
(SEAL)
- · CERTIFI CAT~
STATE OF NEY; IERSEY ' '
"-mOUNTY OF ESSEX
March
2, 1981
Mr. Peter L. Cheney,
City Manager
City of Boynton Beach.
Box 310
Boynton Beach, Fl. 33435
Re: Leis~reville ~So~%h Tract
Dear Mr. Cheney:
As President of the Association I request that the following
items be taken care of before acceptance by the City:
Two drains on~$.W. 17th Avenue and a drain on
corner of Roma Way and S.W. 22nd Street need
to have gratings lowered to edge of pavement
level.
o
In lieu of resurfacing S.W. 19th Court patches
were made where thickness of asphalt was less
than one inch. The Association feels that
S.W. 19th Court should be resurfaced.
Very truly yours,
RF:mb
BOYNTON LEISUREVILLE COOL, UNITY ASSN.,
R. Fischer, P~esident
cc: Thomas A. Clark
MEMORANDUM
February 25, 1981
TO:
Mr. Peter L. Cheney,
City Manager
FROM: Tom Clark,
City Engineer
Resolution accepting improvements
Tract of Leisureville (Section 10)
for
the South ' O[~c~ r,~/
Forwarded herewith is a certification from the Design Engineer
dated January 21, 1981 and an agreement from the Developer
dated January 22, 1981 concerning the subject project. Also
included is a letter dated January 22, 1981 which is self-
explanatory.
The T.R.B. members have all advised that they have no objection
to the City acceptance of the improvements.
As stated in the said Design Engineer's letter the sidewalk
along the west side of S.W.. 22nd Avenue South of the bridge
to S.W. t5th Avenue was not constructed because of impending
development of Parcel "L" (approximate cost $1,200).
Where Christian Villas, Plat II, (Cedarwood) is being con-
structed approximately $2,000 worth of sidewalks is still
not complete but will be constructed by the Christian Villas
Developer who will bill the Leisureville Developer.
I recommend that the City approve a resolution accepting all
improvements and accepting the public roads, storm sewers
within the public rigkts of way and waner and sewer lines
for maintenance and operation subject to the following:
1. A one-year cash bond or "Maintenance Bond" in the
amount of $10,200 to cover uncompleted sidewalks
and costs related to defective material~ and workman-
ship.
~Work 2.
iCompleted-~
2/26/8!
Repairs and resurfacing on S.W. 19th Court near the
end of the cul-de-sac satisfactory to the City Engmneer
(this work is supposed to be done on Thursday, Feb. 26,
1981).
TAC:m~
Attach.
cc: Perry Cessna
Carmen Annunz~ato
Bud Howell
Tom Clark
P.S. Subject to approval of Resolution 'I recommend that the Bond
~4i18933 in the amount of 1,324,304.30 be released.~f~,J