87-DD (2)RESOLUTION NO. 87-D~
A RESOLUTION OF THE CITY CO~IMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, RELEASING THE PERFORMANCE
BOND FOR THE ACCESS ROAD AND THE JOGGING PATH FOR
BETHESDA PARK, P.U.D. IN SECTION 33, TO%fNSHIP 45
SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK 46,
PAGE 77 OF PALM BEACH COUNTY RECORDS
WHEREAS, a performance bond in the amount of $5,000.00,
(p~eviouslY reduced from $25,000 by Resolution No. 84-DDDD), was
posted for the construction of the private access road and the
jogging path, and,
WHEREAS, the Building Official and the City Engineer have
determined that the work has been satisfactorily completed,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
The performance bond is hereby released.
PASSED AND ADOPTED THIS ~day of ~~
CITY OF BOYNTON BEACH, FLORIDA
,1987
Commission Member
ATTEST:
(Corp, Seal)
PERFORMANCE
BOND
~OW ALL MEN BY TI{ESE PRESENTS:
That BETHESDA PARK DEVELOPMENT CORP, {hereinafter called the
Principal )~ and AETNA CASUALLY & SURELY CO. , a surety company
authorized to do business in the State of Florida (hereinafter called
f e "Surety"), are held and firmly ~ound unto the City of Boynton
Beach, a municipal corporation of the State of Florida (hereinafter
called the "City"), in the full and just sum of
lawful money of 'the United States of America., to be paid to the City,
~o which paym_ent well and truly to be made we bind ourselves, our
airs, executors, administrators, successors and assigns, jointly ....
and severally, firmly by these presents:
WHEREAS, the above bounded Principal, as a condition precedent
o the approval by the City of a plat of a certain subdivision known
s ~ETHESDA PARK , has submitted engineering and
ther construction plans for the Required Improvements prescribed by
%he Subdivision and Platting Regulations of the City, pertaining to
the said subdivision (hereafter referred to as the "Subdivision Improve-
ments Plans"), copies of which plans are attached hereto and by
~.ference made .n part hereof; and
W~EREAS, 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 a~e such that
f the above bounded Principal shall in all respects perform the
Subdivision Improvements Plans within the time specified in the Sub-
division and Pl~tting Regulations of the City, and shall indemnify
~nd save harmless the City against or from all claims, costs, expenses,
amages, injury or loss, including engineering, legal and contingent
osts which the City may sustain on account of the~.~.fail~u~e~, of the
/rincipml to perfozn~ the Subdivision 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
~.- ffect.
THE SURETY UNCONDITIONALLY COVENANTS AND AGREES THAT if the
Principal fails to perform all or any part of the const, ruction work as
set forth in the Subdivision Improvements Plans, within the time
~oecified, '.t.he Surety will forthwith perform and complete the said
_onstruction 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 ~forcsaid. Should the Surety fail or refuse
~.o perform and complete the said improvements, the City; in view of the
ublic interest, health, safety and welfare factors involved and the
nducement in approving and filing the said plat, shall have the right
.o 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
~gree.
TIIE PRINCIPAL AND T~IE SURJ~TY FU-RTHER JOINTLY AND SEVERALLY AGREE
a T the City, at its option, shall have the right to construct or,
pursunnt to pu])].ic advertisement and receipt of bids, cause to be
constructed the afores;~id improvements in case the Principal should
fail or refuse to do so in accordnnce with the SubdiviSion Improvements
.]ns and within the time specified, and in the event the City should
_~rcise sad give effect to such right, the Principal and the Surety
]11 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 uny damages, either direct
or consequential,~ wi%ich may be sustained on account of the failure of
-~I ~' PrinCipal to carry out and perform the Subdivision Improvements
Pi~ns within th6 time specified.
dress:
IN WITNESS ~IEREOF,~ the Principal and the.~u.rety h~ve executed
~ese presents this ]]th day of A uqust"~~~~.
BETHESDA PARK DEVELOPMENT CORP.
Vice President
1001 N.W. 62nd street Suite 404
Fort Lauderdale, Fi 33309
'~Witnesses:
Address:
-'~ ,-~] N.W. 2nd Avenue., Se|re !00
M~ami, Florida 33169
AETNA CASUALTY & SURELY CO.
(its attorney-in-fact,
Power of Attorney to
be attached)
Witnesses:
LiFE & C~-SUALTY
Hartford, Com~ectJcut 0C~115
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S}-IN-FACT
K NOW ALL MEN BY THESE PRESENTS. THAT THE .~ETNA CASUALTY AN D SURETY COMFANY. e corporation duly org snize5 under the l~w~ of the
State of Connecticut. and having its principal office in the City of Hartford. County of Hartford. State of Conns~ct~c[~ hah% made. COn~tib.~ted and
Creen - -
of M:[ am:[ ~ F~Lorida . its true and [awful Attorney{si-in~Fact. w~ ~tl power end au~o~ hereby conferred
to sign. ¢~ute and ac[nowledge, at any place wi~in ~e United S~t~. or. if the following Fine be filled ~n. w~in ~e ~re= ~ere desi~
. ~e following Jnst~ment(sj:
~ hisser sole signature and a~. any and all bon~s, r~nJzsn~s, contra~ of JndemnJ~. and other wHdngs obJigato~ in the nature of
("*-~nizance. or conditional unde~aking, and any and all ~nsen~ inc~denm thereto ~O[ exc~e~ [~[ [~ S~ o~ ~O
A~D~ ~ZF~ THOUSA~ (¢250, 000. 00) DOL~ -
and to bind THE .~'rNA CASUALTY AND SURETY COMPANY. thereby as fully and to the same extent as if the same were signed by the duly
authorized o.~cers of l-HE/ETNA CASUALTY' AND SURETY COMPANY. and all the acts of said Attorne¥{s)-in-Fact. pursuant to the authority herein
given, are hereby ratified and confirmed.
This appointment is made under and by authority of the foliowin.q Standing Resolutions of said Company which Resolutions are now in .~II fo.ce
and effect:
VOl-ED: That each of the following officers: Chairman. Vice Chairman. President, Any Executive Vice President, Any Senior Vice President. Any Vice
President. Any Assistant Vice President. Any Secretarf. Any Assistant Secretary. may from time to time appoint Resident Wce Presidents. Resident
Assistant Secretaries. Attorneys-in-Fact. and Agents to act for and on behalf of the Comps ny a nd may give any such appointee such authority as his
,certificate of authority may prescribe to sign with the Company's name and seat with the Company's seal bonds, recognizances, contracts of
indemnity, and other writings obligatory in the nature of a bond. recognizance, or conditional undertaking, and any of said officers or the Board of
DireCtors may at any time remove any such appointee and revoke the power and authority given hirr~
f~VOTEO: That any bond. recognizance, contract of indemnity, or writing obligatory in the natu re of a bond. recognizance, or conditional undertaking
~all be valid and binding upon the Corrjpany when (a} signed by the Chairman. the Vice Chairman. the President. an Executive Vice PresidenL a
Senior Vice President, a Vice President, an Assistant Vice President or by a Resident Vice President. pursuant to the power prescri~ in the
certificate of authority of such Resident Vice President, and duty attested and sealed with the Company's seal by a Secretary or Assistant Secretary
or by a Resident Assistant Secretary. pursuant to the power prescribed in the certificate of authority of such Resident Assistant Secretary; or (b} duly
executed {under seal. if required) by one or more Attorneys-in-Fact pursuant to the power prescribed in his or their certificate or certificates of
authority.
~-~ ~'~is Power of A~tomey and Certificate of Authority'is signed and sealed by facsimile under and by authority of the following Standing Resolution
Jted by the Board of Directors of THE ~ETNA CASUALTY AND SURELY COMPANY which Resolution is now in full force and effect:
VOTED: That the signature of each of the follow~g officers: Chairman. Vice Chairman. President. Any Executive Vice PresidenL Any Senior Vice
President, Any Vice President, Any Assistant Vice Pre-ideaL Any Secretary. Any Assistant Secretary. a nd the seal of the Company may be affixed by
facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Pra~idents.. Resident Assistant Secretaries or
.... Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and otb er writings obligatory in t~e nature thereof, and any
;uch power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such
~wer so executed and cerdfied by such facsimile signature and facsimile seal shall be valid artd,.bincting~upDn the Company in the f~ture with
-especl to any bond or undertaking to which it is attached.
IN WITNESS WHEREOF. THE/ETNA ~.ASUALTY AND SURETY COMPANY has caused this instrument to be signed by its Asst$ tent:
Vice President
State of Connecticut
ss. Hartford
County of Hartford
. and its corporate seal to be hereto affixed ~'tis 26t~
THE ~ CASUALTY AND SURETY COMPANY
By
Assistant Vice President
~n this 26 th day of January .19 81 . before me personally came 1~o T. RIPPE
to me ic~ow~. ~5o. ~{ng ~ me duly ~m. did d~e and ~y: ~ h~she is Assistant Vice President
~E ~A ~U~AND SUR~ COMPLY. ~e ~r~on d~ in and ~i~ ex~t~ ~e a~e i~m~ ~ h~she ~
·eal of ~id ~oration; ~e seal a~x~ to ~e ~id in~ment ~ su~ ~rate seal; and ~et he/she ex~ ~e ~id ~n~m~t on ~a~
~f ~e ~ratlon ~ a~o~ of h{~ offi~ und~ ~e Standi~ R~ions
.ne undersignad.
Notary Public
S acre tary of THE ~TNA CASUALI"Y AND SURETY COMPANY. a stoc~ corporation of the
State of Connecticut. DO HEREBY CERTIFY that the foregoing and anached Power of Attorney and Certificate of Authority remains in full Jomce and
has not I:~en revoked; and furthermore, that the Standing Resolutions of the Board of Director~. aa set forth in the Certificate of Authority. are no~
in force.
"~ ' 'X ~ [\ llt
Signed and Sea~d at the Home or, ce of ~a Company. in th f a
iTENI ZATION
Jogging Path
$]0,000
Access Road to S.W.
23rd Avenue (Golf Road)
. $15,000