87-CCRESOLUTION NO. 87~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, RELEASING THE PERFORMANCE
BOND FOR THE CLUBHOUSE AND POOL FOR BETHESDA PARK,
P.U.D. IN SECTION 33, TOWNSHIP 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 $9,500.00,
(previously reduced from $47,500.00 by Resolution No. 84-EEEE),
was posted for the construction of the private clubhouse and
swimming pool for Bethesda Park P.U.D., 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
ATTEST
~raralss ion Me~er
(Corp, Seal)
PERFORMANCE
BOND
~OW ALL MEN BY TIIESE PRESENTS:
That BETHESDA PARK DFVF~0PMFNT £ORP (hereinafter called the
"Principal") ~ and AETNA CASUALTY g SURELY CO. , a surety company
authorized to do business in the State' of Florida (hereinafter called
~'~e "Surety"), are held and firmly 'sound 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 $47,500
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 ourselves, our
~irs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents:
Wq{EREAS, the above bounded Principal, as a condition precedent
~ the approval by the City of a plat of a certain subdivision known
s 8ETHESDA PARK , has submitted engineering and
ther construction plans for the Required Improvements prescribed by
The Subdivision mnd 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 a part hereof; and
WHEREAS, 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 are such that
f the ~bove bounded Principal shall in all respects perform the
Subdivision Improvements Plans within the time specified in the Sub-
division and Platting Regulations of the City, and shall indemnify
~and 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 failure of the
Principal to perfozn~ the Subdivision Improvements Plans within the time
specified in the said Subdivision and Platting Regulations, then this
obligation shall ~e 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 const, ruction w~rk as
Set forth in the Subdivision Improvements Plans, within the time
~ecified, ~the Surety will forthwith perform and complete the said
mnstruction 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 ~fo~esaid. 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 ~he
nducement in approving and filing×~Che said plat, sha'il have the right
o resort to any and all legal remedies agains.t the Principal and the
Surety, or either, both at law and in equity, ~uding specifically
specifics' performance, to which the Principal and Surety unconditionally
~a~gree.
. T!IE PRiNCiPAL AND TIlE SURETY FURTHER JOINTLY AND SEVE~RALLY AGREE
AT the City, at its option, shall have the right to construct or,
pursunnt to pu~;lJ.c ndvertisement ~nd receipt of bids, cause to be
constructed the afores~id improvements in case the Principal should
fail or refuse to do so in accordance with the Subdivision Improvements
[ans and wi%tin the time specified, and in the event the City should
(erclse and give effect to such right, the Principal and the Surety
]~11 be jointly and severally liable hereunder to reimburse the City
the %oral cost thereof, including, but not limited to, engiDeering,
legal and contingent costs, together with any damages, either direct
gr consequential, which may be sustained on account of the failure of
e Principal to carry out and perform-the Subdivision Improvements
Plsns within the time specified.
IN WITNESS ~tEREOF, .the Principal and
~t. hese presents this l!th day of August
]dress:
1001 N.W. 62nd Street
Suite 404
Fort Lauderdale, FI 33309
BETHESDA PARK DEVELOPMENT CORP.
Vice President
Witnesses:
Address:
--18441 N.W. 2nd Ave.. Suite lO0
AETNA CASUALTY & SURETY CO.
(its attorney-i~;- fact,
Power of Attorney to
be attached)
Miami, Florida
33169
Witnesses:
///
iTEHIZATION
Club
Pool
Hous~
$29,500
$18,000
Connecticut 05','
t~FE & c_~L~LT~.
poWEB OF ATTORNEY AND CE~T~F~CA'[E OF AUTHOR~TY OF AI~OBNEY($)4N-FACT
~ - COMFANY, a cabaret;on duty o~sniz~ under~e Im~ of ~e
KNOW ALL MEN BY THESE PRESE~S,~AT ~E ~TNA ~UAL~ AND SgB~ of Conn~ h~th m~de, ~n~ ~
State Of Conn~i~t, and h~ving i~ princ~sJ o~ce in the Ci~ of Ha~ord, ~n~ of Ha~ord, State
Creeu - -
its true and lavvfui,Attorney{s}-in-Fact, with futJ power and authority hereby conferred
in, within the sma there desig-
of Miami, Florida '
to sign, execute and acknowledge, at any place within the United States, or, if the following tine be filled
win instrument(s}: bond,
" of TWO
, the fo. llo_~__~ ~ntractS of indemnitY, and other wn'angs obligatorY in the nature of a
noted
by his/her eole signature and act. any and all bonds, recogmzan~==, ~- ~
:~cognizance, or conditional undert~klng, and any and all consents incidents thereto not exceeditlg t~qe s~
aLTeRED yZFTY THOUSAt~D ($250,000.00) DoLLA~ -
' ' extent as if the sams ware s~gn~d by the duly
of said Attorney{s}4n-Fact, pursuantto the auth ority herein
~and to bind THE /ETNA CASUALTY AND SURETY COMPANY, thereby as fully and to the same
uthorized officers of THE ,zETNA CASUALTY AND SURETY. COMPANY, and all the acts
given, are hereby ratified sad confirmed-" - -' - -
This appointment is made under and by-authority of the followin.q Standing Resoh ~ons of said Company which Resolutions are now in fiji1 force
Chairman President' AnY Executive Vice President' Any Seni°r Vice P~esident' Any Vic~
.~nd effect:
..... Secret~ry may from time .... ointee su~ authority es his
~OTED: That each of the following officers: Chairman, Vice to time appoint Resident Vice presidents, Resident
. Secretary, An¥~sls~m ' ' n and maygiveanysucn~P?
...... ^..istantVicePres~dent, AnY .. _-~--behalfoftheCompa Y , _, ~___,,~ r,~r, on[zances' contracts of
:re=~oenL~n¥,~- . ,-_~ ..dAmentstoac~ror anuu" - , --.:-~- the Company s sea~ ~"~,,~=, ---~
-s,.ta-'Secratar'e" A. orne s -i-nthe company's name a.0 sea, .....
~ert~ficate of authority may presc-~ -,~ ~ - bond recognizance, or conditional undertaking, and any of said officers or the Board of
indemnity, and other writings obligatory in the nature of ~ ·
Direr-tots may at any time remove ar~' such appointee and revoke the power and authority given him
bond recognizance, contract of indemnity, orwriting obligatoryin the nature of~ bond recognizance, or conditionai undertaking
. ~.OTED: That any ' the Comport,/when (a} signed by:the Chairman, the-Vice Chairman, the preslde,nbnt IoantheEXecutivepower prescribedV~ce president,in then
all be valid and binding upon . . - ' of such ResidentAssistant Secretary; or (b) duly
Senior Vice-Preside~t* a Vice prudent` an Assistant Vic~ President or by e Resident Vice President, pursue
authority of such Resident Vice President. and duly attested and sealed with the Compares seal by a Secretary or Assistant Secretary
sident Asststam Str~retary pursua _. .... .,~-'n-Fact pursuan[ ~o u,= ,._.__r _ ribed in his or their certificate of certificates of
orby .... ~,Zer seal if reouired) by one o~ ...... ~ '"
· . Resolution
authority.
~ ~This Power of Attorney' and Certificate of AuthoritY is signed and sealed by facsimile under and by authoritY of the followin~ Standing
oted by the Board of Directors of THE/ETNA CASUALTY AND SURETY COMPANY which ~esoiution is now in full force and effect:
- Any EXecutive V~ce President, Any Senior Vice
._ - . .... ~ .,, c.~.-~etar~l , AnyAssistsnt Secretary' and the saal °f the c°mpany maY be affix'ed by
VOTED: That the signature of each of the foltow~g officers: Chairman, Vice Chairman, President.
facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice presidents. Resident Assistant Secretaries or
president, Any Vice President, Any Assistant wce rreslo~ ~".~ ~--- 'u~dertakings and other writings obligator~ in the nature thereof, and ar~
~ Attorneys-in-Fact for purposes onlY of executing and attesting bonds and in the future with
facsimile signature or facsimile seal shall be valid a nd binding upon the Company end any such
such power of attorneY or certificate bearing such
power so executed and certified by such facsimile signature end facsimii~ seat shall be valid and binding upon the Company
respect to any bond or undertaking to which it is attached. ·
IN WITNESS VV*HEREOF, THE ./ETNA CAsUAL'I'Y AND SURETY, and itsCOMPANYcorporatehaSsealCausedt° be heretothis instrumentaffixed thist° be signed26 bythits As sis ta~t
day of J ant~aLry .... : THE ~-TNA CASUALTY
State of Connecticut I ss. Hartford
County of Hartford
~ -' 19 ~. · before me porsonally came I:L,, ~-
, Assistant V~ce ~res[dent
~n ~ 26 th day of Janua~ ..... and ~' ~ he/~e is
~ ~ me ~ ~m. mo u~ . '~:~ in and ~i~ ex~t~ ~e a~ve in~m~C ~ h~she ~o~ ~e
to me ~, ~o. ~ ...... ~, ~p~y, ~e ~a~on d
~E ~NA ~U~ AND ~u~c i ~ ~'" in~m~t ~ su~ ~rate ~al; an~ ~at h~she
seal of uid ~¢mtion; ~e seal a~x~ ~ ~e ~id
CERTIFICATE of TI4E ,~ETNA CASUALTY AND SURETY COMPANY. a stoc~ corporation of
~ -' Authority remains in full torce ar
,ne undersigned, S acre txry
State' of Connectict~, CtO HEREBY CERTIFY that the foregoing and attached Power of Attorney andasCertificate~et forth in°fthe Certificate of AuthoritY, are r~o
ha= not been revoked; end furthermore, that the Standing ReSolutions of the Board of Directora,~,
· ~ ' l 1 ~' h day
force.
onnecttcuL Dated ~a