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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