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Home My WebLink About2559 Toll Brothers Inc - Tree Mitigation - Perf Bond (bond returned 9.24.24)CITY OF i &kNFORD FLORIDA �/� �_- X LIDS PLANNING & ZONING TRANSMITTAL MEMORANDUM CIA To: RE: Request for Services The item(s) noted below is/are attached and forwarded to your office for the following action(s): F-1DevelopmentOrder M Mayor's signatu ❑ Final Plat (original mylars) ❑ Recording ❑ Letter of Credit ❑ Rendering ❑ Maintenance Bond Safe keeping ❑ Ordinance City Attorney's Signatur Performance Bond )Rgsolution ❑ 2t�ormtc.nef �,ncil -�'e�e 1v1i�0�� Once completed, please: ❑ Return original ❑ Return copy El Special Instructions: Please advise if you have any questions regarding the above. Thank you! OW3 / ""� - ) z95- 4& - 2412�1 From Date TOLL BROTHERS, INC. 1140 Virginia Drive Fort Washington, PA 19034 Memo VIA UPS OVERNIGHT DELIVERY DATE: July 19, 2023 TO: Will Hawthorne— Director of Land Development FROM: Lynda Mills — Bond Insurance Administrator SUBJECT: Issued Bond for City of Stanford— Bond #1101660 Will, Attached is the issued bond that you requested. Please have the bond signed by an authorize signor. Please let me know if you have any questions. Regards, Lynda Mills PERFORMANCE BOND (Tree Mitigation) BOND NO: 1101660 KNOW ALL MEN BY THESE PRESENTS: That we, Toll Southeast LP Company, Inc., hereinafter called the "Principal", and The Hanover Insurance Company, a surety company authorized to do business in the State of Florida, hereinafter called "Surety" are hold and firmly bound to the City of Sanford, a political subdivision of the State of Florida (the "City"), in the full and just sum of Three Hundred Twenty One Thousand Five Hundred and 00/100 Dollars ($321,500.00) (the "Maximum Amount"), lawful money of The United States of America, to be paid to the City of Sanford of Seminole County under certain conditions set forth below, to which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the above -bounden Principal has applied to the City for a permit to construct the Park View Place Phase 2 development at 3590 Skyway Drive, Sanford, Florida 32773 (the " Development"), and, as a condition of issuing such permit, the City has asked Principal to pay the Maximum Amount as tree mitigation for the "Development", and WHEREAS, Principal has notified the City that Principal is working to explore opportunities to improve the landscaping and environmental improvements for the "Development", and, upon conclusion of said effort, would like to work with the City to determine a final amount for tree recompense, and WHEREAS, the City has agreed to proceed with permitting the "Development" in the normal course while the City and Principal determine final amount for the tree recompense, but on the condition that this bond be executed: NOW THEREFORE, the Surety unconditionally covenants and agrees that if the bounden Principal and the City do not determine the tree mitigation for the "Development" on or before December 31, 2023, the Surety upon seven (7) calendar days written notice from the City of Sanford, or its authorized agent or officer, of the default, will forthwith pay to the City of Sanford the Maximum Amount. Should the Surety fail or refuse to pay the Maximum Amount to the City when required hereunder, the City of Sanford, in view of the public, interest, health, safety and welfare factors involved and the inducement in approving and filing the plat, shall have the right to 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 agree. IN WITNESS WHEREOF, the Principal and the Surety have executed these presents this the 18 TH day of JULY, 2023. Address: Principal: Toll Southeast LP Company, Inc. 1140 Virginia Drive Fort Washington, PA 19034 Address: 101 West Elm Street Conshohocken, PA 19428 V ORD (TVNI l Lbt, For us nd relian e of the Sanfor City Commission only. Approved as to form and legality. Company By: GL (SEAL) Name: A/� ' M�-L -wv tj Title: vIL& Pfgfr8or 64,700 3%jft4-1'iG Surety: The Hanover Insurance Comr)an By: '(S_ aniel P uniga Title: Attorney -in -Fact am L. Colbert, City Attorney THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWER OF ATTORNEY THIS Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. KNOW ALL PERSONS BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing underthe laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, (hereinafter individually and collectively the "Company") does hereby constitute and appoint, Brian C. Block, Joseph W. Kolok, Jr., James L. Hahn, Daniel P. Dunigan, and/or Kelly G. Hennessy Of The Simkiss Agency of Berwyn, PA each individually, if there be more than one named, as its true and lawful attorneys) -in -fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, any and all surety bonds, recognizances, undertakings, or other surety obligations. The execution of such surety bonds, recognizances, undertakings or surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company, in their own proper persons. Provided however, that this power of attorney limits the acts of those named herein; and they have no authority to bind the Company except in the manner stated and to the extent of any limitation stated below: Any such obligations in the United States, not to exceed Ten Million and Noll 00 ($10,000,000) in any single instance That this power is made and executed pursuant to the authority of the following Resolutions passed by the Board of Directors of said Company, and said Resolutions remain in full force and effect: RESOLVED: That the President or any Vice President, in conjunction with any Vice President, be and they hereby are authorized and empowered to appoint Attorneys -in -fact of the Company, in its name and as it acts, to execute and acknowledge for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys -in -fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons. RESOLVED: That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or Vice President in conjunction with any Vice President of the Company, shall be binding on the Company to the same extent as if alt signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile. (Adopted October7, 1981— The Hanover Insurance Company; Adopted April 14, 1982 — Massachusetts Bay Insurance Company; Adopted September 7, 2001 —Citizens Insurance Company of America and affirmed by each Company on March 24, 2014) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents, this 22nd day of May, 2023 The Iianover Insurance Company Massachu3tus Day Insurance Company Citizens Insurance Company -of America 3W44o�A J s H. Kawlecki, Vice President STATE OF CONNECTICUT COUNTY OF HARTFORD ) ss. The Hanover Insurance Company . ;tn.,. husetts Bay Insurance Company Insurance Company of America . AA"'�. /�? - 4dlC-- n M. Mendoza, Vice President On this 22"d day of May, 2023 before me came the above named Executive Vice President and Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction. of said Corporations. Wendy Latoumes Notary Pubic, State 4I Connecticut', mridy Latou .es, Qts y Pul� �` Iuly CWJ1lIisSi� Expires Juiy 31.2025 My commission exires July 31, 2025 I, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this _18TH_ day of _JULY 2023 CERTIFIED COPY Thalnsurance ompa ,lta c is Bay ins pany CI n urapce Amc -- - ohn Rowedder. Vice Pro: