HomeMy WebLinkAbout2560 Concorde Subdiv Phase 3 - D.R. Horton - Perf BondCITY OF S, NFORD �60
PUBLIC WORKS & UTILITIES
DEPARTMENT
Bond Memorandum
Proiect Information:
Project Name: CONCORDE SUBDIVISION PHASE 3
Project Address: LAKE MARY BOULEVARD
Bond Type: ❑ Maint./Agreement 0 Performance Other:
Developer and/or Owner Information:
Bond number: PB00561200158 Amount: $128,447.53
Bond Principal Name: D.R. Horton, Inc
Bond Principal Address: 10192 Dowden Road, Orlando, FL 32832
Bond Principal Phone: (407) 850-5200
Email:
Bond Obligation: Performance Bond for Final Lift (1") f Pavement Phase 3 of Concorde
Bonding Company Information:
Surety Name: Philadelphia Indemnity Insurance Company
Surety Address: One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950
Surety Phone:
Email:
Effective Date: May 30, 2024 Expiration date: May 30, 2026
(City's acceptance) (Two years or subject to Performance)
Alarm date: February 28, 2026
(90 days prior to expiration date)
Bond No. PB00561200158
PERFORMANCE BOND (Roads)
KNOW ALL MEN BY THESE PRESENTS:
That we, D.R. Horton, Inc., hereinafter called the Principal, and Philadelphia
Indemnity 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, in the full and just sum of $128,447.53, lawful
money of The United States of America, to be paid to the City of Sanford of Seminole
County, 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 a condition precedent to the
approval by the City of Sanford of a plat of a certain subdivision known as Sylvestri
Estates Phase 3 (aka Concord Ph 3) has covenanted and agreed with the City of
Sanford to construct roads, streets and other associated improvements based upon
development plans and plans and specifications pertaining to said subdivision, said
development plans and plan and specifications being dated :3v ky day of
__Z1" , 20 2l , and being on file with the City of Sanford, Seminole County,
Florida, and
WHEREAS, it is a condition precedent to the recording of said subdivision that this
bond be executed:
NOW THEREFORE, the conditions of these obligations are such that if the
bounden Principal shall construct the aforesaid improvements in accordance with any
date prescribed in the approved development plans and plans and specifications dated
the J vJ y
day of Z 11 , 20 "11 , or within two (2) years of
the date of approval, whichever occurs first, and shall in every respect fulfill its, his, their
obligations under the development plans and plans and specifications, and shall
indemnify and save harmless the City of Sanford against or from all claims, costs,
expenses, damages, injury, or loss, including engineering, legal and contingent costs
which the City of Sanford may sustain on account of the failure of the Principal to perform
in accordance with the developments plans and plans and specifications with the time
therein specified then this obligation to be void; otherwise to be and remain in full force
and virtue.
The Surety unconditionally covenants and agrees that if the Principal fails to
perform all or any part of the construction work required by the developments plans and
specifications above referred to, within the time specified, the Surety upon forty-five (45)
days written notice from the City of Sanford, or its authorized agent or officer, of the
default, will forthwith perform and complete the aforesaid construction work and pay the
Performance Bond
Page 1
cost thereof, including, but not limited to engineering, legal and contingent costs. Should
the Surety fail or refuse to perform and complete the said improvements, 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.
The Principal and the Surety further jointly and severally agree that the City of
Sanford, and its option, shall have the right to construct or, pursuant to public
advertisement and receipt of bids, cause to be constructed the aforesaid improvements
in case the Principal should fail or refuse to do so. In the event the City of Sanford should
exercise and give effect to such right, the Principal and the Surety shall be jointly and
severally liable hereunder to reimburse the City of Sanford the total cost thereof,
including, but not limited to, engineering, legal and contingent costs, together with any
damages, either direct or consequential, which may be sustained on account of the failure
of the Principal to carry out and execute all the provision of said agreement.
IN WITNESS WHEREOF, the Principal and the Surety have executed these
presents this the 9th day of May, 2024.
D.R. Horton, Inc. (SEAL)
Address:
10192 Dowden Rd, Orlando, FL 32832 )I
BY:
Its 4//""
(If corporation)
Attest:
Philadelphia Indemnity Insurance Company
(If corporation)
Noah William Pierce, Attorney -In -Fact
(Attached Surety Power of
tid •n�..nw� O
Performance Bond
Page 2
Bond No.: PB00561200158
"
Attest
City of Sanford, Florida
-T,repi Ho hi , City Cie Art Wood
torr use "ity
i nce tFie�
Sanforommission only.
Approved as to form and legality.
William L. Colbert, City Attorney
Performance Bond
Page 3
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and
existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Noah William Pierce, Catherine Thompson, Amy R. Waugh,
Jynell Marie Whitehead, Kyle Williams. & Bryan M. Caneschi of Willis of NC. Inc. of the City of Charlotte in the State of North Carolina, its true and lawful
Attorney-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature
thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed 550,000,000.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of
PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14" of November, 2016.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the
Company: (1) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute
on behalf of the Company bonds and undertakings, contracts of indemnity and other
writings obligatory in the nature thereof and to attach the seal of the Company thereto; and
(2) to remove, at any time, any such Attomey-in-Fact and revoke the authority given. And,
be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any
such Power of Attorney or certificate relating thereto by facsimile, and any such Power of
Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid
and binding upon the Company in the future with respect to any bond or undertaking to
which it is attached.
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS
CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021.
- 1927
(Seal)d"�
Joh Glornb. President & CEO
Philadelphia Indemnity Insurance Company
On this 51 day of March, 2021 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he
is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the
Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed.
Commonwealth of Pennsylvania - Notary Seal
Vanessa Mckenzle, Notary Public
Montgomery County
My commission expires November 3, 2024
Commission number 1366394
hlemoer, Pannsylva^:q Association of Notaries
Notary Public:
residing at: Bala Cynwyd, PA
My commission expires: November 3, 2024
I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of
Directors and the Power of Attorney issued pursuant thereto on the 5' day March, 2021 are true and correct and are still in full force and effect. I do further certify that
John Glomb, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of
PHILADELPHIA INDEMNITY INSURANCE COMPANY.
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 9th day of May, 2024 2W.
1927 Edward Sayago, Corporate Secretary
PHILADELPHIA INDEMNITY INSURANCE COMPANY
e 0
01 =1 61k,
MOORHEAD & STOKES, LLC
March 26, 2024
City of Sanford
Prince Bates, P.E., Planning Engineer
300 North Park
Sanford, Florida 32771-1244
RE: Sylvestri Estates Phase 3
(aka Concord Ph 2) SDP21-000015
Dear Prince:
The attached costs are for the 2nd lift of asphalt which is being deferred until home construction
for Sylvestri Estates Phase 3:
PAVING TOTAL $116,770.48
110% $128,447.53
If you have any questions please feel free to contact our office.
Sincerely,
Digitally signed
by Chadwyck H
Moorhead
•W�
Date:
15:05:16 -04'00'
P.E. No 61781
CHM/LS/ja
hAdeta1210351Construction AdminlCost Estimates & Cost CertiricationslCost-certiUcaUon- City 3 26 24
431 E. Horatio Avenue I Suite 260 1 Maitland, FL 32751 1407-629-8330
7M JONM HALL
COMPANY
Florido's Prrmicr Site Developer
1400 Martin Luther King Jr. Blvd.
Sanford, FL 32771
P; 407-215-0410 F: 407-813-2280
www.jonmhallcompany.com
To:
Address:
DR Horton Orlando East
10192 Dowden Road
Orlando, FL 32832
Contact:
Phone:
Fax:
Lou Avelli
407-850-5245
N/A
Project Name:
Project Location:
Concord Phase 3 - 2nd Lift Asphalt (Owner's Bond App. Budget)
E. Lake Mary Blvd, Sanford, FL
Bid Number:
Bid Date:
23024
3/22/2024
Item Description
Estimated Quantity Unit
Unit Price Total Price
05 I PAVING
1" SP -9.5 Asphalt (2 Lift) 10,324.00 SY $11.02 $113,770.48
Permanent Striping 1.00 LS $3,000.00 $3,000.00
Total Price for above 05 1 PAVING Items: $116,770.48
Total Bid Price: $116,770.48
Notes:
• Paving On Site:
1. The pricing for line items shown are per the original prject contract.
2. The actual date for completing the scopes (final lift of asphalt and thermo striping) is currently unknown.
3. When a date for comoletinq the scope is determine, the scope will be revised accordingly to reflect current Dricinq.
Payment Terms:
Payment terms are net 30 days. Overdue amounts will collect interest at 18% APR. Customer agrees to pay any attorney fees associated with
collecting unpaid amounts.
ACCEPTED:
The above prices, specifications and conditions are satisfactory and
are hereby accepted.
Buyer:
Signature:
Date of Acceptance:
CONFIRMED:
Jon M. Hall Company
Authorized Signature:
Estimator: Tony Jolis
407-215-0410 tjolis@jonmhallcompany.com
3/22/2024 9:23:55 AM Page 1 of 1
CITY OF
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' PUBLIC WORKS & UTILITIES
DEPARTMENT
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PUBLIC WORKS ADMINISTRATION �L
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TRANSMITT'AL MEMORANDUM
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To: City Clerk
RE: Request for Services
The item(s) noted below is/are attached and forwarded to your office for the following action(s):
F-1 Development Order ® Mayor's signature
❑
Final Plat (Original Mylars)
❑
Recording
❑
Letter of Credit
❑
Rendering
®
Maintenance Bond
®
Safe keeping (Vault)
❑
Ordinance
❑
® Performance Bond
❑ Resolution
Once completed, please:
❑ Return original
❑ Return paper copy
® Return PDF copy
Special Instructions:
Please find attached the three year maintenance bond, provided to the Public Works
Department, for roadway maintenance within a new phase of the Concorde Subdivision (fka
Sylvestri Estates) for roadways intended to be turned over to the City for the use of the Public. I
have also included the Performance Bond meant to cover the cost of installing the final lift of
asphalt pavement as approved by the City Administrative Official.xxxxx
Please advise if you have any questions regarding the above.
Thank you!
"13� -0�- 5 -2z -202k
Michael C h Date