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HomeMy WebLinkAbout2575 Habitat for Humanity - Seminole Co (perf bond)FLORIDA SURETY BONDS, INC.620 N. �v>more Road, Suite 2(X) Maitland, FL 32751 407-786-7770 Fax 407-786-7766 888 -786 -BOND (2663) Fax 888 -718 -BOND (2663) Jwww. FloridaSuretyBonds.com ****ATTENTION**** This bond remains in force and effect, and premium will be billed annually, until a written release has been provided by the Obligee. The renewal is mandatory. The release should indicate that the work under the permit/agreement has been completed, inspected and accepted, and the bond is hereby released from all past, present and future liability. The release may be in the form of a letter on the Obligee's letterhead and should reference the bond number. This is considered a hazardous bond because it could require you to do improvements whether or not you get paid by the owner of your project. If the owner chooses not to proceed with this project for any reason, you may still be liable to complete these improvements. So, be careful. If you have questions, please feel free to give us a call. Sincerely, The FSB Team Bond No. 101192469 Executed in 2 Counterparts PERFORMANCE BOND (Roads) KNOW ALL MEN BY THESE PRESENTS: That we, Habitat for Humanity in Seminole County and Greater Apopka, FL, Inc., hereinafter called the Principal, and Merchants Bonding Company (Mutual), 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 $77,178.64, 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 Leadership Lane, ROW24-000103, 1209 20th Street, Sanford, FL 32771 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 20th day of July , 20 23 , 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 20th day of July-, 20 23 , 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 cost thereof, including, but not limited to engineering, legal and contingent costs. Should Performance Bond Page 1 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 21st day of June 2Q24. Habitat for Humanity in Seminole County and Greater Ap? a, FL, Inc. (SEAL) i Address: 1100 Americana Boulevard, Sanford, FL 32773 y: Its � (If corporation),/ Merchants B,ondigo Como Mutual) Attest: J �ts Jeffrey eich", Attorney -In -Fact & FL Licensed Resident Agent. - (If corporation) (CORPORATE SEAL) *Inquiries: 407-786-7770 (Attached Surety Power of Attorney) Performance Bond Page 2 Bond No.: 101192469 Attest City of Sanford, Florida fit,f Traci Houchin, City Clerk _ Art Wo druff, Ma For use and reliance of the Sanford City Commission only. Approved as to form and legality. 4. Oabert,,CityAtttorney l�— &/I Performance Bond Page 3 ME RC HAIL BONDING COMPANY POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Cheryl A Foley; Emily J Golecki; Jeffrey W Reich; Kim E Niv; Lisa A Roseland; Nathan K Reich; Robert P OLinn; Sarah K OLinn; Sonja Amanda Floree Harris; Susan L Reich; Teresa L Durham their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 3rd day of February 2024 - .•. • • . MERCHANTS BONDING COMPANY (MUTUAL) •••.�P(1oNq�'• •�O�NG CQ�A�• MERCHANTS NATIONAL BONDING, INC. :.CJG�(zP0/�q�� • y0(�P09�Agy� • d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY 2003 1933 �•"cz- By �'.,�. Via•.` •'. •.A: •'•`,\••• President STATE OF IOWA ��.' �•.••����.• COUNTY OF DALLAS ss. '•""'' On this 3rd day of February 2024 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. IA4S� Penni Miller , Z • "P Commission Number 787952 1 • • My Commission Expires - ,4 IOWA Januar 20, 2027 \ ' January _ NotaryBibl (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 21st day of June 2024 o�poR • :•�o: 9�' o�'RPOR A9•: C* Gi/ �� _a :2 -o- G:�-:=". o E=:—Z. 2003 : �; y 1933 c; Secretary POA 0018 (1/24) •�••'"""'���� CIT S.,kNFORD YOF PLANNING & DEVELOPMENT SERVICES DEPARTMENT 1,0e City Clerk RE: Request for Services The item(s) noted below is/are attached and forwarded to your office for the following action(s) ❑ ❑ Development Order Final Plat (original mylars) Mayor's signature ❑ Letter of Credit ❑ ❑ Recording Renderincyg ❑ Maintenance Bond Ordinance � Safi keeping (Vault) Performance Bond ''n t Resolution q Once completed, please: ❑ Return original ❑ Return copy EJ Special Instructions: L Please advise if you have any questions regarding the above. Thardc you! Front TADep! formsUransmittal form OU i4o,(r Irank- 30 202 L-/ Date