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Home My WebLink About2593 Park View Place Phase 2 - Toll Southeast (Perf Bond)J/q1�) CITY OF SANFORD DEVELOPMENT ACTIVITIES PERFORMANCE BOND 0 KNOW ALL MEN BY THESE PRESENTS, that we, Toll Southeast LLP Inc., as Principal, and Toll Brothers, as Surety, are held and firmly bound unto the CITY OF SANFORD, FLORIDA, a Florida municipality, whose mailing address is City Hall, 300 North Park Avenue, Sanford, Florida 32771, as Obligee, in the penal sum of TWENTY -THOUSAND ONE HUNDRED AND SEVENTY SIX AND 80/100THS Dollars ($20,176.80), lawful money of the United States of America, for the payment of which well and truly be made, we do bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly bythese presents. WHEREAS, Toll Southeast LLP, Inc., the Principal, is a corporation, is the record title owner of certain land described in that Parkview Phase 2 Parcel I.D. # 03-20-31-5AY-0000- 057A, 05713, 64 plat to be recorded in the Official Records Book of the Public Records of Seminole County, Florida; and WHEREAS, the City of Sanford have issued authority to the Principal to develop and construct a subdivision known as Park View Place Phase 2 Subdivision including but not necessarily limited to the following development approvals ("Certificate of Completion of Sitework"): Decorative Detention Pond Fountain WHEREAS, the Principal requested that the City of Sanford approve the final approval of the Park View Place Phase 2 Subdivision prior to the completion of all improvements that are required by the Development Approvals as shown and depicted on the Subdivision Improvement Plan which is on file with the city attached hereto and made a part of this Performance Bond. WHEREAS, as a condition to obtaining the final approval of the Park View Place Subdivision Certificate of Completion for Sitework approval by the City of Sanford, the Principal is required in accordance with the City's Land Development Regulations to provide a performance bond in favor of the Obligee in an amount that is one hundred and twenty percent (120%) of the total estimated cost of the Park View Place Decorative Detention Pond Fountain. NOW, THEREFORE, THE CONDITION OF THE OBLIGATION IS SUCH, that if the Principal shall construct, or cause to have constructed, the Park View Place Phase 2 Subdivision Decorative Detention Pond Fountain improvements described herein and if all required fees have been paid to Obligee and if all provisions, specifications, standards and other regulations currently in effect have been complied with and shall save the Obligee harmless from any loss, cost or damage by reason of its failure to complete the said improvements and associated obligations, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Principal shall obligation shall be null and void; otherwise it shall remain in full force and effect. The Principal shall contact the Obligee for an inspection of the work site relating to the improvements not more than thirty (30) days prior to the one (1) year after acceptance by the Obligee. If such inspection disclosed no failures or unaccomplished obligations, then this Bond shall be released; otherwise it shall remain in full force and effect. WITH REGARD TO DEFAULT, the Principal and Suretyjointly and severally understand, in the event the Principal fails or refuses to complete the obligations required by the Development Approvals and this Bond, the Obligee has the right to: (1) demand that the Surety promptly remedy the default; or (2) demand payment by the Surety of the amount due to the Obligee up to the face amount of the Bond by letter signed by the City Manager, or designee, stating that the Principal has defaulted on obligations to the Obligee and this Bond, which obligations were a condition of approval; or (3) institute an immediate suit against the Surety to recover the full amount of this Bond for the purposes of completing the obligations set forth herein. NOTICE TO THE OBLIGEE that this Bond will expire prior to performance of the Principal's obligations shall be deemed a default. Notices under this Bond shall be directed to the City Manager at the City Hall of the City of Sanford. Notices to the Principal and Surety shall be to their mailing addresses as set forth in the records of the Florida Department of State or the best available information available to the City of Sanford as determined by the City of Sanford. THE PRINCIPAL AND THE SURETY jointly and severally understand that failure to complete the obligations due to the Obligee and this Bond in accordance with any time periods set forth in the Development Approvals or herein, or at the latest, to commence or recommence completion of the obligations within thirty (30) days after written notice by the Obligee to do so, shall be deemed to be a failure or refusal to complete such obligations. THE PRINCIPAL AND THE SURETY also understand that in the event the Obligee elects to institute suit against the Surety and the funds recovered thereby prove insufficient to complete the obligations required by the this Bond, the Principal shall be liable hereunder to pay the Obligee, any sums required to complete the obligations hereunder including, but not limited to, legal and contingent costs, together with any damages, direct or consequential, which the Obligee may sustain because of the Principal's failure to comply with all of the requirements hereof. THIS BOND SHALL BE KEPT IN FULL FORCE AND EFFECT by the Principal and surety at all times until released by the Obligee. In the event of any material change, cancellation, expiration or non- payment of premiums, the Surety shall notify the City by certified mail or registered mail, return receipt requested, at least thirty (30) days prior to the effective date of the change, cancellation, or expiration of this Bond. Notice to the Obligee that this Bond will expire prior to performance of the Principal's obligations shall be deemed a default. ATTEST.' PRINCIPAL Signature d� Printed Name: Mark McIntosh Printed Title: VP of Land Development ACKNOWLEDGEMENT �' N`-/,- Signature O /� Printed Name: Mark McIntosh Printed Title: VP of Land Development Date: 1 alzzl'ZI Toll Brothers has provided a check to the City of Sanford for $20,176.80 as a deposit for a pond fountain for Skyway Landing (aka Parkview phase 2). The city shall hold the check untilthe pond fountain has been installed and inspected. Once the city has approved the installation of the pond fountain, the city will return the check to Toll Brothers. HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared NAME { }who is personally known to me or" who produced DL as identification and s/he acknowledged before me that s/he executed the same. Sworn and subscribed before me, by said person by means of { } physical presence or { }online notarization on the day of0t� 24the said person did take an oath and was first duly sworn by me, on oath, said person, further, deposing and saying that s/he has read the foregoing and that the statements and allegations contained herein are true and correct. It is intended that the Notary Public to this instrument be an additional witness. WITNESS my hand and official seal in the County and State last aforesaid this30day of 0(40V0' 202 Ll Notary Pu�-atef Florida (Affix Notarial Seal) Printed Name: Aj'(��w My Commission Expires ;;r`•'"��` GIULIANAPIERAS '* Commission # HH 309751 -'��t Expires October 21, 2026 PERFORMANCE BOND ACCEPTED BY THE CITY ATTEST.' Traci Houchin, MMC, FCRM CITY OF SANFORD: Eileen Hinson, AICP City Clerk Director of Planning/Administrative Official (Under Delegated Authority) Date: , I L-4� Approved as to form and legal sufficiency. William L. Colbert, Esquire City Attorney 0 I L Company #: 10001 Toll Bros., Inc. (215) 938-8000 Daily Batches Vendor #: 202546 CITY OF SANFORD Check Number: Check Date: I 00615866 10/29/2024 s Net Amount s Invoice Number Invoice Retained Discount Date Description Gross Amount Amount Amount Ne PONDSEC7682 10/24/2024 20176.80 20,176.80 Total $20,176.80 1011 Bros. Inc Wells Fargo Bank, N.A. Check Number 00615866 62-22/311 Daily Batches 1753 Pinacle Drive 1140 Virginia Drive 5th Floor Fort Washington PA 19034 Vendor No. 202546 Check Date 10/29/24 (215) 938-8000 $""*20,176.80 INVALID SIX MONTHS AFTER DATE ISSUE " PAY Twenty Thousand One Hundred Seventy Six And 80/100'= TO THE CITY OF SANFORD ORDER OF 300 N. PARK AVENUE SANFORD FL 32771 II'006L586611■ 1:0314002251: 801749019711' *See Reverse Side For Easy Opening Instructions* Toll Bros., Inc. 1140 Virginia Drive Fort Washington PA 19034 CITY OF SANFORD 300 N. PARK AVENUE SANFORD FL 32771 M I 01DCITY OF SkNFORD FLORIDA c� PLANNING & ZONING z TRANSMITTAL MEMORANDUM To: �'I�� C,�E�IC RE: Request for Services The item(s) noted below is/are attached and forwarded to your office for the following action(s): ❑ Development Order ❑ Mayor's signature ❑ Final Plat (original mylars) ❑ Recording ❑ Letter of Credit ❑ Rendering ❑ Maintenance Bond Safe keeping (Vault) ❑ Ordinance City Attorney's Signature Performance Bond —0:64-} 51Qn Resolution 1 J fo 17Ak V f &O 1) tPA Once completed, please: ❑ Return original ❑ Return copy Special Instructions: 7�M +- the vrwlb J iii�7rinlYx L� &�PA.k j"1I1s beer) or-ov Tl�,4.� 4 -o -i I ►1axV P. I Please advise if you have any questions regarding the above. Thank you! 61.0 IlAnne);w"I I).05•202-� rom Date