HomeMy WebLinkAbout2633 (also see maint bonds) MB 261 Cameron Preserve Phase II - KB HomesBond No: 024284572
WATER, REUSE AND WASTEWATER UTILITIES
MAINTENANCE (MATERIALS AND WORKMANSHIP WARRANTY) BOND
DO NOT MAKE CHANGES TO THIS FORM. Bonding company must be listed in the
Federal Register (Department of Treasury Circular 570).
KNOW ALL MEN BY THESE PRESENTS, THAT KB Home Orlando LLC of
, 9102 Southpark Center Loop, 3110, Orlando, FL 32819. referred to as the DEVELOPER and
Blue Ox Enterprises, LLC Of 500 North Way, Sanford; FL 32773 referred to as the CONTRACTOR and
of 175 Berkeley St., Boston, MA 02116 hereinafter called the SURETY, are held and firmly bound unto
the City of Sanford, a political subdivision of the State of Florida, hereafter called the
CITY, whose address is 300 North Park Avenue, Sanford, Florida 32771, in the full and
just sum of $77,925.66 DOLLARS, lawful money of the United States
of America, to the payment of which sum, well and truly to be made, the DEVELOPER,
CONTRACTOR, AND SURETY bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
" Liberty Mutual Insurance Company
WHEREAS, the DEVELOPER caused the CONTRACTOR to install certain water,
reuse and wastewater utilities, and/or other related improvements in or around the CITY,
known and identified as follows: Cameron Preserve Phase 2
with the approval of the CITY under the provisions, conditions, and requirements of the
development plan approval granted the 15th day of November, 2023
by the CITY.
WHEREAS, the DEVELOPER and CONTRACTOR are obligated to protect the
City against any defects resulting from faulty materials or workmanship of said
improvements and to maintain said improvements for a period of three (3) years from the
day of May 1st 2025 .
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that if
the DEVELOPER or CONTRACTOR shall promptly and faithfully protect the CITY against
any defects, correct all defects in the aforesaid improvements, maintain the aforesaid
improvements and fully indemnify the CITY for all loss the CITY may sustain by reason
of any defect in materials, construction or failure on the part of the DEVELOPER or
CONTRACTOR to fully maintain said improvements, including but not limited to the water,
reuse and wastewater utilities, for a period of three (3) years from the date of issuance of
the Certificate of Completion by the CITY, which shall be the 1st day of May ,2025
and the DEVELOPER pays any and all costs and expenses incidental to the performance
of any work required to be performed hereunder, then this obligation shall be void;
otherwise to remain in full force and effect.
THE CITY shall notify the DEVELOPER or CONTRACTOR in writing of any
defects for which the DEVELOPER and CONTRACTOR are responsible and shall specify
in said notice a reasonable period of time which DEVELOPER or CONTRACTOR shall
have to correct said defects.
THE SURETY unconditionally covenants and agrees that if the DEVELOPER or
GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2025084602 Bk:10887 Pg:119_123(5Pgs) 39e 1 Of 3
REC: 08/27/2025 9:32:06 AM by dpeterson
RECORDING FEES $44.00
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CONTRACTOR fails to perform, within the time specified by the City, the SURETY, upon
thirty (30) days written notice from the CITY, or its authorized agent or officer, of default,
will forthwith correct such defect or defects and pay the cost thereof, including, but not
limited to engineering, legal, and contingent costs.
FURTHERMORE, should the SURETY fail or refuse to correct said defect or
defects, the CITY in view of the public interest, health, safety, welfare, and other factors
involved, and the consideration in approving said development plans, shall have the right
to resort to any and all legal remedies against the DEVELOPER, CONTRACTOR, and
SURETY, either individually or together, both at law and in equity, including specifically,
specific Derformance to which the DEVELOPER, CONTRACTOR, and SURETY
unconditionally agree.
THE DEVELOPER, CONTRACTOR, AND SURETY further jointly and severally
agree that the CITY at its option, shall have the right to correct said defect or defects
resulting from faulty materials or workmanship, or pursuant to public advertisement and
receipt of bids, cause to be corrected said defect or defects in case the DEVELOPER or
CONTRACTOR shall fail or refuse to do so, and in the event the CITY should exercise
and give effect to such right, the DEVELOPER, CONTRACTOR, and SURETY shall be
jointly and severally responsible hereunder to reimburse the CITY the total cost thereof,
including, but not limited to, engineering, legal, and contingent cost, together with any
damages, either direct or indirect, which may be sustained on account of the failure of the
DEVELOPER, CONTRACTOR, or SURETY to correct said defects.
THE DEVELOPER, CONTRACTOR, AND SURETY hereby waive notice of any
and all modifications, omissions, additions, changes and in or about CITY ordinances, the
CITY's technical specifications and design criteria for utility work and improvements and,
further, agree that the obligations undertaken by this Bond shall not be impaired in any
manner by reason of any modifications, omissions, additions, changes, and advance
payments or deferred payments; PROVIDED, HOWEVER, that the obligation of the
SURETY shall be limited to the penal sum herein as well as the costs set forth in the
following sentences of this paragraph. The Parties further expressly agree that any action
on this Bond shall be brought in Seminole County Circuit Court and governed by Florida
law and may be brought within the time allowed for suits on contracts for payment of
money. The City shall be entitled to all its costs and expenses, including attorneys' fees,
incurred in the enforcement of SURETY's obligations under this Agreement.
IN WITNESS WHEREOF, the DEVELOPER, CONTRACTOR, and SURETY have
executed these presents this 6th day of May 2025
ADDRESS:
(SEAL)
9102 Southpark Center Loop, #100 DEVELOP R _
Orlando, FL 32819 BY:
ITS: (Vs. s�
(IF A CORPORATION)
ATTEST: o
W; kAc
Page 2 of 3
KB Home Orlando LLC
ADDRESS: Blue Ox Enterprises, LLC (SEAL)
500 North Way, Sanford, FL 32773 CONTRACTOR
BY:
ITS:
(IF A CORPORATION)
ATTEST: _
ITS:
ADDRESS: Liberty Mutual Insurance Company (SEAL)
175 Berkeley Street SUREP
Boston, MA02116 i��� V�j.
BY: \
ITS: ATTORNEY -IN- ACT Kathy R. Mair
ATTEST:
ITS: Sallv Maliska. fitness
Attest
Traci Houchin, City Clerk
For use and reliance of the Sanford
City Commission only.
Approved as to form and legality.
4A/
ity Attorney
v���
Page 3 of 3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Orange )
MAY - b 2025
On before me, Marie Claire Trinidad, Notary Public
DATE [Name of Notary Public and Title "Notary Public"]
personally appeared KathyR. Mair--------------------------------------,
[Name(s) of Signer(s)]
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
MARIE CLAIRE TRINIDAD
COMM. #2497215 z
W
Notary Public . California �Orange County
Comm. Exores Aua. 11, 2o28
Place Notary Seal Above
WITNESS my hand and official seal.
OPTIONAL
Signature of_Dlotary Public, Marie Claire Trinidad
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Kathy R. Mair
Signer's Name:
❑ Corporate Officer — Title(s):
❑
Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑
Partner — ❑ Limited ❑ General
❑ Individual ® Attorney -in -Fact
❑
Individual ❑ Attorney -in -Fact
❑ Trustee ❑ Guardian or Conservator
❑
Trustee ❑ Guardian or Conservator
❑ Other:
❑
Other:
Signer Is Representing:
Signer is Representing:
Liberty POWER OF ATTORNEY
Mutual. Liberty Mutual Insurance Company
SURETY The Ohio Casualty Insurance Company
West American Insurance Company
Certificate No: 8213111- 024017
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana (herein collectively called the "Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Tenzer V.
Cunningham, Morgan Davis, Sokha Evans, Martha Gonzales, My Hua, Mechelle Larkin, Kathy R. Mair, Jeffrey Strassner, Marie Claire "Trinidad, Brenda Wong
all of the city of Los Aneetes state of CA each individually if there be more than one named, its true and lawful attomey-in-fact to make,
execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 10th day of February , 2025
Liberty Mutual Insurance Company
INsupp__ V11 INS& 1NSURq The Ohio Casualty Insurance Company
j ?°o0.POR+ro1p� Q 3°oaPO�r`" c+ �P?o�O�roy� West American Insurance Company
1912 0 0 1919 2 1991 0 `L//J
rdj)g 9�CH�,-dD hAMP`�aa 'e �Vo1ANP -Ab B / "� C
Y� � a
l c`a Nathan J. Zangerle, Assistant Secretary }
M State of PENNSYLVANIA —
u :3 County of MONTGOMERY o
3 On this 10th day of February 2025 before me personally appeared Nathan J. Zangerle, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance c� a
is Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes c r
v> therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. Q v
o �COL C
014 WF `;< . commonwealth of Pennsylvania - Notary Seal ]�
1) 0 p 9f i t Teresa PasteIla, Notary Public "R
Montgomery County E
4: of My commission expires March 28, 2029 By • 0 Q
P Commission number 1126044
p "i X, Member, Pennsylvania Axwciatbn of Notaries Teresa Pastella, Notary Public Q C
0 N Alf- 0 d
4? This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual 31
•E— Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: 0 CN
�? ARTICLE IV —OFFICERS: Section 12. Power of Attorney. «
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President v
a may prescribe, shall appoint such attom s-in-fact, as ma be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as sure an and all c rr
Y P PPa eY Y ry rW9 h Y co =
undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full -0
L power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall 0 a
� be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this n
article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ti c
ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Nathan J. Zangerle, Assistant Secretary to appoint such
attomeys-in-fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and
other surety obligations.
Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
1, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 6th day of May , 2025 .
P� 1NSUp_ P''11 INS& � %Hs1J
AJ o°�or9yC� hJ G°RPONr qy �Po°�O�r ti[+
a o� c3 Fon Fore
1912 0 0 1919 2 1991
Y fy C" i y �`' By:
dj1 �ACHUS� .aa O NA up da �s �MDfAMP ,aa Renee C. Llewellyn, Assistant Secretary
LMS-12873 LMIC OCIC WAIC Multi Co 02124