HomeMy WebLinkAbout2644 Habitat for Humanity - 700 Sarita AvePERFORMANCE BOND (Tree Mitigation)
KNOW ALL MEN BY THESE PRESENTS:
GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2025106991 13k:10923 Pg:1114-1117(4Pgs)
REC: 10/28/2025 2:43:44 PM by pkirkland
RECORDING FEES $35.50
Bond No. 101636553
Permit # - SDP25-000033
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
(the "City"), in the full and just sum of $217,500.00 (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 a development at 700 Sarita Avenue. Sanford, Florida 32771 (the
Development"), and, as a condition of issuing such permit, the City has asked Principal
to pay the Maximum Amount as tree recompense 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 recompense for the
Development on or before March 31, 2026, the Surety upon 30 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.
Performance Bond
Page 1
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IN WITNESS WHEREOF, the Principal and the Surety have executed these
presents this the 18th day of September, 2025.
Address:
251 Maitland Ave. #312
Altamonte Sr)rinas, FL 32701
Address-
_ PO Box 14498
Des Moines, IA
50306-3498
Bond No:101636553
Attest:
Traci Houchin, City Clerk
For use and reliance of the
Sanford City Commission only.
Principal:
Habitat for Humanitv in Seminole
County and Greater Apopka, FL, I
Company
By: I��
Name:
Title: CL__�
SEAL)
Surety:
Merchan
ts Bond in �oom an Mutual
By: _' "" (SEAL)
Name:W. Reich
Title: Attorney -In -Fact & FL Licensed=
Resident Agent, (407) 786-7770
City of Sanford, Flo�da
� �0[Q) �rt Woodruff, Mayor
cI ,
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Performance Bond
Page 2
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, City Attorney
Approved as to form and legality.
Performance Bond
Page 3
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MERCHANTS
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 Attomey(s�in-Fact, to sign its name as surety(iss) 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-Attomey 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 April 27, 2024 and adopted by the Board of
Directors of Merchants National Bonding, Inc., on October 16, 2015 and amended on April 27, 2024.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and
authority to appoint Attomeys-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
Attomey-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 24th day of March - 2025
•P�10 NqZ "I
GOEtPO�gq•e0-.
�Q= -o- c':o:
2003
• • ,\O C04f "•
a' 1933 c;
STATE OF IOWA i7 •••, •.•
COUNTY OF DALLAS ss.
On this 24th day of March 2025 , 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.
PyJA4&�, Penni Miller
Zv Commission Number 787952
• My Commission Expires
)OWN January 20, 2027 Notary Public
(Expiration of notary's commission does not invalidate this instrument)
1, Elisabeth Sandersfeld, 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 day of St.t 20?5
2 -o- c Z d:, 1933 o c; secretary
v 2003 :.
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;d3 • ��•• �....• ��•as .
POA 0018 (6/24) """
MERCHANTS BONDING COMPANY (MUTUAL)
MERCHANTS NATIONAL BONDING, INC.
d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY
By
President