1135-Celery Estates NorthCERTIFICATE OF COMPLETION
THIS IS TO CERTIFY THAT THE INFRASTRUCTURE FOR THE DEVELOPMENT OF:
Celery Estates North
CONSTRUCTED BY: Blue Ox Land Services
BUSINESS ADDRESS: PO BOX 520986 Longwood Florida 32752
HAS BEEN COMPLETED IN ACCORDANCE WITH THE APPROVED ENGINEERING
DOCUMENTS IN A FORM AND MANNER ACCEPTABLE BY THE CITY OF SANFORD,
FLORIDA.
CONTRACTOR: Lennar Homes
BUSINESS ADDRESS: 101 South Hall Lane Suite 450 Maitland, Florida 32751
RECEIVED:
YES NO NA
X _ MAINTENANCE BONDS OF $ $151,834.84 (private roads & drng)
$135,699.60 (pubic water & sewer)
X _ RECORD DRAWINGS
X _ _ EASEMENTS/DEDICATIONS (Shown on plat)
X _ PLAT
X _ ENGINEER'S CERTIFICATE
X HOA DOCUMENTS
APPROVED:
UTILITIES
PUBLIC WORKS
M r t
s!r
1
ADMINNTRATIVE OFFICIAL
DATE
`l 2 I �)- Y
DATE
/ / (D C'
DATE
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SUBDIVISION AND SITE PLAN
PRIVATE ROAD MAINTENANCE AGREEMENT
(For use with Letter of Credit)
THIS AGREEMENT is made and entered into this — day of
200 w , between 04Le A y 4.*.v G . L • C - , hereinaffer referred to
as "PRINCIPAL" and the Homeowner's
Association of CLrC,f—r4 Ea Ine-S subdivision, (hereinafter referred to
as the "BENEFICIARY ") of, if none, the CITY OF SANFORD, a municipality of the State of
Florida (hereinafter referred to as the "HOLDER "), on behalf of all purchasers of lots within
cy ,�s subdivision.
WITNESSETH:
WHEREAS, PRINCIPAL has constructed certain road improvements, including streets,
curbs, storm drains and other appurtenances in that certain subdivision described as
r 9Ie, ,- = A - OAe s , a Plat of which is recorded in Plat Book - / Pages
3 (F - Ll 1 5 Public Records of Seminole County, Florida; and
WHEREAS, PRINCIPAL is obligated to protect the BENEFICIARY against any defects
resulting from faulty materials or workmanship of said road improvements and to maintain said road
improvements for a period of three (3) from f k /V , 200 {o; and
WHEREAS, to guarantee performance of said obligations by PRINCIPAL, PRINCIPAL has
obtained and furnished to the BENEFICIARY or to the HOLDER on behalf of the owners of lots
within the subdivision (hereinafter referred to as LOT OWNERS) a'certain Irrevocable Letter of
Credit No. POO 55 issued by yST , in
the sum of & - e 46iff w pfi , t/6 DOLLARS ($
/57, dy ) .
NOW THEREFORE, the BENEFICIARY or the HOLDER on behalf of the LOT
OWNERS, agrees to accept an Irrevocable Letter of Credit as security for the maintenance obligation
of the PRINCIPAL.
PRINCIPAL, its heirs, executors, successors and assigns, jointly and severally agrees to be
held and firmly bound to the BENEFICIARY or to ODE n behalf of the LO OWNERS
in the sum ofo cs� f <rr-E 7�tova.+.,oNcrrr«�m� LL S ($ on the
condition that, if PRINCIPAL shall promptly and faithfully protect the BENEFICIARY or LOT
OWNERS against any defects resulting from faulty materials or workmanship of the aforesaid road
improvements and maintain said road improvements for a period of three (3) years from
rsi 6lff , 200A then this obligation shall be null and void, otherwise it shall remain
in force and effect.
The BENEFICIARY/HOLDER, or LOT OWNER shall notify the PRINCIPAL in writing
'A— ,x
of any defect for which the PRINCIPAL is responsible and shall specify in said notice a reasonable
period of time within which PRINCIPAL shall have to correct said defect.
Should the PRINCIPAL fail or refuse to perform or correct said defects within the time
specified, the BENEFICIARY /LOT OWNERS (which shall include, but not be limited to, any
individual lot owner in G414e - subdivision) shall be authorized, but shall not
be obligated, to take over and perform, or cause to be performed, such work as shall be necessary
to correct such defects, and shall be authorized to draw upon the Letter of Credit to pay the cost
thereof, including, but not limited to, engineering, legal and contingent costs. Further, the
BENEFICIARY/LOT OWNERS (which shall include, but not be limited to, any individual lot owner
in G��►�y subdivision), in view of the public interest, health, safety,
welfare and other factors involved, and the consideration in approving and filing the said Plat shall
have the right to resort to any and all legal remedies against the PRINCIPAL, both at law and in
equity including, specifically, specific performance, to which the PRINCIPAL unconditionally
agrees.
The PRINCIPAL further agrees that the BENEFICIARY /LOT OWNERS (which shall
include, but not be limited to, any individual lot owner in subdivision),
at its option, shall have the right to correct said defects resulting from faulty materials or
workmanship, or, pursuant to receipt of bids, cause to be corrected any defects or said defects in case
the PRINCIPAL shall fail or refuse to do so, and, in the event the BENEFICIARY/LOT OWNERS
should exercise and give effect to such right, the PRINCIPAL shall be obligated hereunder to
reimburse the BENEFICIARY (which shall include, but not be limited to, any individual lot owner
in C 4,s7*f2C--5 subdivision) the total cost thereof, including, but not limited
to, engineering, legal and contingent costs, together with any damages, either direct or consequent,
which may be sustained on account of the failure of the PRINCIPAL to correct said defects.
(This Agreement and all rights hereunder may be assigned by the HOLDER to the
Homeowner's Association of CK-L 15 S subdivision or to the
individual lot owners of f subdivision as the case may be.)
IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be
affixed hereto by the proper officers thereof.
BENEFICIARY:
By:
Date: f? -1 �!�
PRINCIPAL:
Signed, sealed and delivered
in the presence of:
By:
f 1'\ 6, A
Date: F-; i w
ATTEST.• HOLDER:
Q Ni& CITY OF SANFORD
an Dougherty, City CIA SEMINOLE COUNTY, FLORIDA
Linda Kilm, Mayor
Date: ko1l0 1 04
10,
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LETTER OF CREDIT NUMBER P003543
IS�UANCE DATE: AUGUST 16, 2O06
APPLTCANT:
CELFRY LAN�. LLC
11O1 N59TH LAKE DESTINY RUAD
M�IlLAND. FL 3�751
BFNEFICIARY:
CITY OF �A�FORD
CITY COMMISSION
30O NORTH PARK AVENUE
SANFORD, FL 327/1
FOR USD 151,834.84
(ONE HUNDRED FIFTY ONE THOUSAND EIGHT HUNDRED THIRTY �UUR 84/1u0
U.S. OOLLARS>
DATE OF EXPIRATION: AUGUST 16, 2OO7
PLACE OF EXPIRATION: AT OUR COUNTERS
FOR MAINTENANCE AGREEMENT-PAVING AND STORM DRAINAGE IMPROVEMENTS
BY ORDER OF CELERY LAND, LLC, WE HEREBY ESTABLISH AN IRREVOCABLE
LETTER OF CREDIT IN YOUR FAVOR. WE HEREBY AUTHORIZE YOU TO DRAW
ON SUNTRUST BANK UP TO AN AGGREGATE AMOUNT OF $151,834.84
AVAILAL
BE BY YOUR D H
RAFTS AT SIGT ACCOMPANIED BY A SIGNED
STATEMENT OF THE CITY OF SANFORD CITY COMMISSIONERS THAT THE
MAINTENANCE AGREEMENT DATED AUGUST 17, 2OO6 BETWEEN CELERY LAND,
LLC AND CITY OF SANFORD IS IN DEFAVLT.
DRAFTS MUST BE DRAWN AND NEGOTZATED ON OR BEFORE AUGUST 16, 2OO7
AND EACH SUCH DRAFT MUST STATE THAT IT IS DRAWN UNDER IRREVOCABLE
LETlER OF CREDIT NO. P003543 OF
SUN BANK DATED AUGUST 16,
2OO6 AND THE AMOUNT THEREOF EN DORSED ON THIS LETTER OF CREDIT.
THE BANK AGREES THAT THIS LETTER OF CREDIT SHALL AUTOMATICALLY
R��EW I�SELF FOR SUCCESSIVE ONE YEAR PERIODS UNLESS THE BANK
SHALL GIVE NOTICE T� YOU NO LATER THAN FORTY FIVE (45> DAYS
PRECEDING AN EXPIRAT ION DATE THAT IT CHOOSES NOT TO RENEW THE
�ETTER OF CREDIT, IN WHICH CASE, THE CITY SHALL BE ENTITLED TO
DEMAND AND RECEIVE THE OUTSTANDING AMOUNT OF MONEY REPRESENTED BY
�HTS LETTER OF CREDIT. IN THE DR
EVENT A R. BASED ON EXPIRATION OF
lHIS LETTER OF CREDIT THE PROCEEDS SHALL BE USED BY CITY OF
SANFORD AS A CASH BOND TO SECURE CONTINUED ADHERENCE TO THE TER�S
OF THE MAINTE�ANCE AGREEMENT WITH CELERY LAND, LLC OBLIGATIONS
THEREUNDER, YOU WILL RETURN THE ORIGINAL LETTER OF CREDIT TO THIS
CONTINUED ON NEXT PAGE
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.-ETTER OF CREDIT NUMBER P0035�3 PAGE NO. 2
BANK MARkED "CANCELLED."
IF THE CITY IF
SANFORD CITY
COMMISSIONERS INITIATES
SUIT UNDER
THIS
LETTER OF
CREDIT, THE
BANK HEREBY
AGREES TO BE
RESPONSIBLE
FOR
CITY OF SANFORD'S
COURT
COSTS
AND
REASONABLE ATTORNEYS'
FEES
NOT
BE RESPONSIBLE
FOR ANY
ATTORNEYS'
BUT
SUNTRUST B ANK
SA LL
H
OF FIFTEEN PERCENT
(15%)
OF THE AGGREGATE
AMOUNT
FEES
IN EXCESS
OF THIS
LETTER
OF CREDIT.
THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF OUR
UNDERTAKING AND SUCH UNDERTAKING SHALL NOT, IN ANY WAY. 8E
AMENDED BY REFERENCE HEREIN TO ANY AGREEMENT, AND ANY SUCH
REFERENCE SHALL NOT BE DEEMED TO INCORPDRATE HEREIN BY REFERENCE
ANY DOCUMENT OR AGREEMENT OTHER THAN THE MAINTENANCE AGREEMENT
DATED AUGUST 17, 2OO6 AND REFERENCED HEREIN.
THIS LETTER OF CREDIT IS ISSUED SUBJECT TO THE INTERNATIONAL
STANDBY PRACTICES 1998 PUBLICATION 59O.
WE HEREBY AGREE WITH YOU THAT ALL DRAFTS DRAWN IN COMPLIANCE WITH
THE TERMS 8F THIS LETTER OF CREDIT WILL BE DULY HONORED UPON
PRESENTATION AND DELIVERY OF THE DOCUMENTS SPECIFIED ABOVE TO THE
BELOW ADDRESS ON OR BEFORE AUGUST 16, 20O7 OR ANY AUTOMATICALLY
EXTENDED DATE.
ALL DOCUMENTS ARE TO BE REMITTED TO:
SUNTRUST BANK, INTERNATIONAL DIVISION
ATTN: LETTER OF CREDIT DEPARTMENT
25 PARK PLACE, 16TH FLOOR, MC 37O6
*TLo�TA, �EORGIA 3�3O3
PLEASE DIRECT ALL INQUIRIES TO:
PHONE: 80D-951-7847 OPTION 3.
SINCERELY,
SIU
JA�� / ((2
�TTEST
(SEAL)
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Dale ToothN
Assistant Vic,°r,si(e'M
�buron�mJv`ew
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L�TT�R OF CREDIT NUMBER P003543
BENEFICIARY:
CIiY OF SANFORD
CITY COMMISSION
3OO NORTH PARK AVENUE
SANFDRD, FL 32771
DEAR SIR OR MADA�
PLEASE FIND ATTACHED THE ORIGTNAL LETTER �� ��Iui |.
IN YOUR FAVOR.
PLEASE DIRECT ALL INQUIRIES TO:
SUNTRUST BANK
ATTN: STANDBY LETTER OF CREDIT DEPARTMENT
25 PARK PLACE, 16TH FLOOR, MC 37O6
A|LANTA, GEORGIA 3D3u3
PHONE: 8OO-951-7847 OPTION �.
SINCERELY,
SUNTRUST BANK
1O5
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SuN TRusT -
LETTER OF CREDIT NUMBER P0035��
ISS�ANCE DATE: AUGUST 16, 20O6
APPLICANT:
CEiEkr LAND, LLC
11�1 �ORTH LAKE DESTINY ROA�
SUITE 475
|`�*ITLAND, FL 32751
b�N�FICIARY:
CI[� OF SANFORD
CIT\ COMMISSION
300 NORTH PARK AVENUE
SANFORD, FL 32771
FOR USD 135,699.6O
(ONE HUNDRED THIRTY FIVE THOUSAWD SIX HUNDRED NINETY NINE 6O/1O0
U.S. DOLLARS)
DATE OF EXPIRATION: AUGBST 16, 2O O7
PLACE OF EXPIRATION: AT OUR COUNTERS
FOR MAINTENANCE AGREEMENT-WATER AND SEWER IMPROVEMENTS
BY ORDER OF CELERY LAND, LLC, WE HEREBY ESTABLISH AN IRREVOCABLE
LETTER OF CREDIT IN YOUR FAVOR. WE HEREBY AUTHORIZE YOU TO DRAW
ON SUNTRUST BANK UP TO AN AGGREGATE AMOUNT OF $135,699.6O
AVAILABLE BY YQUR DRAFTS AT SIGHT ACCOMPANIED BY A SIGNED
STATEMENT OF THE CITY 8F SANFORD CITY COMMISSIONERS THAT THE
MAINTENANCE AGREEMENT DATED AUGUST 17, 2OO6 BETWEEN CELERY LAND,
LLC AND CITY OF SANFORD IS II\! DEFAULT.
DRAFTS MUST BE JRAWN AND NEGOTIATED ON OR BEFORE AUGUST 16, 2OO7
AND EACH SUCH DRAFT MUST STATE THAT IT IS DRAWN UNDER IRREVOCABLE
LETTEH OF CREDIT NO. P003542 OF SUNTRUST BANK DATED AUGUST 16.
20O� AND THE AMOUNT THEREOF ENDORSED ON THIS LETTER OF CREDTT.
�HE BANK AGREES THAT THIS LETTER OF CREDIT SHALL AUTOMATICAi.Y
REN�W ITSELF FOR SUCCESSIVE ONE YEAR PERIODS UNLESS THE BANK
SHALL GIVE NOTICE TO YOU NO LATER THAN FORTY FIVE (45/ DAYS
PRECEDING AN EXPIRATION DATE THAT IT CHOOSES NOT TO RENEW THE
LETTER OF CREDI ENTITLED TO
DEMAND AND RECEIVE THE OUTSTANDING AMOUNT OF MONEY REPRESENTED BY
THIS LETTER OF CREDIT. IN THE EVENT A DRAW BASED ON EXPIRATION OF
THIS LETTER OF CREDIT THE PROCEEDS SHALL BE USED BY CITY OF
SANFO�D AS A CASH BOND TO SECURE CONTINUED ADHERENCE TO THE TERMS
OF THE MAINTENANCE AGREEMENT WITH CELERY LAND, LLC OBLIGATIONS
THEREUNDER, YOU WILL RETURN THE ORIGINAL LETTER OF CREDIT TO THIS
CONTINUED ON NEXT PAGE
^
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wo
SuN TRusT ,
L�TTER OF CREDIT NUMBER P003542 PAGE
BANK hARKED "CANCELLED."
IF
THE CITY IF
SANFORD CIFY
COMM�SSIONERS INITIATES SUIT UNDER
THIS
LETTER OF
CREDIT, THE
BANK HEREBY A�REES TO BE RESPONSIBLE
FOR
CITY OF SANFORD'S
COURT
COSTS AND REASONABLE ATTORNEYS' FEES
BUT
SUNTRUST BANK
SHALL NOT
BE RESPONSIBLE FOR ANY ATTORNEYS'
FEES
IN EXCESS
OF FIFTEEN PERCENT
(15%) OF THE AGGRE6ATE AMOUNT
OF
THIS LETTER
OF CREDIT.
THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF OUR
UNDERTAKING AND SUCH UNDERTAKING SHALL NOT, IN ANY WAY, BE
AMENDED BY REFERENCE HEREIN TO ANY AGREEMENT, AND ANY SUCH
REFERENCE HAI L NOT BE DEEMED TO INCORPORATE HEREIN BY REFERENCE
ANY DOCUMENT OR AGREEMENT OTHER THAN THE MAINTENANCE AGREEMENT
DATED AUGUST 17, 2006 AND REFERENCED HEREIN.
THIS LETTER OF CREDIT IS ISSUED SUBJECT TO THE INTERNATIONAL
STANDBY PRACTICES 1998 PUBLICATlDN 59O.
WE HEREBY AGREE O
WITH YU THAT ALL DRAFTS DRAWN IN COMPLIANCE WITH
THE TERMS OF THIS LETTER OF CREDIT WILL BE DULY HONORED UPON
PRESENTATION AND DELIVERY OF THE DOCUMENTS SPECIFIED ABOVE TO THE
BELOW ADDRESS ON OR BEFORE AUGUST 16 2O017 OR ANY AUTOMATICALLY
EXTENDED DATE.
ALL DOCUMENTS ARE TO BE REMITTED TO:
SUNTRUST BANK, INTERNATIONAL DIVISION
ATTN: LETTER OF CREDIT DEPARTMENT
25 PARK PLACE, 16TH FLOOR, MC 3736
ATLHNTA, GEORGIA 3�3O3
PLEASE DIRECT ALL INQUIRIES TO:
PHONE: 8OO-951-7847 OPTION 3.
SIN E ELY,
SUN���ST,E
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s imun°�io,p , cxdent
Shun`'` xn'|«nv,o
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LETTER OF CREDIT NUMBER P003542
AUGUST 16, 20O6
BENEFICIARY:
CITY OF SANFORD
CITY COMMISSION
3OO NORTH PARK AVENUE
SANFORD, FL 32771
DEAR SIR OR MADAM:
PLEASE FIND ATTACHED THE ORIGINA� LETTER OF CREDIT.
IN YOUR FAVOR.
PLEASE DIRECT ALL INQUIRIES TO�
SUNTRUST BANK
ATTN: STANDBY LETTER OF CREDIT DEPARTME�T
25 PARK PLACE, 16TH FLOOR, MC 37O6
ATLANTA, GEORGIA 3O3O3
PHONE: 8OO-951-7847 OPTION 3.
SINCERELY,
SUNTRUST BANK
1O5