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1176-Suncor Development, LLC - Tusca PlaceW. TD WAS TEWATE�TILITIES BILL OF $ALE E M M M M r 0 rQ P LL-C- , a Florida corporation County located at hereafter known as State of Of 1.00) Dollar for and in consideration of the sum of One ( of Sanford, a the SELLER, and other valuable consideration paid to SELLER by olitical subdivision of the State of Florida, hereafter known a sell, BUYER, receipt P of which is hereby acknowledged does g ate valves, i e transfer, convey, and deliver to BUYER all P P s, lines, g Pump stations, and other valve boxes, fittings, thrust blocks, hydrants, p P which comprise the water, wastewater, and reclaimed g oods and equip n the following p water systems i uipment and located nstalled by SELLER easements, rights -of -way, or tracts as shown on the record drawings, more specifically described as follows: PROJECT: (See Attached Legal Description) BUYER shall have all rights and title to the goods in itself and its assigns. goods SELLER warrants that it is lawful owner of the goods and the g are free from all liens and encumbrances. SELLER has good right to sell the goods and will warrant and defend the right against the lawful g claims and demands of all p ersons. IN WITNESS WHEREOF, SELLER has executed this BILL OFSALE at on this _ day AV 7--7 - 1 1 (SEAL) ADDRESS: SELLER IT BY. TION) �(IFCO ITS ATTEST: B- 3 Parcel ID (32- 19 -31- 300 - 0140 -0000) The West 3 /4 of the North '/2 of the Northwest ' / 4 of the Northeast 1/4, Section 32, Township 19 South, Range 31 East, all lying in Seminole County, Florida, Less road rights of way. AND Parcel ID (32- 19 -31- 300 -013A -0000) Begin 15 Feet North and 15 feet East of the Southwest corner of the Northwest Quarter of the Northeast Quarter of Section 32, Township 19 South, Range 31 East, Seminole County, Florida and run North 645 feet; thence run East 1012.5 feet; thence run South 645 feet; thence run West 1012.5 feet to the Point of Beginning, LESS the road right of way on the West and the railroad right of way on the South. C OLO 1 L BAN, N.A. II STANDBY LETTER OF CREDIT (PAGE 1 I II PLACE OF ISSUE : SUNRISE (IRREVOCABLE INUMBER II II DATE OF ISSUE : MAY 16, 2007 ISTANDBY LETTER OF CREDIT 131 9927 II I AND PLACE OF EXPIRY II I1 ADVISED BY MAIL (DATE MAY 16, 2008 SUNRISE, FLORIDA I II APPLICANT IBENEFICIARY II SUNCOM DEVELOPMENT, LLC. 1 CITY OF SANFORD II 550 N. PALMETTO AVE. I CITY COMMISSION, SANFORD CITY HALL II SUITE 105 1 300 N. PARK AVENUE, POB 1788 II I1 SANFORD, FL 32771 I SANFORD, FL 32772 -1788 II II ADVISING BANK (AMOUNT USD28,585.40 U.S. DOLLARS II II NOT APPLICABLE ITWENTY EIGHT THOUSAND FIVE HUNDRED II 1EIGHTY FIVE AND CENTS FORTY ONLY 11 I. I ICREDIT AVAILABLE WITH II, I COLONIAL BANK, N.A. I BY PAYMENT II II 1AGAINST PRESENTATION OF THE DOCUMENTS III I DETAILED HEREIN II° II I� II II IRREVOCABLE LETTER OF CREDIT (FOR MAINTENANCE AGREEMENT - WATER II: 1I AND SEWER IMPROVEMENTS) 11 ' I� II DEAR COMMISSIONERS: II II BY ORDER OF SUNCOM DEVELOPMENT, LLC., WE HEREBY ESTABLISH AN I II IRREVOCABLE LETTER OF CREDIT IN YOUR FAVOR. WE HEREBY AUTHORIZE II YOU TO DRAW ON COLONIAL BANK, N.A., 1580 SAWGRASS CORPORATE II PARKWAY, SUITE 310, SUNRISE, FL 33323 UP TO AN AGGREGATE AMOUNT II ' II OF UNITED STATES DOLLARS TWENTY EIGHT THOUSAND FIVE HUNDRED II II EIGHTY FIVE AND 40/100 (US$28,585.40) AVAILABLE BY YOUR DRAFTS AT II II SIGHT ACCOMPANIED BY A SIGNED STATEMENT OF THE CITY OF SANFORD II CITY COMMISSIONERS THAT THE MAINTENANCE AGREEMENT DATED MAY 16, II II 2007, BETWEEN SUNCOM DEVELOPMENT, LLC AND CITY OF SANFORD IS IN II DEFAULT. II it II DRAFTS MUST BE DRAWN AND NEGOTIATED ON OR BEFORE MAY 16, 2008, II AND EACH DRAFT MUST STATE THAT IT IS DRAWN UNDER IRREVOCABLE II LETTER OF CREDIT NO. 31 -9927 OF COLONIAL BANK, N.A. DATED MAY 16, II 1I 2007, AND THE AMOUNT THEREOF ENDORSED ON THIS LETTER OF CREDIT. II 1I THE BANK AGREES THAT THIS LETTER OF CREDIT SHALL AUTOMATICALLY II II RENEW ITSELF FOR SUCCESSIVE ONE -YEAR PERIODS UNLESS THE BANK II II SHALL GIVE NOTICE TO YOU NO LATER THAN FORTY -FIVE (45) DAYS II II PRECEDING AN EXPIRATION DATE THAT IT CHOOSES NOT TO RENEW THE �I II LETTER OF CREDIT, IN WHICH CASE, THE CITY SHALL BE ENTITLED TO II DEMAND AND RECEIVE THE OUTSTANDING AMOUNT OF MONEY REPRESENTED BY I1 THIS LETT OF CREDIT. IN THE EVENT A DRAW BASED ON EXPIRATION OF II I COLONIAL BANK N.A. STANDBY LETTER OF CREDIT PLACE OF ISSUE SUNRISE DATE OF ISSUE MAY 16, 2007 ADVISED BY MAIL PAGE 2 CONTINUATION OF INUMBER STANDBY LETTER OF CREDIT 131 9927 DATE AND PLACE OF EXPIRY MAY 16, 2008 SUNRISE, FLORIDA APPLICANT IBENEFICIARY SUNCOM DEVELOPMENT, LLC. CITY OF SANFORD 550 N. PALMETTO AVE. I CITY COMMISSION, SANFORD CITY HALL SUITE 105 I 300 N. PARK AVENUE, POB 1788 SANFORD, FL 32771 I SANFORD, FL 32772 -1788 THIS LETTER OF CREDIT THE PROCEEDS SHALL BE HELD BY THE CITY OF SANFORD AS A CASH BOND TO SECURE CONTINUED ADHERENCE TO THE TERMS OF THE MAINTENANCE AGREEMENT WITH SUNCOM DEVELOPMENT, LLC. UPON TENDER OF PAYMENT, YOU WILL RELEASE TO THE BANK THE ORIGINAL IRREVOCABLE LETTER OF CREDIT MARKED "CANCELLED ". IN ANY EVENT, UPON EXPIRATION OF THE MAINTENANCE AGREEMENT DATED MAY 16, 2007, AND THE COMPLETION OF SUNCOM DEVELOPMENT, LLC'S OBLIGATIONS THEREUNDER, YOU WILL RETURN THE ORIGINAL LETTER OF CREDIT TO THIS BANK MARKED "CANCELLED ". WE HEREBY ENGAGE WITH YOU THAT ALL DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS CREDIT, THAT SUCH DRAFTS WILL BE DULY HONORED UPON PRESENTATION TO THE DRAWEE. IF THE CITY OF SANFORD CITY COMMISSIONERS INITIATES SUIT UNDER THIS LETTER OF CREDIT, THE BANK HEREBY AGREES TO BE RESPONSIBLE FOR THE CITY OF SANFORD'S COURT COSTS AND REASONABLE ATTORNEY'S FEES, BUT COLONIAL BANK, N.A., SHALL NOT BE RESPONSIBLE FOR ANY ATTORNEY'S FEES IN EXCESS OF FIFTEEN PERCENT (15 %) OF THE AGGREGATE 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 SHALL NOT BE DEEMED TO INCORPORATE HEREIN BY REFERENCE ANY DOCUMENT OR AGREEMENT OTHER THAN THE MAINTENANCE AGREEMENT DATED MAY 16, 2007 AS REFERENCED HEREIN. EXCEPT SO FAR AS OTHERWISE EXPRESSLY STATED HEREIN, THIS LETTER OF CREDIT IS SUBJECT TO THE INTERNATIONAL STANDBY PRACTICES 1998 ( "ISP98 "), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION 590. * * * * * * * * ** END OF CREDIT * * * * * * * * ** C'. COLONIAL BAND° N.A. II STANDBY LETTER OF CREDIT IPAGE 3 I II PLACE OF ISSUE SUNRISE ICONTINUATION OF INUMBER II II DATE OF ISSUE MAY 16, 2007 ISTANDBY I LETTER OF CREDIT AND PLACE OF EXPIRY 131 9927 II I I II ADVISED BY MAIL (DATE II I MAY 16, 2008 SUNRISE, FLORIDA II II APPLICANT IBENEFICIARY II SUNCOM DEVELOPMENT, LLC. I CITY OF SANFORD II 550 N. PALMETTO AVE. I CITY COMMISSION, SANFORD CITY HALL II SUITE 105 I 300 N. PARK AVENUE, POB 1788 II SANFORD, FL 32771 I SANFORD, FL 32772 -1788 II II II II 11 II Ii II II THIS AREA II II II II II II � I I I INTENTIONALLY I I BLANK I I I I I I I II II II II II II II II II II II II I I I II THIS DOCUMENT CONSISTS OF 3 PAGES i II YOURS FAITHFULLY, II II FOR AND ON BEHALF OF I II II COLONIAL BANK, N.A. i 11 II I I II �� AUTHORIZED SIGNATURES) II 't DALE BEASLEY CONSTRUCTION c6mPANY LLC. 6526 Lynn Road Orlando, FL 32810 Phone (407) 466 -7883 PROPOSAL Job: CELERY IESTATES SOUTH - BRISSON i ITEM 1.00 2.00 3.00 a 1 vr%m DESCRIPTION I 24" RCP 0'- 6' 24" RCP V - B 1 30" RCP (0'- 6' QUANTITY 104 41• 300 UNIT LF LF LF COST $ 15.00 $ 16.00 $ 17.00 TOTAL ' $ 1,580.00 $ 656.00 $ -5 100.00 4.00 6.00 6.00 36" RCP 6' - 8' 42" RCP 6 - 8' 36" MES 723 185 1 LF LF EA S 21.00 $ 25.00 $ 600.00 $ 15 183.00 $ 4 $ 600.00 7.00 42" MES 1 EA $ 800.00 $ 800.00 8.00 36" HEADWALL 1 EA $ 1,350.00 $ 1,350.00 8. 4 0.00 11.00 12.00 TYPE "J" CURB INLET TYPE "J" MANHOLE 6' DI 1 1 EA EA $ 1,050.00 $ 1 $ 1,050.00 $ 1 200.00 13.00 CONTROL STURCTURE 1 EA $ 1 $ 1 WATER MAIN SUB TOTAL $ 39 424.00 ITEM DESCRIPTION QUANTITY UNIT TOTAL 1.00 8" WATER MAIN 20 LF $ 6.50 $ 170.00 2.00 6" WATERMAIN 2280 LF $ 7.00 $ 15,980. 3.00 FIRE HYDRANTS 4 EA $ 650.00 $ 2,600.00 4.00 6" GATE VA UE 2 EA $ 200.00 $ 400.00 5.00 DBL WATER SERVICE 11 EA $ 150.00 $ 1 6.00 SINGLE WATER qERVICE 31 EA $ 125.00 $ 3,87 .00 7.00 FITTINGS 1 LS $ 3,850.00 $ 3,850.00 8.00 TESTING /ST9 1 LS S 1.650.00 $ 1 - 3015 SUB TOTAL A RECLAIM WATER MAIN ITEM IDESCRIPTION QUANTITY UNIT TOTAL 3.00 4" RC WATER MAIN 2080 LF $ 8.00 $ 12 360.00 4.00 6" RC WATER MAIN 60 LF $ 8.50 $ 510.00 6.00 4" GATE VALUE 2 EA $ 150.00 $ 300.00 8.00 DBL RC WATER' SERVICE 14 EA $ 150.00 $ 2100.00 9.00 SINGLE RC WA ER SERVICE 25 EA $ 125.00 $ 3,125.00 10.00 FITTINGS I 1 LS $ 3,425.00 $ 3 11.00 TESTING 1 LS $ 1 $ 1,450.00 8" SEWER PIPE 10'- 12' 540 LF $ 20.00 $ 10,800.00 8.00 DBL SEWER SERVICE 23 I SANITARY SEWER ITEM DESCRIPTION I QUANTITY UNIT ITOTAL 1.00 SEWER MANHOLES 0 - 6' 2 EA $ 850.00 $ 1,700.00 2.00 SEWER MANHOLES 6' - 8' 2 EA $ 950.00 $ 1,900.00 3.00 SEWER MANHOLES 8' - 10 6 EA $ 1 $ 6 4.00 SEWER MANHO ES 10 12' 1 EA $ 1 $ '1 6.00 8" SEWER PIPE 0 - 6' 180 LF $ 12.00 7 8. 8" SEWER PIPE e' - 8' 600 LF $ 14.50 $ 8,700.00 7.00 8" SEWER PIPE 8' -10' 762 LF $ 17.00 $ 2 8" SEWER PIPE 10'- 12' 540 LF $ 20.00 $ 10,800.00 8.00 DBL SEWER SERVICE 20 EA $ 200.00 $ 4 9.00 SINGLE SEWER SERVICE 13 EA $ 175.00 $ 2,275.00 11.00 TESTING /LAMPING AIR TEST 1 LS $ 3,986.00 $ 3,985.00 SUB TOTAL 1 $ 50 078.00 MISCELLANEOUS ITEM IDESCRIPTION QUANTITY UNIT TOTAL 2.00 MOBILIZATION 1 ILS NC $ - SUBTOTAL $ TOTAL $ 142,927.00 NOTES 1 PROPOSAL INCLUSIVE OF LINE ITEMS ONLY 2 TV OF STORM AND SEWER NOT INCLUDED 3 NO DEWATERINP INCLUDED 4 ALL PERMITS BY OTHERS 5 NO SODING ARE RESTORING OF RIGHT OF WAY INCLUDED 6 GEO TESTING BY OTHERS 7 CONSTRUCTION ISURVEY BY OTHERS 8 TRAFFIC CONTROL BY OTHERS 9 REMOVAL AND IMPORT OF UNSUITABLE MATERIAL BY OTHERS Please Indicate your sccept�nce by signing and dating on the line provided below. Payment due at completion bf work. Date Th&-& you very much. SUBDIVISION AND SITE PLAN PRIVATE ROAD MAINTENANCE AGREEMENT (For use with Letter of Credit) THIS AGREEMENT is ade and entered into this day of L ,herein er refe d to as " 200_, between S� N,Ca� ` � 5 f ,•` "PRINCIPAL" and the OSC-A L - Sow? Homeowner's As ociation w of subdivision, (hereinafter referred to as the 'a "BENEFICIARY ") or, 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 ,TOSC_A &A - -S rfj subdivision. WITNESSETH: WHEREAS, PRINCIPAL has constructed certain road improvements, including streets, curbs, stoT drains and other appurtenances in that certain subdivision described as �� - " ,�71 - , a Plat of which is recorded in Plat Book' 0Q Pages � :2 1 � -7 � , Public Records of Seininole 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 Jo ^ e 2 0 _ , 200 7; and 4 yea.rs 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. I l 9 9 S issued by Co IU A �'/� sum of _c � V 'z- / 1 DOLLARS ($ / 000 NOW THEREFORE, the BENEFICIARY or the HOLDER on behalf of the L OT OWNERS, agrees to accept an Irrevocable Letter of Credit as security for the m b 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 the HOLDER on behalf of the LOT OWNERS in the sum of C1- r -�UE� 7%`�c�ZS.�/i� P DOLLARS ($ // pOO • ) 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 ,0 V% r- 1 e) , 200 '1, then this obligation shall be null and void, otherwise it shall remain in full force and effect. The BENEFICIARY /HOLDER, or LOT OWNER shall notify the PRINCIPAL in writing 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 (Osc �'c ���t '&R' 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 T0sc -�k- QLA — Sgw 7 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 S6 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 sC-k P(tC4S —Sa 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 1 A, LAC-< - SQsd r r1 subdivision or to the individual lot owners of j scar �' ��� - a -r 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. ATTBST/WITNESSES: By: . A4��� Date: 6 /0 J O PRINCIPAL: Signed, sealed and delivered in the presence o£ By : ATTEST: r 1 an Dougherty, City Cle Date: l9 - ( -:� <D HOLDER: CITY OF SANFORD SEMINOLE COUNTY, FLORIDA Linda K hn, Mayor o� Date: -- COLONIAL BANK; N.A. ® Member FDIC II STANDBY LETTER OF CREDIT (PAGE 1 II II PLACE OF ISSUE SUNRISE (IRREVOCABLE INUMBER II II DATE OF ISSUE JUNE 12, 2007 ISTANDBY LETTER OF CREDIT 131 9935 II II AND PLACE OF EXPIRY II II ADVISED BY MAIL (DATE II I JUNE 12, 2010 SUNRISE, FLORIDA II II APPLICANT IBENEFICIARY II SUNCOM DEVELOPMENT, LLC. ( TUSCA PLACE HOMEOWNERS II II 550 N. PALMETTO AVE. I ASSOCIATION, INC. II SUITE 105 I 541 N. PALMETTO AVE. NO. 105 II II SANFORD, FL 32771 I SANFORD, FL 32771 II II ADVISING BANK (AMOUNT USD11,000.00 U.S. DOLLARS II NOT APPLICABLE (ELEVEN THOUSAND ONLY I ICREDIT AVAILABLE WITH II II I COLONIAL BANK, N.A. II BY PAYMENT III II (AGAINST PRESENTATION OF THE DOCUMENTS II. I I IDETAILED HEREIN (I II II IRREVOCABLE LETTER OF CREDIT FOR PRIVATE ROAD MAINTENANCE II? II AGREEMENT II •. I II BY ORDER OF SUNCOM DEVELOPMENT, LLC., WE HEREBY ESTABLISH AN II, II IRREVOCABLE LETTER OF CREDIT IN YOUR FAVOR. WE HEREBY AUTHORIZE II II YOU TO DRAW ON COLONIAL BANK, N.A., 1580 SAWGRASS CORPORATE II II PARKWAY, SUITE 310, SUNRISE, FL 33323 UP TO AN AGGREGATE AMOUNT II' II OF UNITED STATES DOLLARS ELEVEN THOUSAND AND 00/100 II (US$11,000.00) AVAILABLE BY YOUR DRAFTS AT SIGHT ACCOMPANIED BY A II ' II SIGNED STATEMENT FROM TUSCA PLACE HOMEOWNERS ASSOCIATION, INC., II II THAT THE PRIVATE ROAD MAINTENANCE AGREEMENT DATED JUNE 12, 2007, II II BETWEEN SUNCOM DEVELOPMENT, LLC AND TUSCA PLACE HOMEOWNERS II II ASSOCIATION, INC IS IN DEFAULT. II II DRAFTS MUST BE DRAWN AND NEGOTIATED ON OR BEFORE JUNE 12, 2010, II II AND EACH DRAFT MUST STATE THAT IT IS DRAWN UNDER IRREVOCABLE II II LETTER OF CREDIT NO. 31 -9935 OF COLONIAL BANK, N.A. DATED JUNE II II 12, 2007, AND THE AMOUNT THEREOF ENDORSED ON THIS LETTER OF II II CREDIT. IN WHICH CASE, THE BENEFICIARY SHALL BE ENTITLED TO II DEMAND AND RECEIVE THE OUTSTANDING AMOUNT OF MONEY REPRESENTED BY II II THIS LETTER OF CREDIT. IN THE EVENT A DRAW BASED ON EXPIRATION OF II THIS LETTER OF CREDIT THE PROCEEDS SHALL BE HELD BY TUSCA PLACE II II HOMEOWNERS ASSOCIATION, INC AS A CASH BOND TO SECURE CONTINUED II ADHERENCE TO THE TERMS OF THE PRIVATE ROAD MAINTENANCE AGREEMENT II II WITH SUNCOM DEVELOPMENT, LLC. II II UPON TENDER OF PAYMENT, YOU WILL RELEASE TO THE BANK THE ORIGINAL II I IRREVOC LETTER OF CREDIT MARKED "CANCELLED ". IN ANY EVENT, -I II I COLONIAL BANK, N.A. ® .--lc II STANDBY LETTER OF CREDIT (PAGE 2 II II PLACE OF ISSUE SUNRISE (CONTINUATION OF (NUMBER II I1 DATE OF ISSUE JUNE 12, 2007 ISTANDBY LETTER OF CREDIT 131 9935 II I AND PLACE OF EXPIRY II II ADVISED BY MAIL (DATE 1 JUNE 12, 2010 SUNRISE, FLORIDA II II APPLICANT IBENEFICIARY II SUNCOM DEVELOPMENT, LLC. 1 TUSCA PLACE HOMEOWNERS II 550 N. PALMETTO AVE. I ASSOCIATION, INC. II i1 SUITE 105 I 541 N. PALMETTO AVE. NO. 105 II SANFORD, FL 32771 I SANFORD, FL 32771 II II UPON EXPIRATION OF THE PRIVATE ROAD MAINTENANCE AGREEMENT DATED I1 I1 JUNE 12, 2007, AND THE COMPLETION OF SUNCOM DEVELOPMENT, LLC II OBLIGATIONS THEREUNDER, YOU WILL RETURN THE ORIGINAL LETTER OF II II CREDIT TO THIS BANK MARKED "CANCELLED ". II I1 WE HEREBY ENGAGE WITH YOU THAT ALL DRAFTS DRAWN UNDER AND IN II II COMPLIANCE WITH THE TERMS OF THIS CREDIT, THAT SUCH DRAFTS WILL II II BE DULY HONORED UPON PRESENTATION TO COLONIAL BANK, N.A. II I1 IF TUSCA PLACE HOMEOWNERS ASSOCIATION, INC INITIATES SUIT UNDER II II THIS LETTER OF CREDIT, THE BANK HEREBY AGREES TO BE RESPONSIBLE II II FOR BENEFICIARY'S COURT COSTS AND REASONABLE ATTORNEY'S FEES, BUT II II COLONIAL BANK, N.A., SHALL NOT BE RESPONSIBLE FOR ANY ATTORNEY'S II II FEES IN EXCESS OF FIFTEEN PERCENT (150) OF THE AGGREGATE AMOUNT II II OF THIS LETTER OF CREDIT. II II THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF OUR II II UNDERTAKING AND SUCH UNDERTAKING SHALL NOT, IN ANY WAY, BE II Ii AMENDED BY REFERENCE HEREIN TO ANY AGREEMENT, AND ANY SUCH 1I REFERENCE SHALL NOT BE DEEMED TO INCORPORATE HEREIN BY REFERENCE II II ANY DOCUMENT OR AGREEMENT OTHER THAN THE PRIVATE ROAD MAINTENANCE II I1 AGREEMENT DATED JUNE 12, 2007 AS REFERENCED HEREIN. II II EXCEPT SO FAR AS OTHERWISE EXPRESSLY STATED HEREIN, THIS LETTER II II OF CREDIT IS SUBJECT TO THE INTERNATIONAL STANDBY PRACTICES 1998 II ( "ISP98 "), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION 590. II * * * * * * * ** END OF CREDIT * * * * * * * * ** II II II II I II THIS AREA INTENTIONALLY BLANK II i II II I II I I I' COLONIAL BANK NA ® Member 10C II STANDBY LETTER OF CREDIT IPAGE 3 II II PLACE OF ISSUE SUNRISE (CONTINUATION OF INUMBER II II DATE OF ISSUE JUNE 12, 2007 ISTANDBY LETTER OF CREDIT AND PLACE OF EXPIRY 131 9935 II II II II ADVISED BY MAIL (DATE JUNE 12, 2010 SUNRISE, FLORIDA 1 II APPLICANT 1BENEFICIARY II SUNCOM DEVELOPMENT, LLC. I TUSCA PLACE HOMEOWNERS II II 550 N. PALMETTO AVE. i ASSOCIATION, INC. II SUITE 105 I 541 N. PALMETTO AVE. NO. 105 II II SANFORD, FL 32771 1 SANFORD, FL 32771 II II II II II II II II II THIS AREA II II II II II II it I I I I I INTENTIONALLY I BLANK I I I I I I I I II II II II II II II II II II II II Il I I I I II THIS DOCUMENT CONSISTS OF 3 PAGES i II YOURS FAITHFULLY, II II FOR AND ON BEHALF OF I II II COLONIAL BANK, N.A. i II II I I II III i 1 AUTHOR SIGNATURES) EDC / EXCELSIOR DEVELOPMENT CO. 2009 Longwood -Lake Mary Road, Suite 1015 Longwood, FL 32750 -3512 Phone: 407 - 771 -4442 — Fax: 407 - 771 -4452 CELERY ESTATES SOUTH ASPHALT PAVING COSTS May 23, 2007 ASPHALT PAVING ITEM DESCRIPTION 1.00 FIRST LIFT ASPHALT PAVING 2.00 SECOND LIFT ASPHALT PAVING QUANTITY UNIT AMOUNT 1 LS $ 27,500.00 1 LS $ 27,500.00 $55,000.00 CERTIFICATE OF COMPLETION THIS IS TO CERTIFY THAT THE INFRASTRUCTURE FOR THE DEVELOPMENT OF: Tusca Place South CONSTRUCTED BY: Suncor Properties, Inc. BUSINESS ADDRESS: 550 N. Palmetto Avenue, Sanford, Flo 32771 HAS BEEN COMPLETED IN ACCORDANCE WITH THE APPROVED ENGINEERING DOCUMENTS IN A FORM AND MANNER ACCEPTABLE BY THE CITY OF SANFORD, FLORIDA. CONTRACTOR:EDC BUSINESS ADDRESS: 120 International Pkwy., Suite 220, Heathrow, Fl. 32746 RECEIVED: YES NO NA X _ MAINTENANCE BONDS OF $ 11,000.00 (Private Roads/Drng.) $ 28,585.40 Water & Sewer (public) X _ RECORD DRAWINGS X _ EASEMENTS/DEDICATIONS X _ PLAT X ENGINEER'S CERTIFICATE X HOA DOCUMENTS APPROVED: t p"-," /t UTILITIES PUBLIC WORKS 6/i/ DATE DATE c� 6,b ;EN G & PLANNING DATE ADMINISTRATIVE OFFICIAL DATE