1691 7-11 on CR 46 A Utility Mtn Bonda
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TO: Finance Department
RE: Utility Maintenance Bond for; 7 -11 on CR46A project
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The item(s) noted below is /are attached and forwarded to your office for the following action(s):
❑ Development Order
❑ Final Plat (original mylars)
❑ Letter of Credit
® Maintenance Bond
❑ Ordinance
❑ Performance Bond
❑ Resolution
Once completed, please:
❑ Return original
❑ Return copy
❑ Return recorded copy.
Special Instructions:
Project 7 -11 on CR46A
❑ Mayor's signature
❑ Recording _______y
e� ering
Safe keeping (Vault)
For our records
Please advise if you have any questions regarding the above.
Thank you!
Richard Blake
From
12/4/2014
Dat
Transmittal Memorandum
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To: Finance Department Date: 12 -2 -14
From: Richard Blake Dept.: Utilities
Email: Blakerl @sanfordfl.com Phone: 407 -688 -5101
Subject: Bond information for CAE system (To be forwarded to City Clerk's Office)
Project Name: 7 -11
Project Address: 4955 County Road CR46A
Bond Type: x Maint. /Agreement ❑ Letter Of Credit ❑ Cashier Check ❑ Performance
❑ Certified Check ❑ Cash Bond ❑ Cash Deposit ❑ Construction Loan Agreement
Bond number: 022050609
Bond Holder Name: 7 -11 Inc. of Dallas, TX
Amount: $ 8276.00
Bond Holder Address: One Art Plaza, 1722 Routh Street, Suite 1000, Dallas, TX. 75201
Bond Holder Phone: (972) 828 -7118 Email: Daniel.DownsA7 -1 Lcom
Bond Obligation: Utilily bond December 1, 2014 through December 1 2017)
Surety Name: Liberty Mutual Insurance Company
Surety Address: Interchange Corp Center, 450 Plymouth Road, Suite 400,
Plymouth Meeting, PA 19462 -8284
Surety Phone: (214) 989 -2445
Effective Date: Dec 1, 2014
(City's acceptance)
Alarm date: Sep 1, 2017
(90 days prior to expiration date)
TADevelopment Review \04 - Engineering \Bonds \Bond information.doe
Email: N/A
Expiration date: Dec 1, 2017
(Three (3) years from acceptance)
Bond Number: 022050609
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 7- ELEVEN INC of
Dallas, Tx , referred to as the DEVELOPER and
LTBEFF'1'4 PI/LT1A'ZTAl, of , referred to as the CONTRACTOR and
INSURANCE C'2tLNYOf Boston , PEA ,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 a dr ss is 3Q0 North PaVI-LARS, venue, Sanford, Florida
32771, in the full and just sum of se my s Rand 3o/loo r 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.
WHEREAS, the DEVELOPER caused the CONTRACTOR to install certain water,
reuse and wastewater utilities, and /or,other rekated improvements in or around the CITY,
Site wor at 7- even Store #37092
known and identified as follows: 4955 County Rd. 46A, Sanford, FL 32771 with the
approval of the CITY under the provisions, conditions, and requirements of the
development plan approval granted they day of (�� t�i1Z1 ,2014 .
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
an{d� to maintain said improvements for a period of three (3) years from the � sr day of
{�� r 2014
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 l s� day of DEG: .2014.
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
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 performance 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 hereunderto 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 -17th day of November ,2014.
ADDRESS: N/A (SEAL)
CONTRACTOR
BY:
ITS:
(IF A CORPORATION)
ATTEST:
ITS:
ADDRESS: LIBERTY MUTUAL INSURANCE COMPANY (SEAL)
S U R TY,,,
By
ITS: ATTORNEY-IN-FACT v. DeLene Marshall
ATTEST: ZC u7 46k&'
ITS: sophinl Hunter, Witness
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
Certificate No. 6666682
American Fire and Casualty Company Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations 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 underthe laws of the State of Indiana (herein collectively called the 'Companies"), pursuant to and by authority herein set forth, does hereby name, constitute
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and appoint, Don E. Cornell: Lisa M. Bon not Ricardo J. Reyna: Sophinie Hunter; V. DeLene Marshall
all of the city of- Dallas state of Tx - 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 31st day of July 2014
American Fire and Casualty Company
The Ohio Casualty Insurance Company
Liberty Mutual Insurance Company
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West merican In
Company
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David M. Care , Assistant Secretary
STATE OF PENNSYLVANIA ss
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COUNTY OF MONTGOMERY
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On this 31st dayof July 2018 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and
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Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do,
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execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
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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.
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Teresa Pastella , Notary Public
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This Power of Attorney is made and executed pursuant to and by authority of the following By -laws and Authorizations ofAmerican Fire and Casualty Company, The Ohio Casualty Insurance
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Company, Liberty Mutual Insurance Company,'and WestAmaiican Insurance Company which resolutions are now in full force and effect reading as follows:
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ARTICLEIV— 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
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to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal,
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acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys -m -fact; subject to the limitations set forth in their respective
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powers of attorney, shall have full 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
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executed, such instruments shall 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
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the provisions of this article may be revoked at anytime by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
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ARTICLE XIII — Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing bythe chairman or the president,
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and subject to such limitations as the chairman or the president may prescribe, shall appointsuch attomeys -in- fact;: as may be necessary to act inbehalf of the Company to make, execute,
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seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in- fact subject to the limitations set forth in their
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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
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executed such instruments shall be as binding as if signed by the president and attested by the secretary.
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Certificate of Designation. -The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, 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 Compaoys 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.
I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, 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 b said
Companies, is in full force and effect and has not been revoked. _`d ' y
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he seals of said Companies this ay of it\
IN TESTIMONY WHEREOF, I have hereunto set m hand and affixed the
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a f Gregory W. Davenport, Assistant Secretary,
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LMS 12873 122013 129 of 500
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Important Notice
TO OBTAIN INFORMATION OR TO MAKE A COMPLAINT:
You may write to Liberty Mutual Surety at:
Liberty Mutual Surety
Interchange Corporate Center
450 Plymouth Road, Suite 400
Plymouth Meeting, PA 19462-8284
You may contact the Texas Department of Insurance to obtain information on
companies, coverages, rights or complaints at:
1-800-252-3439
You may write the Texas Department of Insurance:
P. O. Box 149104
Austin, TX 78714-9104
Fax: (512) 475-1771
Web: http://www.tdi.state.tx.us
E-mail: ConsumerProtection(c-b-tdi.state.tx.us
Premium or Claim Disputes
Should you have a dispute concerning a premium, you should contact the agent first. If you
have a dispute concerning a claim, you should contact the company first. If the dispute is not
resolved, you may contact the Texas Department of Insurance.
Attach This Notice To Your Policy:
This notice is for information only and does not become a part or condition of the
attached document.
LMIC-3500