2039 Perf Bond MI Homes Towns at White Cedar - PULLED FROM FILE - RETURNED TO MIKE CASH 7.22.20i
PLANNING & DEVELOPMENT SERVICES
TRANSMITTAL MEMORANDUM
To: City Clerk
Request for Services
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
El
Special'Instructions:
1//
Mayor's signature
Recording
Rendering
Safe keeping (Vault)
Attached is the Performance Bond for Towns at White Cedar for completion of infrastructure
work including landscaping, irrigation and hardscape. It is intended for 110% of the cost of the
improvemnts.
Please advise if you have any questions regarding the above.
Thank you!
"l
From
UA p�t-oK ,'za q
Date
Bond #1075023
-*111 1 1,
KNOW ALL MEN BY THESE PRESENTS:
That we, M/I Homes of Orlando, LLC hereinafter called the "Principal", and
The Hanover Insurance Company , 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, in the full and just sum of $1,120,678.55 lawful money
of The United States of America, to be paid to the City of Sanford of Seminole County, 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 a condition precedent to the approval by the City of
Sanford of a plat of a certain subdivision known as Towns at White Cedar has covenanted and
agreed with the City of Sanford to construct the referenced infrastructure and other associated
improvements based upon development plans and plans and specifications pertaining to said
subdivision, said development plans and plans and specifications being dated 30 day of July 2018,
and being on file with the City of Sanford, Seminole County, Florida, and
WHEREAS, it is a condition precedent to the recording of said subdivision that this bond be
executed:
NOW THEREFORE, the conditions of these obligations are such that if the bounden Principal shall
construct the aforesaid improvements in accordance with any date prescribed in the approved
developments plans and plans and specifications dated the 30 day of July 2018, or within two
years of the date of approval, whichever occurs first and shall in every respect fulfill its, his, their
obligations under the development plans and plans and specifications, and shall indemnify and
save harmless the City of Sanford against or from all claims, costs, expenses, damages, injury, or
loss, including engineering, legal and contingent costs which the City of Sanford may sustain on
account of the failure of the Principal to perform in accordance with the development plans and
plans and specifications with the time therein specified then this obligation be void; otherwise to
be and remain in full force and virtue.
The Surety unconditionally covenants and agrees that if the Principal fails to perform all or any
part of the construction work required by the development plans and plans and specifications
above referred to, within the time specified, the Surety upon forty-five (45) days written notice
from the City of Sanford, or its authorized agent or officer of the default, will forthwith perform
and complete the aforesaid construction work and pay the cost thereof, including, but not limited
to engineering, legal and contingent costs. Should the Surety fail or refuse to perform and
complete the said improvements, 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
PERFORMANCE BOND
Page 1 of 2
atlaw and inequity, including specifically specific performance, to which the Principal and Surety
unuzndidnnaUyagnee.
The Principal and the Surety further jointly and severally agree that the City of Sanford, and its
option, shall have the right to construct or, pursuant to public advertisement and receipt of bids,
cause tobcconstructed the aforesaid improvements in case the Principal should fail o/refuse io
do so. In the event the City of Sanford should exercise and give effect to such right, the Principal
and Surety shall be jointly and severally liable hereunder to reimburse the City of Sanford the
total cost thereof, including, but not limited to, engineering, legal and contingent costs, together
with any damages, either direct or consequential, which may be sustained on account of the
failure ofthe Principal tocarry out and execute all the provision ofsaid agreement.
IN WITNESS WHEREOF, the Principal and the Surety have executed these presents this the
1 9th —day of February - 2019
ADDRESS: M/I Homes of Orlando,
40UInternational Parkway, #44U
Lake Mary, FL 32746
PRINCIPAL
BY » |TS:
(IF ACORPORATION)
ATTEST: ITS:
Mark Kirkendall
VP, Housing & Land Controller
ADDRESS: The Hanover Insurance Com SG4A
440 Lincoln Street
VVuroheoter.MA 01653
8 Aftonney-|n'Fact
\xttacneo�oretyPower orAttorney)
PERFORMANCE BOND
Page 2of2
�l. THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
POWER OF ATTORNEY
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.
KNOW ALL PERSONS BY THESE PRESENTS:
That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing
underthe laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing underthe laws
of the State of Michigan, (hereinafter individually and collectively the "Company") does hereby constitute and appoint,
Kathleen A. Vansovich, Julieann Johnston, Denise Nelson, Deborah L. Williams, Michael D. Ward and/or Stephanie McQuillen
Of Huntington Insurance, Inc. of Columbus, OH each individually, if there be more than one named, as its true and lawful attorneys) -in -fact to sign,
execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, any and all surety bonds,
recognizances, undertakings, or other surety obligations. The execution of such surety bonds, recognizances, undertakings or surety obligations, in
pursuance of these presents, shall be as binding upon the Company as if they had, been duly signed by the president and attested by the secretary of the
Company, in their own proper persons. Provided however, that this power of attorney limits the acts of those named herein; and they have no authority to
bind the Company except in the manner stated and to the extent of any limitation stated below:
Any such obligations in the United States, not to exceed Ten Million and Noll 00 ($10,000,000) in any single instance
That this power is made and executed pursuant to the authority of the following Resolutions passed by the Board of Directors of said Company, and said
Resolutions remain in full force and effect:
RESOLVED: That the President or any Vice President, in conjunction with any Vice President, be and they hereby are authorized and
empowered to appoint Attorneys -in -fact of the Company, in its name and as it acts, to execute and acknowledge for and on its behalf as surety,
any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with powerto
attach thereto the seal of the Company. Any such writings so executed by such Attorneys -in -fact shall be binding upon the Company as if they
had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons.
RESOLVED: That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted
and executed by the President or Vice President in conjunction with any Vice President of the Company, shall be binding on the Company to the
same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile.
(Adopted October 7, 1981 — The Hanover Insurance Company; Adopted April 14, 1982 — Massachusetts Bay Insurance Company; Adopted
September 7, 2001 — Citizens Insurance Company of America)
IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE
COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents, this 10th
day of May, 2018.
The Hanover Insurance Company
Massachusetts Bay Insurance Company
Citizens Insurance Company of America
John C. Roche, E\,T and President
tol
�77ff
THE COMMONWEALTH OF MASSACHUSETTS )
COUNTY OF WORCESTER ) ss.
The Hanover Insurance Company
Massachusetts Bay Insurance. Company
Citizens Insurance Company of America
✓ p 1
James H.Kavdecki, tike President
On this 10"' day of May, 2018 before me came the above named Vice Presidents of The Hanover Insurance Company, Massachusetts Bay Insurance
Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that
the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and
Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to
said instrument by the authority and direction of said Corporations.
ED_SLIANE J. MARINO
Notary Pub0cr�rnana or 0200011rry
Y cO4�2NO^ ExpirM Di. -1 ,�Aw, Nolary Public
VAVaU 4' SM \ty Comm,sti.n E. pi,- Nlanh .i. 2022
I, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of
America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do
hereby further certify that the said Powers of Attorney are still in force and effect.
GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this day of
CERTIFIED COPY�,�
Theodore Q. Martinez, Vice President
6
M/I HOMES
MOVE UP
mihomes.com
To: Mike Cash
From: Angela Galati
Date: 2/25/19
RE: Towns at White Cedar Performance Bond
Enclosed please find our performance bond #1075023 for The Towns at White Cedar.
If you require additional information or have any questions, please email me at
agalati@mihomes.com or call me at 407-531-5196.
Sincerely,
M/I HOMES OF ORLANDO, LLC
Angela Galati
Land Coordinator
400 International Parkway • Suite 470 • Lake Mary, FL 32746.407/531-5100 Phone • 407/531-5244 Fax
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