Loading...
1996* Performance Bond for Towns at White Cedar (lift of asphalt) bond returned 2.5.24PLANNING & DEVEL©PMENT 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: Mayor's signature Recording Rendering Safe keeping (Vault) Attached is the Performance Bond for Towns at White Cedar for final lift of asphalt pavement. It is intended for 110% of the cost of the improvements. Please advise if you have any questions regarding the above. Thank you! From Date Bond # 1075039 PERFORMANCE BOND (Infrastructure) 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 $85,975.73 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 eiftl$atlfwdand in equity, including specifically specific performance, to which the Principal and Surety unconditionally agree. JUN 2 4 2019 PERFORMANCE BOND Page 1 of 2 FINanning and Development 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 to be constructed the ,aforesaid improvements in case the Principal should fail or refuse to 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 of the Principal to carry out and execute all the provision of said agreement. IN WITNESS WHEREOF, the Principal and the Surety have executed these presents this the 18th day of June, 2019. ADDRESS: 400 International Parkway #440 Lake Mary, FL 32746 M/I Homes of Orlando, LLC (SEAL) PRINCIPAL BY: ITS: (IF A CORPORATION) ATTEST: ITS: ADDRESS: The Hanover Insurance Company (SEAL) 440 Lincoln Street SURETY ��gg Worchester, MA 01653 BY: '14`.. r, , � Attorney -In -Fact (IF A CORPORATION) ATTEST. Ry&kQ..-6M 6 (Attached Surety Power of Attorney) PERFORMANCE BOND Page 2 of 2 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA IY�L1\i ll<�lliLl\1 �l 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 under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the 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 attorney(s)-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 No/100 ($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 power to 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 Insu�ance Company Citizens Insurance Company of America John C" Roche, EVP and President THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. The Hanover Insurance Company Massachusetts Bay Insurance Company Citizens Insurance Company of America James H. Ka:eiecba. `,ice 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 authoritv and direction of said Corporations. I�Yr DIANE J. MANINo NOV.lk PuOYe 4. 0: rW� 0" �'w'D,a�zr J a Vota,t Pubfic Vt} Gcnnnn„u�n IEe�ir� 13 u,eh .i. ?t7P 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 18th day of June 2019 CERTIFIED COPY - =4 ThoodonarG %brfin l ccPrsldcn, 'N