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2134 SunBelt Rentals Maintenance Bond (cashiers ck retained by Finance Director)PLANNING & DEVELOPMENT SERVICES TRANSMITTAL MEMORANDUM "1": C' Clerk fi(l a rc)6 RE: Request for Services �M, 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 ❑ Mayor's signature ❑ Recording ❑ Rendering ® Safe keeping (Vault) Ordinance CASH MAINTENANCE Bond r Resolution Materials Bill of Sale , Once completed, please: ❑ Return original L d--) ❑ Return copy El Special Instructions: Attached is the Cash Bond for Maintenance provided to the Utilities Department for Sunbelt Rentals at 3901 W. 1St Street for the City extended utilities constructed in association with the development. Also included is the Bill of Sale for the materials used. Please advise if you have any questions regarding the above. Thank you! sa— From Date R� ,,���Mpv P R O P E R T I E S Merrifield Patrick Vermillion October 28, 2019 James Sampson Canco 2502 Frontage Park Place Plant City, FL 33563 RE: Sunbelt Rentals —Sanford, FL Dear James: Ken Chapman Partner 704-561-5238 kchapman@mpvre.com Please find enclosed the original Cash Bond form, along for 820,643.03 for the above referenced project. Please hand deliver this formealnd check to Richard Blake with the City of Sanford. We also need you to pick up the original bond that our insurance company issued, which was forwarded t o Richard last week. We need this form returned to us as soon as possible, so we can have that bond cancelled with our insurance company. Also enclosed is the original Maintenance Bond. Please hand deliver this form to Marlon Hooks with the City of Sanford Public Works. If you have any questions, please let me know. Thank you. Sincerely, Ker Chapman You can see my bio on cur web site at http> wi,vw.m—pvre.comlabout-i- lour-tea1n/ken-chapmal 2400 South Boulevard, Suite 300 Charlotte, NC 28203 T 704.248.2100 F 704.248.2101 www.mpvre.com Water and Sewer Facility Maintenance Agreement (For Use with Cash Bond) This Agreement is made and entered into this 28 day of October, 2019 between MPV SBR Sanford, LLC, hereinafter referred to as "PRINCIPAL" and the CITY OF SANFORD, a municipality of the State of Florida (hereinafter referred to as the "CITY"), whose address is 300 North Park Avenue; Sanford, Florida 32771. Witnesseth: Whereas, the PRINCIPAL has constructed certain water and sewer facility improvements including lines, pipes, pumps, and related facilities and other appurtenances, in that certain development located at 3901 W 1St St Sanford, FL 32771 more described by Seminole County Property Appraiser Parcel ID# 28-19-30-506-0000- 012A, a Plat of which is recorded in Plat Book 1, Pages 86, Public Records of the City of Sanford, Florida; and Whereas, the aforesaid water and sewer facilities and improvements were made pursuant to certain plans and specifications dated 11/28/2018, (as subsequently revised or amended) and filed with the CITY; and Whereas, the PRINCIPAL is obligated to protect the CITY against any defects resulting from faulty materials or workmanship of said water and sewer facilities and improvements and to maintain said improvements and facilities for a period of three (3) years from October 28, 2019 and Whereas, to guarantee performance of said obligations by the PRINCIPAL, PRINCIPAL has obtained and furnished to the CITY, (cash/Certified Check/ Money Order) in the sum of Twenty Thousand Six Hundred Forty Three DOLLARS and Three CENTS ($20,643.03) (in U.S. currency). Now, Therefore, the CITY, agrees to accept the above referenced sum as security for the maintenance obligation of the PRINCIPAL. The PRINCIPAL, its heirs, executors, successors and assigns, jointly and severally agrees to be held and firmly bound to the CITY in the sum of Twenty Thousand Six Hundred Forty Three DOLLARS and Three CENTS ($20,643.03) on the condition that, if the PRINCIPAL shall promptly and faithfully protect the CITY against any defects resulting from faulty materials or workmanship of the aforesaid water and sewer facilities and improvements and maintain said water and sewer facilities and improvements for a period of three (3) years from October 28, 2019, then this obligation shall be null and void, otherwise it shall remain in full force and effect. The CITY 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 the PRINCIPAL shall have to correct said defect. Should the PRINCIPAL fail or refuse to perform or correct said defects within the time specified, the CITY 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 utilize the cash sum stated above to pay the cost thereof including, but not limited to, engineering, legal and contingent costs. Further, the CITY, 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 CITY, 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 CITY should exercise and give effects to such right, the PRINCIPAL shall be obligated hereunder to reimburse the CITY 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 not be released or assigned without the written consent of the CITY. In Witness Whereof, the parties to this Agreement have caused their names to be affixed hereto by the proper officers thereof. Wit ess Attest: Traci Houchin, City Clerk For use and reliance of the Sanford City Commission only. Approved as to form and legality. L. Colbert City ttorney K, Principal: MPV SBR Sanford, LLC By: MPV Properties, LUP its Manager Date Notary Public State of Florida Janet M. Often! M Commission GG 150883 Clty p]fijpires 117/11/2021 Jeff Triplett, Mayor WATER AND WASTEWATER UTILITIES BILL OF SALE MPV SBR Sanford, LLC, a North Carolina Limited Liablity Company located at 2400 South Blvd Charlotte NC 28203 County of Mecklenburg, State of North Carolina, hereafter known as the SELLER, for and in consideration of the sum of One ($1.00) Dollar and other valuable consideration paid to SELLER by City of Sanford, a political subdivision of the State of Florida, hereafter known as the BUYER, receipt of which is hereby acknowledged does grant, sell, transfer, convey, and deliver to BUYER all pipes, lines, gate valves, valve boxes, fittings, thrust blocks, hydrants, pump stations, and other goods and equipment which comprise the water, wastewater, and reclaimed water systems installed by SELLER and located on the following public easements, rights-of-way, or tracts as shown on the record drawings, more specifically described as follows: PROJECT: Water line modifications in Central Park Drive and in ST 46 at Sunbelt Rentals 3901 ST 46 Sanford, FL 32771 (See Attached Legal Description) BUYER shall have all rights and title to the goods in itself and its assigns. SELLER warrants that it is lawful owner of the goods and the goods 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 claims and demands of all persons. IN WITNESS WHEREOF, SELLER has executed this BILL OF SALE at GyO'A #IVA ,Lbar^ 0ffC AA - 7,9W on this 2 "' day of G e 1- 2-0 L q ADDRESS: Yqo W , gr`loff% NC 2 (SEAL) SELLER U r- Per8'Cs�' ITS:✓" BY: j1;:-U3 Mvrr ATTEST: ITS: City of Sanford B-3 Utility Department9991 INDtate of Florida nin GG 150883 021 Sunbelt 10/17/2019 Enter proposal number. POTABLE WATER ITEM # 1 2 3 DESCRIPTION 8" TAP WITH TAPPING SLEEVE & VALVE 8" GATE VALVE ASSEMEBLY 8" DR -18 PVC QUANTITY I 1 5 UNIT EA EA LF UNITPRICE $7,445.45 $1,605.78 $46.32, TOTAL $7,445.45 $1,605.78 $231.60 SUBTOTAL $9,282.83 SEWER ITEM # I 2 DESCRIPTION DOGHOUSE MANHOLE 8" PVC SDR 26 QUANTITY 1 52 UNIT EA LF UNIT PRICE $10,239.72 $21.62 TOTAL $10,239.72 $1,124.24 SUBTOTAL $11,363.96 RECLAIM ITEM # 1 1 2 3 4 5 14" DESCRIPTION 16"X4" TAP WITH TAPPING SLEEVE & VALVE 4" C900 DR18 PVC PURPLE 411 METER ASSEMBLY & METER BOX FITTI NG &ACCESSORY GATE VALVE ASSEMBLY QUANTITY 1 71 1 2 1 UNIT EA LF EA EA EA UNITPRICE $13,562.23 $18.18 $9,215.55 $273.20 $1,121.29 TOTAL $13,562.23 $1,290.78 $9,215.55 $546.40 $1,121.29 SUBTOTAL! $25,736.25 CHANGE ORDERS WITHIN CITY ROW ITEM # 1 2 DESCRIPTION CO #1 RECLAIM MAIN DEFLECTION* CO #2 WATER MAIN DEFLECTION QUANTITY 1 UNIT EA EA UNITPRICE $33,788.10 $23,043.99 TOTAL $33,788.10 $23,043.99 *Change order bond amounts were calculated as total change order amount less OH&P, Testing, & M.O.T. SUBTOTAL $56,832.09 GRAND TOTAL $103,215.13 REQUIRED BOND AMOUNT (20%) $20,643.03 Page 2 of 2 -- STATE' 91 FLORIDA.-. APPMNENCINEERING,LLC - FBPF N2t 32174 A eo: REMITTER PAYEE: AMOUNT: CASHIER'S CHECK CUSTOMER COPY MPV Properties LLC City of Sanford 20643.03 FEE: 0.00 SERIAL NUMBER: 937400829 MEMO: DATE: TIME: CENTER: OPER ID: CASHBOX: CAPITAL CASHIER'S CHECK ,w -BANK Remitter: MPV Properties LLC Pay to the Order of: City of Sanford Twenty Thousand Six Hundred Forty Three Dollars And 03/100 ¢ Memo: 11'93?40082911' 1:064 20 13 241: Corporate Controller 10/25/2019 11:42 AM 9374 29966 1319 937400829 DATE: 10/25/2019 X PLANNING & DEVELOPMENT SrERVIGES TRANSMITTAL MEMORANDUM "f"4 City Clerk r. -a 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 ❑ ® MAINTENANCE Bond ❑ Resolution Once completed, please: ❑ Return original ❑ Return copy El Mayor's signature Recording Rendering Safe keeping (Vault) Special Instructions: Attached is the Maintenance Bond for Sunbelt Rentals at 3901 W. lst Street for the open cut patch completed on Central Park Drive. It addresses the cost of the patch required to City Standards per Schedule N. It is intended for 20% of the cost of the improvements. Please advise if you have any questions regarding the above. Thank you! From Date Bond No. 602-122732-2 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 MVP SBR Sanford, LLC of 2400 South Blvd., Ste. 300, Charlotte, NC , referred to as the DEVELOPER and Cypress Gulf DevelopgntCorporation of200Forest Lakes Blvd. S.,Oldsmar, FL ,referred to as the CONTRACTOR and of Morristowr7suranNi ompany ,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 address is 300 North Park Avenue, Sanford, Florida 32771, in the full and just sum 0�11,712.60> One Thousand Seven Hundred Eighty -Two DOLLARS, 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 relayed improvements in or around the CITY, Mil and Resu improvements Within the Right -of -Way known and identified as follows: central Park Dr. at the Sunbelt Rentals, 3901 ST 46, Sanford, FL 32771 with the approval of the CITY under the provisigns, conditions, and requirements of the development plan approval granted the 10 day of 2.,0 10 , 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 and to maintain said improvements for a period of three (3) years from the day of October 24 2019 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 Yf day of a011ir, z0o, 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 Page 1 of 3 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 hereunder to 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 24th day of October 2019 ADDRESS: MV BR Sanford, LLC (SEAL) 2400 South Blvd., Ste. 300 DEVI " '1 rr ,-c- �' Charlotte, NC BY: ITS:es (IF A CORP T� N) e-- ATTEST:,,� ITS: Page 2 of 3 ADDRESS: Cypress Gulf Development Corporati07SEAL) 200 Forest Lakes Blvd. S. CONTRACTOR l Oldsmar, FL 34677 BY: 6- IG ITS: (IF A CORPORATION) ATTEST: Q ITS:_ � ADDRESS: United States Fire Insurance Company(SEAL) 305 Madison Avenue SURETY Morristown, NJ 07960 ,,o BY: ITS: ATTORNEY-IN-FACT- Mark D. Pichowski ATTEST: ITS: Secretary Attest City of Sanford, Florida Traci Houchin, City Clerk Jeff Triplett, Mayor For use and reliance of the Sanford City Commission only. Approved as to form and leg i r4illiam L. Colbert, City Attorney A- dAl 4A�4 Page 3 of 3 POWER OF ATTORNEY UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE- MORRISTOWN, NEW JERSEY 00983401319 KNOW ALL MEN BY THESE PRESENTS: That United States Fire Insurance Company, a corporation duly organized and existing under the laws of the state of Delaware, has made, constituted and appointed, and does hereby make, constitute and appoint: Nfark D. Pichowski, Nancy Sheinberg, Todd George each, its true and lawful Attorney(s)-In-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver: Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require, and to bind United States Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurance Company at its principal office, in amounts or penalties not exceeding: Seven Million, Five Hundred Thousand Dollars ($7,500,000). This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind United States Fire Insurance Company except in the manner and to the extent therein stated. This Power of Attorney revokes all previous Powers of Attorney issued on behall'of the Attorneys -In -Fact named above and expires on January 31, 2020. This Power of Attorney is granted pursuant to Article IV of the By -Laws of United States Fire Insurance Company as now in full force and effect, and consistent with Article III thereof, which Articles provide, in pertinent part: Article IV, Execution of Instruments - Except as the Board of Directors may authorize by resolution, the Chairman of the Board, President, any Vice -President, any Assistant Vice President, the Secretary, or any Assistant Secretary shall have power on behalf of the Corporation: (a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements; (b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the seal of the Corporation. Article III, Officers, Section 3.11, Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds, guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed, facsimile, lithographed or otherwise produced. In addition, if and as authorized by the Board of Directors, dividend warrants or checks, or other numerous instruments similar to one another in form, may be signed by the facsimile signature or signatures, lithographed or otherwise produced, of such officer or officers of the Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto affixed this 25`h day of March, 2019. UNITED STATES FIRE. INS%URANC,E COMPANY t f3 • t} Anthony R. Slimowicz, Executive Vice President State of New Jersey) County of MOITIS ) On this 25'h day of March 2019, before me, a Notary public of the State of New Jersey, came the above named officer of United States Fire Insurance Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of United States Fire Insurance Company thereto by the authority of his office. l SONIA SCALA t i.` t twtfLt-.`l NOTARY PUBLIC STATE OF NEW JERSEY Sonia Scala (Notary, Public) NO. 2163686 MY COMMISSION EXPIRES 3/2.5/2024 I, the undersigned officer of United States Fire Insurance Company, a Delaware corporation, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy is still in force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of (Inited States Fire Insurance Company on the 24t&y ofOctobepo 19 UNITED STATES FIRE INSURANCE COMPANY ®ri Al WrWil. Senior Vice President