2166 Maintenance Bond - HCME LLC Jon M. Hall Co.PLANNING & DEVELOPMENT SERVICES
`❑RANSMI'TTAL MEMORANDUM
To: City Clerk
E: 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
Special Instructions:
❑
Mayor's signature
❑
Recording
❑
Rendering
®
Safe keeping (Vault)
Attached is the Maintenance Bond for HCME LLC for utility infrastructure work within the
City's rights-of-way. It has been reviewed and approved by Richard Blake, City Utility Engineer.
Please advise if you have any questions regarding the above.
Thank you!
V�A
cG0,4Al3 �,9 1
-20I
From Date
Bond No.: SUR0056944
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 HCME, LLC of
Longwood, FL , referred to as the DEVELOPER and
Jon M. Hall Company, LLC of Longwood , FL , referred to as the CONTRACTOR and Argonaut insurance
Of Chicago , 1L ,hereinafter called the SURETY, are held and firmly bound unto Company
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 of $35,687.39 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 related improvements in or around the CITY,
known and identified as follows: HCME - New Office Bldg/Complex at 1400 Martin Luther King Jr Blvd
with the approval of the CITY under the provisions, conditions, and requirements of the
development plan approval granted the 2nd day of November, 2018 ,
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 November 27 , 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 27th day of November, 2019 ,
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-wriften. noticeJromAhe-CIIY,-GLits-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 27th _ day of November 2019 .
ADDRESS:
Page 2 of 3
SEAL)
ADDRESS:
1920 Boothe Circle, Suite 230
Longwood, FL 32750
(IF A CORPORATION)
ATTEST- ,
ITS:
LLC (SEAL)
ADDRESS: Argonaut Insurance Company (SEAL)
225 W. Washington St., 24th Floor SURETY
Chicago, IL 60606
BY:
ITS: A NEY-IN-FACT Clinton J. Diers
AT-[
ITS:
Attest
6m(�'M' DAN I OWIPPK
Traci Houchin, City Clerk
For use and reliance of the Sanford
City Commission only.
Approved as to form and legality.
City Aft6mey
/= it A
City of Sanford,
Jeff Triplett,
Page 3 of 3
Argonaut Insurance Company
Deliveries Only: 225 W. Washington, 24th Floor
Chicago, IL 60606
United States Postal Service: P.O. Box 469011, San Antonio, TX 78246
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existing under laws of the State
of Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint: CHntO 4lei's
Surety Bona No.: SU R0056944
Principal: Jon M. Hall Company, LLC
Obligee: City of Sanford V
Their true and lawful agent(s) and attorneys) -in -fact, each in their separate capacity if more than one is named a t ecutc, seal and deliver for
and on its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and gs in suretyship provided,
however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of:;.
$50.000.000.00 a v
This Power of Attorney is granted and is signed and sealed under and by the authority of the
Argonaut Insurance Company:
by the Board of Directors of
"RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice Preffd —Secretary, Treasurer and each of them hereby is
authorized to execute powers of attorney, and such authority can be executed by use of ! Wile s ature, which may be attested or acknowledged by any
officer or attorney, of the Company, qualifying the attorney or attorneys named in the givof attorney, to execute in behalf of, and acknowledge as
the act and deed of the Argonaut Insurance Company, all bond undertakings andYsuletyship, ttractand to affix the corporate seal thereto."
IN WITNESS WHEREOF, Argonaut Insurance Company has caused its of_Iici to be hereunto affixed and these presents to be signed by its duly
authorized officer on the 8th day of May, 2017.
"'11400tt", Argonaut Insurance Company
�+ NS1tJ1Rg4,''.
%
z�3:,, ts4a gz by
aRcu••'� �`,' Joshua C. Betz, Senior Vice President
STATE OF TEXAS
COUNTY OF HARRIS SS:
On this 8th day of May, 2017 A.D., be ` e me, Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified,
came THE ABOVE OFFICER O , to me personally known to be the individual and officer described in, and who executed the
preceding instrument, and he ac k ` ged the execution of same, and being by me duly sworn, deposed and said that he is the officer of the said
Company aforesaid, and th the se ffixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his
signature as officer wer my ixed and subscribed to the said instrument by the authority and direction of the said corporation, and that Resolution
adopted by the Board ire ct of said Company, referred to in the preceding instrument is now in force.
IN TESTIMON - W OF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written.
KATHLEEN M. MEEKS
a� �s Notary Public. State of Texea „ y�
Comm. Expires 07-15-2021 s tt1 J tiL -M. "kl7
`�nlllnv'� NotarY ft) 557902-8
(Notary Public)
I, the undersigned Officer of the Argonaut Insurance Company, IIlinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which
the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked.
IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the 27th day of November 2019
'c°�GP►7t�rn�.
9848 ..',2�
��;•' �~ JamesBluzard, Vice President -Surety
IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL (210) 321- 8400.