Loading...
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.