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2214 MPV SBR Sanford, LLC�,tFCkg�ywa FINANCE DEPARTMENT Tuesday, March 17, 2020 TO: Mayor/City Clerk E: WATER AND SEWER MAINTENANCE AGREEMENT (cashier's check) MPV SBR Sanford, LLC- Parcel ID 28.19.30.506.000.012A The item(s) noted below is/are attached and forwarded to your office for the following action(s): ❑ Development Order L I Mayor's signature ❑ Final Plat (original mylars) ❑ Recording F� Letter of Credit Maintenance Bond ❑ Rendering Safe keeping (Vault) ❑ Ordinance] Deputy City Manager ❑ Performance Bond ❑ Payment Bond ❑ Resolution rF-1City p� Manager Signature 4 ,�C-> ,_J City Clerk Attest/Signature _ City Attorney/Signature Once completed, please: Return originals to Purchasing- Department ❑ Return copies 1-1 Special Instructions: Mc,r y Oro z From SharePoint_Finance_Purchasing_Forms - 2018.doc AL 0 FINANCE DEPARTMENT March 17, 2020 Contract/Agreement Name: WATER AND SEWER MAINTENANCE AGREEMENT (cashier's check) MPV SBR Sanford, LLC - Parcel ID 28.19.30.506.000.012A Approval: Purchasing Manager L,--' Date Finance Director 2 12 City Attorney Date Date 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 with a cashier's check for $20,643.03 for the above referenced project. Please hand deliver this form and 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 to 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, Ken Chapman You can see my bio on our web site at http://www.mpvre.com/about-us/our-team/ken-char)manz 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. Principal: MPV SBR Sanford, LLC By: MPV Properties, LLgits Manager IN J. $r�dley Murr, Date: Wit ess Attest: %Notary Public State of Florida / Janet ;M. Gtteni com scion GG 150883 city oMpires 11!2021 (0\, Cw &0. Traci Houchin, City Clerk T For use and reliance of the Sanford City Commission only. ¢ `l i Approved as to form and legality. ZJ L. Colbert City Attorney N WATER AND WASTEWATER UTILITIES BILL OF SALE MPV SSR 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 G-qoab14IVA iar"�o�{@ /Uc.$2�3 , on this 25�`' day Of ADDRESS:00 !D D �Lv , CG1grL��ae /UC Z�zo3 (SEAL) SELLER OY PA PV Pr, erb'ts _ITS: BY: ATTEST: ITS: City of Sanford B-3 REi ate of FloridaUtility Department i GG 150863 21 Sunbelt 10/17/2019Enter proposal numb r. APPIAN El ?'14 (',� I E i HP4 (J', POTABLE WATER ITEM # 1 2 3 DESCRIPTION 8" TAP WITH TAPPING SLEEVE & VALVE 8" GATE VALVE ASSEMEBLY 8" DR -18 PVC QUANTITY 1 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 # 1 2 DESCRIPTION DOGHOUSE MANHOLE 8" PVC SDR 26 QUANTITY 1 52 UNIT EA LF UNITPRICE $10,239.72 $21.62 TOTAL $10,239.72 $1,124.24 SUBTOTAL $11,363.96 RECLAIM ITEM # 1 2 3 4 5 DESCRIPTION 16"X4" TAP WITH TAPPING SLEEVE & VALVE 4" C900 DR18 PVC PURPLE 4" METER ASSEMBLY & METER BOX F ITTI N G & ACCESSORY 14" 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 # 2 DESCRIPTION CO #1 RECLAIM MAIN DEFLECTION* CO #2 WATER MAIN DEFLECTION* QUANTITY 1 1 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' Q1 FLORIDA.,- APPMENGINEERING,LLC - I-11PE. N9, 32174- 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: CASHIER'S CHECK APP TAL,�IPP"1111"' Al Remitter: MPV Properties LLC Pay to the Order of. City of Sanford Twenty Thousand Six Hundred Forty Three Dollars And 03/100 ¢ Corporate Controller 11'9374008 2911' 1:061, 20 13 241: 97400071V° 10/25/2019 11:42 AM 9374 29966 1319 937400829 DATE: 10/25/2019