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2225 AMH Development - Celery Cove - Performance Bond BOND RETURNED JAN 2024V0FLORIDA " X57 1s�1 ' PLANNING & DEVELOPMENT SERVICES TRANSMITTAL MEMORANDUM To: City Clerk RE: 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) El Attached is the Performance Bond for Celery Cove Subdivision for completion of the final one inch (1 ") of asphalt for the roadway. It is intended for 110% of the cost of the improvements. Please advise if you have any questions regarding the above. Thank you! From S�lct -20ZD Date l PLANNING & DEVELOPMENT SERVICES TRANSMITTAL, MEMORANDUM T: City Clerk RE: 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 FA Return copy El Special Instructions: Mayor's signature Recording Rendering Safe keeping (Vault) Attached is the Performance Bond for Celery Cove Subdivision for completion of the final one inch (1") of asphalt for the roadway. It is intended for 110% of the cost of the improvements. Please advise if you have any questions regarding the above. Thank you! �c4�OCL, a -lc\,5 1A From 19 - 20zo Date KNOW ALL MEN BY THESE PRESENTS: Bond No. 107157403 That we, AMH Development, LLC hereinafter called the "Principal', and Travelers Casualty and Surety Company of America, 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 $34,770.00 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 Celery Cove has covenanted and agreed with the City of Sanford to construct roads, streets 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 1st day of October, 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 1st day of October 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 either, both PERFORMANCE BOND Page 1 of 2 T:\Development Review\04-Engineering\Bonds\Performance Bond Roads.docx at law and in equity, including specifically specific performance, to which the Principal and Surety unconditionally agree. 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 14th day of February, 2020. ADDRESS: 30601 Agoura Rd., Suite 200 Agoura Hills, CA 91301 ADDRESS: 401 Lennon Lane Walnut Creek, CA 94598 AMH Development, LLC (SEAL) ► '_ BY: "(% ITS: (IFA COR�P TION) ATTEST.' Travelers Casualtv and Su SURETY Company of America (SEAL) BY: - _ ITS: Attorney -In Fact Susan M. Exline (IF A CORP9,f ATION) ATTEST,Y,�//,,/�'(,,'"„% ITS: Surety Power of Attorney) PERFORMANCE BOND Page 2 of 2 T:\Development Review\04-Engineering\Bonds\Performance Bond Roads.dou ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Contra Costa On February 14. 2020 before me, Gillian C. Bhaskaran, Notary Public (insert name and title of the officer) personally appeared Susan M. Exline who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hand and official seal. GILLIFlNC.B - Calif rlia y Notary Public-Caliiomia ContraCostaCounty p j: Commission 9 2196923 My Comm. Expires May 13 2021 Signature eal) • z y � o � C � z K rA l+J CL Z ul ." ° odcn � p � � N CD K CD n ° �a M � Travelers Casualty and Surety Company of America AWSk Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Susan M Exline of LAFAYETTE California , their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. OY AHS f pi�,cwwn CQ rte.esbt NyL'r 'AF M State of Connecticut ` By:'%" City of Hartford ss. Robert L.Raney, Se lose r Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. a My Commission expires the 30th day of June, 2021tlJ�.R t *jao * Mane C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 14th day of February 12020 E)t CONK �*err A,yoe0) U 6 Kevin E. Hughes, Assistant Secretary To verify the authenticity of this Power ofAttorney, please call us at 1-800-421-3880. Please refer to the above-named Attorney -in -Fact and the details of the bond to which the power is attached.