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2243 Traditions at White Cedar - Final Lift of Asphalt (perf bond)To: City Clerk : Request for Services v, 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 El Special Instructions: Mayor's signature Recording Rendering Safe keeping (Vault) Attached is the Performance Bond for the final lift of asphalt paving at Traditions at White Cedar located at 251 S. White Cedar Road. It is for 110% of the cost of improvements. Please advise if you have any questions regarding the above. Thank you! VVa tI r r Z00 From Date To: Finance Department From: Mike Cash Email: michael.cash@sanfordfl.gov Subject: Bond information for CAE system Date: August 3, 2020 Dept.: Planning & Development Services Phone: 407.688.5148 Project Name: Traditions at White Cedar Project Address: 251 S. White Cedar Road Bond Type: o Maint./Agreement o Letter Of Credit o Cashier Check X Performance o Certified Check o Cash Bond o Cash Deposit o Construction Loan Agreement Bond number: 1900469 Bond Holder Name: M/I Homes of Orlando, LLC Amount: $43,516.00 Bond Holder Address: 400 International Parkway, Suite 470, Heathrow, FL 32756-5061 Bond Holder Phone: 407.531.5168 Email: dbrown(-,MIHomes.com Bond Obligation: Performance Bond for Final Lift of asphalt Surety Name: Capital Indemnity Corporation Surety Address: 1600 Aspen Commons, Suite 300, Middleton, WI 53562 Surety Phone: 800.475.4450 Effective Date: June 24th, 2020 (City's acceptance) Alarm date: June 201, 2023 (90 days prior to expiration date) Email: Expiration date: upon completion TADevelopment Review\04-Engineering\Bonds\2020\Traditions t White Cedar\Bond information - Traditions Final Lift Performance.doex • • •11,. J KNOW ALL MEN BY THESE PRESENTS: That we, M/I Homes of Orlando, LLC hereinafter called the "Principal", and Capitol Indemnity Corporation, 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 $43,516.00 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 Traditions at White Cedar has covenanted and agreed with the City of Sanford to construct the referenced infrastructure 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 8 day of October 2019, 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 8 day of October 2019, 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 PERFORMANCE BOND Page 1 of 2 T:y,Devi-,J,opn-,ent Reviev,`04 �n,ir?e� €Irla �Gti Sf �C or knee Bond i.a'Mas[r ICtUre.docx 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 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 24th day of June 20 20. ADDRESS: 440 International Parkway, #470, M/I Homes of Orlando, LLC (SEAL) Lake, Mary, FL 32746 PRINCIPAL o BY: �IT� A ITS: (IF A CORPORATION) ATTEST: ~t ITS: t -,---(j ADDRESS: Capitol Indemnity Corporation _(SEAL) 1600 Aspen Commons, Suite 300 --!i_URETY Middleton, W1 53562 BY:,rV IIA J(IY11)4X ) ITS: Attorney -In -Fact (IF A CORPORATION) ATTEST � S: (Attached Surety Power of Attorney) PERFORMANCE BOND Page 2 of 2 1 -:\Development Bond 1)fi'DSt1'UCtUr0.d0CX ERL1900469 Bond Number KNOW ALL MEN BY THESE PRESENTS, That the CAPITOL INDEMNITY CORPORATION, a corporation of the State of Wisconsin, having its principal offices in the City of Middleton, Wisconsin, does make, constitute and appoint ---------------------------------- RYAN BURKE; JULIEANN JOHNSTON; DENISE NELSON: KATHLEEN A. VANSOVICH----- —--------------- ----------- _---_.--_-k ------------------- _---.-__--_-_ MICHAEL WARD; DEBORAH L. WILLIAMS; STEPHANIE MCQUILLEN ------------ ----------------- its true and lawful Attomey(s)-in-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed, any and all bards, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority Mall exceed in amount the sum of ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED: $20,000,000.00 --------------------------------------- This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held on the 15th day of May, 2002. "RESOLVED, that the President, Executive Vice President, Vice President, Secretary or Treasurer, acting individually or otherwise, be and they hereby are granted the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings, and other writings obligatory in the nature thereof, one or more resident vice-presidents, assistant secretaries and attomey(s)-in-fact, each appointee to have the powers and duties usual to such offices to the business of this company; the signature of such officers and seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking or other writing obligatory in the nature thereof to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any of said officers, at any time:' In connection with obligations in favor of the Florida Department of Transportation only, it. is agreed that the power and authority hereby given to the Attomey-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is frilly understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least: thirty (30) days prior to the modification or revocation. IN WITNESS WHEREOF, the CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by its officer undersigned and its corporate seal to be hereto affixed duly attested, this Ist day of January, 2020. Attest: thihiaaihrrrrr CAPITOL INDEMNITY CORPORATION ,�`k``ttttti 11l,��fffffjf. Ryan J. Byrnes Senior Vice President, _ _ Chief Financial Officer and Treasurer t; �i John L. Sennott, Jr. ° Chief Executive Officer and President u� .Tri }��^ %/ff *......,. ....•R `� fff"��r+irtitnhhruhttt'�tt� Suzanne M. Broadbent Assistant Secretary STATE OF WISCONSIN COUNTY OF DANE J S•S•: On the 1st day of January, 2020 betbre me personally carne John L. Sennott, Jr., to me known, who being by me duly bwum, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is Chief Executive Officer and President of CAPITOL INDEMNITY CORPORATION, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. ,NmAW jR% R �a JPO . • David J. Regele STATE OF WISCONSIN �ca4 Notary Public, Dane Co., W1 COUNTY OF DANE 5.S.:,,r9„4a�`' My Commission Is Permanent I. the undersigned, duly elected to the office stated below, now the incumbent in CAPITOL INDEMNITY CORPORATION, a Wisconsin Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in full force and has net been revoked; and furthermore, that the Resolution of the Board of Directors, set forthin the Power of Attorney is now in force. Signed and sealed at the City of Middleton, State of Wisconsin this 24th day of June 2020 .......... Andrew B. Diaz-Matos Senior Vice President, General Counsel and Secretary THIS DOCUMENT HAS BEEN GENERATED FOR A SPECIFIC BOND. IF YOU HAVE ANY QUESTIONS CONCERNING THE AUTHENTICITY OF THIS DOCUMENT CALL 8004754450. CIC-ePOA-M (Rev. 01-2020) June 19, 2019 Michael Cash City ofSanford 300North Park Sanford, Florida 32771-1244 RE: TRADITIONS AT WHITE CEDAR Dear Mike: The bond amounts below (maintenance and performance) were derived from contracted costs for the construction ofTraditions otWhite Cedar: Sanitary 8" DR 2DSewer Main O-6' $11.600.90 8" DR 26 Sewer Main 6-8' $14.390.85 8" DR 28Sewer Main 8-1O' $4'352.40 Connect bnExisting Manhole wxdrupconnection S1.250.00 Single Services $3.252.04 Omub|eGervoimo $13.933.82 Sanitary k8HO-8' $0.581.01 Sanitary MH0-8' $11.806.77 Sanitary MH 840' $4.827.08 0evvobahng $11.970.00 Lonmping $2.500.00 Subtotal $89,556.37 Wet tap 4x8 $5,124-57 4^PVC VVabannain $22.670.75 4"ODC\AA $6.407.67 Misc. Ftosand Restraints $11.370.38 4^gate valve $3.726.24 Double Services $15`018.47 Single Services $1.710.99 4" Strainer $1.957.27 Testing and Chlorinate $1.750.00 Subtotal $69,745.34 Wet tap 1OnO $12,84052 6~PVC VVatennain $25,413.85 Misc. Ftgoand Restraint's $16.536.41 Fins Hydrants assemblies $13.106.18 G"Gate valve $1.332.65 Double Services $14,236.42 Single Services $2,286.72 Temp Jumper $1,743.67 ARV in concrete vault $8,702.58 Testing and Chlorinate $2,750.00 Remove old 10" water line $3,950.00 10" WM PVC DR18 $17,549.00 10x10 wet tap $17,406.98 10" Line Stops $19,380.76 Water Misc. Ftgs $14,159.19 Chlorination and testing $1,500.00 Subtotal $87,142.18 Total $246,444.89 3 yr maintenance bond 20% $49,288.98 2nd Lift of AC 4600 SY @ $8.60/SY $39,560.00 Performance Bond 110°/ti ,$43,16.00 If you have any questions please feel free to contact our office. Sincerely;,,, Cha'ivoryc{c. H. Moorhead, P J= President P.E. N6. 6178°I CHM/cbm h:Wata119003korkost-certif'icatian- City 6-19-19 xis 431 E. Horatio Avenue at Suite 260 m Maitland, FL 32751 m 407-629-8330 m FAX 407-629-8336