Loading...
2330 HFB Celery Ave LLC - Performance/Maint BondsTo: 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 Z Mayor's signature ❑ Final Plat (Original Mylars) ❑ Recording ❑ Letter of Credit ❑ Rendering Z Maintenance Bond Z Safe keeping (Vault) 7 Ordinance ❑ Z Performance Bond 7 Resolution Once completed, please: n Return original F-1 Return paper copy 1-1 Special Instructions: Please find attached the Performance Bond for the final lift of asphalt and the maintenance bond for Celery Avenue modifications and bypass piping for the Celery Oaks Subdivision. Please advise if you have any questions regarding the above. Thank you! VVJL Vl�(" Michael Cash ° --Z(-Zoz I Date m 0 q I I �� 0 11 11, 11 h I I I -«.. Bond No.: LICX1165858 KNOW ALL MEN BY THESE PRESENTS: That we, HFB Celery Avenue, LLC, hereinafter called the Principal, and Lexon Insurance Company, 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 $98,053.96, 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 Oaks Subdivision 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 plan and specifications being dated 13th day of May 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 development plans and plans and specifications dated the 30th day of March, 20 23, or within two (2) 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 developments plans and plans and specifications with the time therein specified then this obligation to 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 developments 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 Performance Bond Page 1 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 the 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 30th day of March 1 .,2021. HFB Celery Avenue, LLC (SEAL) Address: 605 Commonwealth Ave. Orlando, FL 32803 By: Aeon Its (if corporation) Attest: Its J (if corporate n) Lexon Insurance Company (SEAL) a David B. SVi—ck, Attorney -in -Fact & Licensed FL Resident Agent #A241176 (Attached Surety Power of Attorney) Performance Bond Page 2 Attest Ovk4MIA, MHO ► RRM Traci Houchin, City Clerk For use and reliance of the Sanford City Commission only. Approved as to form and legality. William L. Colbert, City Attorney City of Sanford, Florida Performance Bond Page 3 POWER OF ATTORNEY 10644 Lexon Insurance Company KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its statutory home office in Austin, Texas, does hereby constitute and appoint: David B. Shick, Brandy Baich its true and lawful Attorney(s)-in-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON INSURANCE COMPANY on the 1 st day of July, 2003 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $5,000,000.00, Five Million Dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attomey-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In - Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Assistant Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 22nd day of June, 2018. ACKNOWLEDGEMENT LEXON INSURANCE COMPANY BY Brian Beggs President On this 22nd day of June, 2018, before me, personally came Brian Beggs to me known, who be duly sworn, did depose and say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. "JIM11" AMY TAYLOR Notary Public- State of Tennessee Davidson County My Commission Expires 5-9-2023 -s-M V w. CERTIFICATE BY a� Amy Pylor Notal Public 1, the undersigned, Assistant Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the forgoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Seal at Mount Juliet, Tennessee this 30th Day of March 2021 zs� BY Andrew Smith r Assistant Secretary "WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files and application for insurance of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which Is a crime and subjects such person to criminal and civil penalties." Celery Oaks Off Site / Turn Lane Earthwork/Grading/Sod $ 3,788.00 Stabilized Subgrade $ 2,527.47 Lime Rock $ 9,617.41 Asphalt $ 13,671.13 Subtotal $ 29,604.01 Storm - 60" Bypass System 60" Pipe $ 142,333.20 Manholes $ 22,628.40 Connection to Existing Headwall $ 5,800.00 New Headwall at Existing Ditch $ 11,993.39 Subtotal $ 182,764.99 3 Year Mainteance Bond Total $ 212,359.00 MAINTENANCE BOND 20% $ 42,471.80 2nd Lift of Asphalt - 11791 SY @ $7.56 $ 89,139.96 PERFORMANCE BOND 110% $ 98,063.96 FISOX oc SrVe 0,, Kim Fischer, P.E. #56942 3/23/2021 ROADWAY AND DRAINAGE FACILITIES Bond No.: LICX1165859 KNOW ' ALL MEN BY THESE PRESENTS, THAT HFB Celery Avenue, LLC of Orlando, FL ,referred to as the DEVELOPER and Lucas Site Development, LLC of Winter Park, FL , referred to as the CONTRACTOR and Lexon Insurance Company of Mt. Juliet, TN ,hereinafter called the SURETY, are held and firmly bound unto 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 Forty Two Thousand Four Hundred Seventy One and 80/100 U.S. DOLLARS ($42,471.80), 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 roadway, sidewalks and drainage facilities, and/or other related improvements in or around the CITY, known and identified as follows: Off -Site / Turn Lane Improvements for Celery Oaks Subdivision with the approval of the CITY under the provisions, conditions, and requirements of the development plan approval granted the 1 r day of May , 2019 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 ts` day of April , 2021 . 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 roadway, sidewalks and drainage facilities, for a period of three (3) years from the date of issuance of the Certificate of Completion by the CITY, which shall be the 1st day of April , 2021, 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 D/CONTRACTOR fails to perform,within the time specified bvthe City, the SURETY, upon thirty (3O)days written notice from the CITY, or its 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 contingen costs. FURTHERMORE, should the SURETY fail or refuse to m}nent 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 o\ona, Sh8U 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 kjointly and severally agree that the CITY at its oobon, shall have the right to correct said defect ordefects resulting from fau|dv 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 uu, and in the event the CITY should exercise and give effect to such right, the OEVELOPER. CONTRACTOR, and SURETY shall be jointly and severally responsible hereunder to reimburse the CITY the total cost thereof, ino|uding, but not limited to, engineering, |oga|' and contingent coot, together with any damages, either direct or indirect, which may be sustained on account Of the failure Of the DEVELOPER, CONTRACTOR, oxSURETY \ocorrect said defects. IN WITNESS WHEREOF, the [>EVEUOPER. CONTRACTOR, and SURETY have executed these presents this 3 Uh day of March , 2021 ADDRESS 605 Commonwealth Avenue HFB Celery Avenue, LLC (SEAL) Orlando, FL 32803 DEVELOPE C�' ~J l ADDRESS: 7917 Lake Waunatta Dr. Winter Park, FL 32789 ADDRESS: 12890 Lebanon Road Mt. Juliet, TN 37122 Attest AW Traci Houchin, City Clerk (SEAL) CONTRACTO ITS: ((�A CORPORAT14'ues'eb X- 5 — ATTES;� Lexon Insurance Company (SEAL) SURETY BY: David B. Shick , Attorney -in -Fact & Licensed FL Resident Agent #A241176 ATTEST:,, - Witness City of Sanford, Florida , Mayor For use and reliance of the Sanford City Commission only. Approved as to form and legality. (William L. Colbert, City Attorney TAROADS AND SIDEWALKS\BondsWaintenance Bond for City Owned Roads-Drainage.doc POWER OF ATTORNEY 10644 L.exon Insurance Company KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its statutory home office in Austin, Texas, does hereby constitute and appoint: David B. Shick, Brandy Balch its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON INSURANCE COMPANY on the 1 st day of July, 2003 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $5,000,000.00, Five Million Dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attomey-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney-ln- Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Assistant Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 22nd day of June, 2018. LEXON INSURANCE COMPANY C� �SEAL� V r ACKNOWLEDGEMENT BY �a. Brian Beggs President On this 22nd day of June, 2018, before me, personally came Brian Beggs to me known, who be duly sworn, did depose and say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. TAYL '�S AMY TAYLOR '• - Notary Public- State of Tennessee ' Davidson County My Commission Expires 5-9-2023 CERTIFICATE BY J0jtAq404kW Amy ylor Notail Public I, the undersigned, Assistant Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the forgoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Seal at Mount Juliet, Tennessee this 30th Day of March 2021 E BY Andrew Smith 5'���.` *4 Assistant Secretary "WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files and application for insurance of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties." Celery Oaks Off Site/ Turn Lane Earthwork/Grading/Sod $ 3,788.00 Stabilized Subgrade $ 2,527.47 Lime Rock $ 9,617.41 Asphalt $ 13,671.13 Subtotal $ 29,604.01 Storm - 60" Bypass System 60" Pipe $ 142,333.20 Manholes $ 22,628.40 Connection to Existing Headwall $ 5,800.00 New Headwall at Existing Ditch $ 11,993.39 Subtotal $ 182,764.99 3 Year Mainteance Bond Total MAINTENANCE BOND 20% 2nd Lift of Asphalt - 11791 SY @ $7.56 PERFORMANCE BOND 110% 0c; 8'4r. 0Rio i Kim Fischer, P.E. #56942 3/23/2021 $ 212,359.00 $ 42,471.80 $ 89,139.96 $ 98,053.96