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