2342 HFB Celery Ave - perf bond - LICX1165863 - Bond Returned 3/8/22This Instrument Prepared By
And Return (if Recorded)To:
Amye King, AICP
Director of Planning
City of Sanford
300 North Park Avenue
Sanford, Florida 32771
Tax Parcel Identification Number(s):
2342
Bond No.: LICX 1165863
CITY OF SANFORD DEVELOPMENT ACTIVITIES PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, that we, HFB Celery Avenue, LLC, as
Principal, and Lexon Insurance Company, as Surety, are held and firmly bound unto the
CITY OF SANFORD, FLORIDA, a Florida municipality, whose mailing address is City
Hall, 300 North Park Avenue, Sanford, Florida 32771, as Obligee, in the penal sum of
TWENTY -THOUSAND ONE HUNDRED AND SEVENTY SIX AND 80/100 U.S. Dollars
($20,176.80), lawful money of the United States of America, for the payment of which well
and truly be made, we do bind ourselves, our heirs, executors, administrators, successors
and assigns, jointly and severally, firmly by these presents.
WHEREAS, HF13 Celery Avenue, LLC, the Principal, is a FL Corporation, is the
record title owner of certain land described in that Special Warranty Deed recorded in
Official Records Book 9535, Page 1481-1483 of the Public Records of Seminole County,
Florida; and
WHEREAS, the City of Sanford have issued authority to the Principal to develop
and construct a subdivision known as Celery Oaks Plat/Subdivision including but not
necessarily limited to the following development approvals ("Development Approvals"):
Celery Oaks Plat.
WHEREAS, the Principal requested that the City of Sanford approve the final
approval of the Celery Oaks Plat/Subdivision prior to the completion of all improvements
that are required by the Development Approvals as shown and depicted on or in the
development order(s)/plan(s)/document(s)/plat which is/are attached hereto and made a
part of this Performance Bond.
WHEREAS, as a condition to obtaining the final approval of the Celery Oaks
Plat/Subdivision approval by the City of Sanford, the Principal is required in accordance
with the City's Land Development Regulations to provide a performance bond in favor of
the Obligee in an amount that is one hundred and twenty percent (120%) of the total
estimated cost of the Celery Oaks Plat Dog Park improvements.
NOW, THEREFORE, THE CONDITION OF THE OBLIGATION IS SUCH, that if
the Principal shall construct, or cause to have constructed, the Celery Oaks Plat Dog Park
11 Page
improvements described herein and if all required fees have been paid to Obligee and if
all provisions, specifications, standards and other regulations currently in effect have
been complied with and shall save the Obligee harmless from any loss, cost or damage
by reason of its failure to complete the said improvements and associated obligations,
then this obligation shall be null and void; otherwise it shall remain in full force and effect.
The Principal shall contact the Obligee for an inspection of the work site relating to the
improvements not more than thirty (30) days prior to the one (1) year after acceptance by
the Obligee. If such inspection disclosed no failures or unaccomplished obligations, then
this Bond shall be released; otherwise it shall remain in full force and effect.
WITH REGARD TO DEFAULT, the Principal and Surety jointly and severally
understand, in the event the Principal fails or refuses to complete the obligations required
by the Development Approvals and this Bond, the Obligee has the right to:
(1) demand that the Surety promptly remedy the default; or
(2) demand payment by the Surety of the amount due to the Obligee up to the
face amount of the Bond by letter signed by the City Manager, or designee, stating that
the Principal has defaulted on obligations to the Obligee and this Bond, which obligations
were a condition of approval; or
(3) institute an immediate suit against the Surety to recover the full amount of
this Bond for the purposes of completing the obligations set forth herein.
NOTICE TO THE OBLIGEE that this Bond will expire prior to performance of the
Principal's obligations shall be deemed a default. Notices under this Bond shall be
directed to the City Manager at the City Hall of the City of Sanford. Notices to the Principal
and Surety shall be to their mailing addresses as set forth in the records of the Florida
Department of State or the best available information available to the City of Sanford as
determined by the City of Sanford.
THE PRINCIPAL AND THE SURETY jointly and severally understand that failure
to complete the obligations due to the Obligee and this Bond in accordance with any time
periods set forth in the Development Approvals or herein, or at the latest, to commence
or recommence completion of the obligations within thirty (30) days after written notice by
the Obligee to do so, shall be deemed to be a failure or refusal to complete such
obligations.
THE PRINCIPAL AND THE SURETY also understand that in the event the
Obligee elects to institute suit against the Surety and the funds recovered thereby prove
insufficient to complete the obligations required by the this Bond, the Principal shall be
21 Pa g e
liable hereunder to pay the Obligee, any sums required to complete the obligations
hereunder including, but not limited to, legal and contingent costs, together with any
damages, direct or consequential, which the Obligee may sustain because of the
Principal's failure to comply with all of the requirements hereof.
THIS BOND SHALL BE KEPT IN FULL FORCE AND EFFECT by the Principal
and surety at all times until released by the Obligee. In the event of any material change,
cancellation, expiration or non-payment of premiums, the Surety shall notify the City by
certified mail or registered mail, return receipt requested, at least thirty (30) days prior to
the effective date of the change, cancellation, or expiration of this Bond. Notice to the
Obligee that this Bond will expire prior to performance of the Principal's obligations shall
be deemed a default.
NOTES: (1). Write in the dollar amount of the bond.
(2). All bonds signed by an agent must be accompanied by a certified copy of
such agent's authority to act.
(3). Attorneys -in -fact who sign bonds must file with each bond a certified and
effectively dated copy of their power of attorney.
SIGNATURE BLOCKS FOLLOW:
3 1 P a g e
ATTEST:
Signatur-
Printed Name:
Printed Title:
F_'Tq
STATE OF FLORIDA
COUNTY OF SEMINOLE
PRINCIPAI, te__ leAvenue LLC
7t'
TRICIA MCDERMID
Signature
Printed Name:
OCOSL
Printed Title:
co-prklw;a:
I HEREBY CERTIFY that on this day, -b-Qfore-m.. e;ean-officer duly authorized to
administer oaths and take acknowledgments personally appeared
who is personally known to me or who pro-�uced-- as
identification and s/he acknowledged before me that s/he executed the same. Sworn and
subscribed before me, by said person by means of { } physical presence or { } online
notarization on the 11' dayofjto,,(, 2021, the said person did take an oath and was
first duly sworn by me, on oath, said person, further, deposing and saying that s/he has
read the foregoing and that the statements and allegations contained herein are true and
correct.
WITNESS my hand and official seal in the County and State last aforesaid this
day ofJLx_rq, 2021.
Notary Public; State 6f Florida
(Affix Notarial Seal)
Printed Name:
My Commission Expires
ADDITIONAL SIGNATURE BLOCKS FOLLOW:
4 1 P a g e
TRICIA MCDERMID
State of Florida -Notary Public
mission 4 GG 123487
Commission
My Commission Expires
July 14, 2021
Notary Public; State 6f Florida
(Affix Notarial Seal)
Printed Name:
My Commission Expires
ADDITIONAL SIGNATURE BLOCKS FOLLOW:
4 1 P a g e
A TTES T.- SURETY Lexon Insurance Company
----------
Signature Signature I -
Printed Name: Steven Schumacher Printed Name: David B. Shick
Printed Title: Witness Printed Title: Attorney -in -Fact
Licensed FL Resident Agent #A241176
ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF Hillsborough
I HEREBY CERTIFY that on this day, before me, an officer duly authorized to
administer oaths and take acknowledgments, personally appeared David B. Shick {X}
who is personally known to me or { } who produced N/A as identification and s/he
acknowledged before me that s/he executed the same. Sworn and subscribed before me,
by said person by means of {X} physical presence or { } online notarization on the 28th
day of May, 2021, the said person did take an oath and was first duly sworn by me, on
oath, said person, further, deposing and saying that s/he has read the foregoing and that
the statements and allegations contained herein are true and correct.
WITNESS my hand and official seal in the County and State last aforesaid this
28th day of May, 2021.
� \ r-, , I , A
Notary Public; State of Florida
(Affix Notarial Seal)
Printed Name:
My Commission Expires:
ADDITIONAL SIGNATURE BLOCK FOLLOWS:
5 Page
DANIELLE WHALEN
I ypo State OfFlorida-Notary Public
Commission # GG 274680
OF
MY Commission Expires
18, 2022
ec'e-
'be.r
� \ r-, , I , A
Notary Public; State of Florida
(Affix Notarial Seal)
Printed Name:
My Commission Expires:
ADDITIONAL SIGNATURE BLOCK FOLLOWS:
5 Page
A TTES T. -
CITY OF SANFORD:
William L. Colbert, Esquire
City Attorney
AlCP
6 1 P a g e
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 Attorneys) -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 Aftomey-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.
AMY TAYLOR
Notary Public- State of Tennessee
Davidson County
My Commission Expires 5-9-2023
CERTIFICATE
BY anAk"
Amy;eylor
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 28th Day of May 2021
SEAL
BY
Andrew Smith
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 - Dog Park Additions
Description
Quantity Unit
Amount
Total
Storm Drainage - Mob
I LS
2,050.00
2,050.00
Storm Drainage - Inlet
1 EA
3,300.00
3,300.00
Storm Drainage - RCP
72 LF
42.00
3,024.00
Storm Drainage - Delivery
1 LS
450.00
450.00
Storm Drainage - Layout/Asbuilt
1 LS
1,250.00
1,250.00
Storm Drainage - Tie into Existing
1 LS
1,400.00
1,400.00
Storm Drainage - Inspection/Cleaning
1 LS
$ 1,050.00
$
1,050.00
Subtotal
$
12,524.00
Fence Removal and Replacement
1 LS
$ 1,740.00
$
1,740.00
Subtotal
$
1,740.00
Landscape
Additonal Trees - Crepe Myrtles
3 EA
$ 205.00
$
705.00
Additonal Pine Bark Mulch
5 EA
$ 45.00
$
225.00
Irrigation
1 LS
$ 500.00
$
500.00
Subtotal
$
2,550.00
Performance Bond Subtotals
Performance Bond Amount + 20%
Kim Fischer, P.E#56942
16,814.00
20,176.80