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2533 Budget Amendment $50,000 to increase the Stormwater Repairs & Maintenance Fund=z This Instrument Prepared By And Return (If Recorded)To: Deborah Cole, P.E. Utilities Engineer City of Sanford City of Sanford 300 North Park Avenue Sanford, Florida 32771 Tax Parcel Identification Number(s): 28-19-30-506-0000-0250 BOND NO.: 016240766 CITY OF SANFORD DEVELOPMENT ACTIVITIES PERFORMANCE BONDIGENERATOR FOR LIFT STATION RELATING TO CARTER ACQUISTIONS DP KNOW ALL MEN BY THESE PRESENTS, that we, Rinehart Road Owner, LLC, as Principal, and Liberty Mutual Insurance Company, as Surety, whose addresses are set forth below, 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, (the "City") in the penal sum of Eighty-two Thousand Three Hundred Fifty-six AND 00/100THS Dollars ($82,356.00), 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, Rinehart Road Owner, LLC, the Principal, is a Delaware and Florida limited liability company - partnership, is the record title owner of certain land described, generally, and known as Tax Parcel Identification Number(s): 28-19-30-506-0000-0250 (the "subject property"); and WHEREAS, the City has issued authority to the Principal to develop real property within the City Limits of the City which development includes the matter set forth herein (the "Development Approval") which is described as follows: Providing working utility facilities including, but not limited to, a generator to supply needed utility services to the lift station constructed on the subject property and which is an element of the overall development of the subject property. ME WHEREAS, the Principal requested that the City approve the development of the subject property by means of a development order as may be recorded in Official Records of Seminole County and which is in and part of the records of the City and hereby made a part of this Performance Bond; and WHEREAS, as a condition to obtaining the Development Approval, the Principal is required in accordance with controlling City codes, ordinances and regulations to 1 1 Page provide a performance bond in favor of the Obligee in an amount that is ONE HUNDRED AND TWENTY-FIVE PERCENT (125°1x) of the actual cost for permanent generator improvements and costs determined to be needed by the City as well as to install a temporary generator to the satisfaction of the City. NOW, THEREFORE, THE CONDITION OF THE OBLIGATION IS SUCH, that if the Obligee shall within one (1) year of the date of lift station start up approval by the City or the date of the full execution of this Performance Bond, whichever occurs first, install a permanent generator for the development in accordance with City codes, ordinances, rules and regulations all to the satisfaction of the City. 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 Approval and this Performance Bond, the Obligee has the right to demand and receive payment by the Surety of the amount due to the Obligee up to the face amount of this Performance Bond by letter signed by the City Manager, or designee, stating that the Principal has defaulted on obligation to the Obligee and this Performance Bond, which obligation was a condition of approval; or institute an immediate suit against the Surety to recover the full amount of this Performance Bond for the purposes of completing the obligation set forth herein should the Obligee not receive full payment within thirty (30) days of the date of the letter from the City Manager, or designee, to the Surety together with all City costs and attorney's and litigation fees and costs at all levels of the legal process. NOTICE TO THE OBLIGEE that this Performance Bond will expire prior to performance of the Principal's obligations shall be deemed a default. Notices under this Performance Bond shall be directed to the City Manager at the City Hall of the City of Sanford. Notices and to the Principal and Surety to their mailing addresses as set forth below or, if not provided, 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 Performance Bond 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 obligation. 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 obligation required by the this Performance Bond, the Principal shall be liable hereunder to pay the Obligee, any sums required to complete the obligation hereunder including, but not limited to, legal and contingent costs, together with 2 1 Page 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 Performance Bond. Notice to the Obligee that this Bond will expire prior to performance of the Principal's obligations shall be deemed a default. SIGNATURE BLOCKS FOLLOW: 3 1 Page ATTEST: a4n� Cal___ Signature Of Witness/Attesting Officer Printed Name: A-0&Vv1 P n tcG-fZ Printed Title: V kCC RMS I DUJ I PRINCIPAL RINEHART R AD OWNER, LLC Signature Of Authorized Sinatory Printed Name: 'D - innp Printed Title: A d S Adress: �P 6- -,Tn�r, Av-P Signature Of Witness Printed Name: Samve-i Getuo ACKNOWLEDGEMENT STATE OF Ole -c -(�,O- COUNTY OF bCX,d10,C, HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared � D, artrDpr who is pers a n n to me or { } who produced n Q as identification and s/die cknowledged before me that sAQexecuted the same. Sworn and subscribed before me, by said person by means of {physical presence or { } online notarization on the et day ofi kAOJT_c, 2023, the said person did take an oath and was first duly sworn by me, on oath, said person, further, deposing and saying that s/o has read the foregoing and that the statements and allegations contained herein are true and correct and that s/he executed the document with full and plenary legal authority. WITNESS my hand and official seal in the County and State last aforesaid this ' day of t lown*)rec , 2023,said(Notary being specifically intended to be an additional witness. `ate Q����g910V � •. A� i (� Q; o �9 o :� �•� — - Notary Public; State of rjio. o'• UB\'\� gyp:' e = (Affix Notarial Seal) :, �• :;�!ARY•3�;= �,`��: Printed Name: My Commission Expires 1-7-10 Z ADDITIONAL SIGNATURE BLOCKS FOLLOW: 4 1 Page rIRM41 l S.i.gnatur-b Q -Wit ess/Attesting Officer Printed Name: Joseph R. Williams Printed Title: Account Executive SigQture,i t ri.&ds Printed lime% "Joseph R. Willi STATE OF GEORGIA C«Z�111► � ii���I;���l iiZ�] SURETY/ LIBERTY MUTUAL INSURANCE COMPANY Signat're Of Authorized Signatory Printed Name: Annette Wisong Printed Title: Attorney in Fact Adress: One Concourse Parkway Suite 700 Atlanta, GA 30327 ACKNOWLEDGEMENT HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared Sarah Hancock who is personally known to me or {x} who produced 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 6 day of November, 2023, 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 and that s/he executed the document with full and plenary legal authority. WITNESS my hand and official seal in the County and State last aforesaid this 6 day of November, 2023 raid Notary being specifically intended to be an additional witness. 1'v Z ? > dao 2 o Notary Public; State of Georgia o 4�78L\G- (Affix Notarial Seal) " %`.T0& n'2o;�:o�a w' Printed Name: Sarah Hancock R Ca���"' My Commission Expires October 4, 2026 Nj �9`'`X ADD�1bNAL SIGNATURE BLOCKS FOLLOW: 5 1 Page ACCEPTED BY: ATTEST.- Giuliahla Pieras "I 'ngg and Development Clerk Approved as to form and legal sufficiency. filtifm-t. 'Colb� ErE i ity Attorney o me &t4 - 6 1 Page CITY OF SANFORD: By: ,4 J'a4 =--:� Eileen Hinson, AICP Director of Planning/Administrative Official Date: 9 �.6 This Power of Attorney limits the acts of those named herein, and they have no authority to T bind the Company except in the manner and to the extent herein stated. Liia►ertX Liberty Mutual Insurance Company Mutual: The Ohio Casualty Insurance Company Certificate No: 8209929-969078 West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the 'Companies), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Annette Wisong; Joseph R. Williams; Rebecca E. Howard; Sarah Hancock all of the city of Atlanta state of GA each individually if there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 13th day of April 2023 Liberty Mutual Insurance Company Pv ,NstjP01i INS&,p � �fistupq The Ohio Casualty insurance Company J oµFOr,r� yr yJ GORPORR, `9y aP°o+�ORgr�y� West American Insurance Company 1912 n o 1919 2U 1991 n : Al d viE Y�JlpssacnuS�fiaD y0 xAMes"`� �_ V By: Co 03 David M. Carey, Assistant Secretary Cr =3 W State of PENNSYLVANIA :3County of MONTGOMERY ss o On this 13th day of April 2023 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance m Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by sianino on behalf of the coroorations by himself as a dulv authorized officer. fro O WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. Cornmonwea11ha1Penn5Yt+'aTMa•Wary Seal Teresa Paslella. Notary Public Montgnnu:ry• Cw: rty t Nly commission eV res March 2E, 2025 B Comm'wi°n number 1126644 y .,- eresa Paste Member. PenrsyPaania As�:ciat oiof Ystares This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV — OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys4n-fact, subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as it signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified ropy of any power of attomey issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this to day of-&o-lttrwtitA , ZOZ9 pv 1NSL� AVSV INS�Q a°t'POr Z � � `iota Q3 Foci 1912 0 1919 4 �o �� SACHUS .ab � HAM7S da LMS -12973 LMIC OCIC WAIC Multi Co 02/21 ,� ttasugq PG°�OA�t yc+ 3 Fo tri 1991 0 d By: Renee C. Llewellyn, Assistant Secretary E � N < O O `—N O00 O N 1 M 06 to C to 0 co 0 CITY OF SkNFORD PLANNING & DEVELOPPA ENT SERVICES DEPARTMENT 'l � I IRAMSMMAL F. e City Clerk E: Request for Services The item(s) noted below is/are attached and forwarded to your office for the following ❑ Development Order ❑ action(s): Mayor's ❑ Final Plat (original mylars) F1 signature Recordin F] Letter of Credit ❑ g Rendering ❑ Maintenance Bond ® Safe Ordinance keeping (Vault) �-❑y ❑ Performance Bond Resolution ' 04. ; D co Once completed, please: ❑ Return original Return copy Special Instructions: 0 4tr1;.i Please advise if you have any questions regarding the above. Thank you! � � \ � sr1 Y"4•�` � `.CI F�zfd�m T:\Dept forms\Transmittal form ?9[z Date