775-Monterey OaksBILL OF SALE
KNOW ALL MEN BY THESE PRESENTS: That MONTEREY OAKS JOINT
VENTURE (hereinaRer referred to as the DEVELOPER), br and in consideration oft. he
sum often and no/100 ($10.00) Dol|ars and other good one yahruble considerations to it
paid by the CITY OF SANFORD~ SEMINOLE COUNYY, FLORIDA (here~nsfter
referred to as the CITY), has granted, bargained, sold, tx~__nsferrecl, set over and d~livered,
and by th~se p~s does grant, bar2si~; s~tL transfer, s~ over and deliver unto th~
CITY, its successors and a.ssi~, all those certain goods ant, chattels d~'ribed as
follows:
Water, reclsirned water and sewer systems constructed within the c~mmon
areas as shown and describcd on the plot of Mon,terey OakS, Subdivision,
Ci~ of Sanford, Seminole County, Floric~
TO HAVE AND TO HOLD the sam~ unto the CITY, its st, ccessors and assigns forgv~r.
And the DEVELOPER hereby warrams said water, reclaimed water and sewer service
systems to be free ti'om ddects due to installation and or mat=rials for a period of twenty-
four (24) months from the da.~.e of execution ofthis doctun~m and DEVELOPER fuRher
agrees to reimburse the CITY in full for reasonable and necessary repairs (as deteanined
by th~ CITY); due to said defects during the twenty-four (24) rnon~ period: cost ofsarrw
shall be set out on an invoice t~om the person performing the repairs.
: 1999.
See attachment A for Water, Reclaimed Water and Sewer Inventory As-Built.
ATTEST
CERTIFICATE OF COMPLETION
THIS IS TO CERTIFY THAT THE INFRASTRUCTURE FOR THE DEVELOPMENT OF:
Monterey Oaks Subdivision Phase I;
CONSTRUCTED BY: Neal Development Corporation
BUSINESS ADDRESS: 3203 Lawton Road Suite 126 Orlando F1.
HAS BEEN COMPLETED IN ACCORDANCE WITH THE APPROVED ENGINEERING
DOCUMENTS IN A FORM AND MANNER ACCEPTABLE BY THE CITY OF SANFORD,
FLORIDA.
CONTRACTOR: Blue Ox
BUSINESS ADDRESS: 235 Longwood Street Longwood Florida
RECEIVED;
YES
..X .....
NO NA
MAINTENANCE BONDS
RECORD DRAWINGS
EASEMENTS/DEDICATIONS
PLAT
ENGINEER'S CERTIFICATE
OFS
APPROVED;
OFFICIAL E
LAND SERV ~07 339 4839 P. 3 ,
-9-'29-1999 2:39PM
FROM BLUE OX
M'A~,%~'~ IN7~ .Wl~ff~4A~l~ ~!,~'~f,~f~f~'&". Bond ~'S IG0000]6-MN
STREETS, CURBS & DRAINAGE
KNOW AL~MEN BY TI~BSB PRESENTS, THAT .............
B1je, 0x ~nS'Servi~'es,'~nc.' "'~f ~SH~wood " FL. ""
~e'ferred to as ~he C6NT~AC~6~ amd M0~jfBa~ten' s~.ety ~o. '
Pennsylvania .,heroinafter called ~he'SUR~I~ are
held 'and firmi~bou~d ~o'the CiTY OF SANFORD, a politlc~l subdivision
of the Etate of Florida, whose address is 300 North Park. Av us,and
Sanford, Florida 32771, in the ~M~I and just sum of Th~rtyl'F~.ye ~ous
. . . ..~S._. ($~5, .-! . ., _. DOLLARS, lawful
E{gh~ Kundred Eighty ix .
money of the United States of America, to the payment of whicB sum, well
and truly to be made, the~$8$8 CONTRACTOR, AND SURETY bind
themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents.
WHEREAS, the DEVELOPER caused the CO~TRAF~ ~ i~' ~l& ' e
water, wastewater, reclaimed water syste~s~ ~or' ~er
improvements in or ,a~d phe CITY, knoWn .nd identified as follows:
. MPntere7 9aks ~ with
~h, approval of' the' cIT~" uMer"' the "br&viSi0n~', '~ondlt~onS, .... and,
requirements of the.develo ment plan a!~proval granted the
of ......_ ' "'
WHEREAS, the ~" '~ "~'" contrac~or%$$$obllgatedto pro~ect the
city against any defects ~esulting from faulty materials or workmanship
sa~d ~pro smelts for a period of
of said improvements and to maintain ~e
· r
two years from the 24th day og S e ]999
NOW THEREFOPa~, THE CONDITION OF THIS 0BLIGATIGN IS ~UCH that if the
~CONTRACTOR shall promptly and ~aithfully protect the City
against amy ~efects, correct all defeots in the aforesaid improvements,
maintain the aforesaid improvements and fully indemni~y the City of
Sanford for all loss the City of Sanford may sustain by reason of any
de~ec= in materials, cons~ruc=~on or failure on the part of the
E .... i.'_ I contractor to fully maintain said im~rovemenbs, including
but not limited to the water, wastewater, and recla~medwater systems,
for a period of two (2) years from the da~e of issuance of the
Certificate o'f Comple~ion by the CITZ, which shall be the 2~th _
day of September ~00] , and ~he Contract°r'lDays
~osts and e~penses inCid~l"to':the perromance of any work re~p/~red to
be performe~hereunder, then this obligation shall ~e void; otherwise to
remain in full ~orce and effect.
The CITY shall notify ~the ....... CONTRACTOR in wrlting of any
de~ects for which the '~?a~88S~CO~CTOR are responsible and ~halI
specify in said notice a reasonable perloS of time which L~_L Ill _
CONTRACTOR shall have to correct said defects.
The SURETY unconditlonally covenants and agrees that iE the
~ CONTRACTOR fails to perform, within the time specified by
'the City, the SURETY, upon thirty (30) days writte~ notice fro~ the
CITY, or its authorized agent or officer, of default, will forthwith
correc~ such defect or defects and pay the cost thereof, including, but
~ot limited to engineering, legal, and 9ontin~ent costs.
B~ 1
· ~-29-'1999 2:~OPN FRON BLUE GX LAND SERV ~e7 339 4839 P-~
FURTHERMORE, should the SURETY fail or refuse to correct said
defect or defects, the CITY in View of the publi~ interest, health~
safety, welfare, and other factors involved, and the consideration in
approving said development plans, shall have the right to resort to any
and all legal remedies against the 18888, CONTRACTOR, and SURETY,
either individually or together, both at law and in eqUity, includln~
specifically, suecif~c ~erformance to Which the ~ CONTRACTOR,
and SURETY unconditionally agree. ~
The ~88888888, CONTRACTOR, and SURETY further jointly and severally
agree that the CITY at its option, shall have the right to correct said
defect or defects resultin~ from faultly materials or workmanship, or
pur~ant to public advertisement and receipt of bids, c~use to be
corrected said defect or defects in case the 18N88888~ CONTRACTOR
shall fail or refuse to do so, and in the event the CITY should exercise
a.d give effect to such rig~', the ~888, CONTRACTOR, and SURETY
shall be jointly and severally responsible hereunder to reimburse the
CITY the total cost thereof, including, but not limited to, engineering,
legal, and contingent cost, togetherwlth any damages, either direct or
indirect, which may be sustained on account of the ~ailure of the
~ CONTRACTOR, or SURETY to correct said defects.
IN WITNESS WHEREOF, ~he
executed these presents this
1st
CONTRACTOR, and SURETY have
,,. day of O~ob~r , .,1999..
ADDRESS:
235 N. LonEwood Av.
LonEwood, FL 32750
:T4:E.?:W~s~i~fdn St.
Orlando, FlI.3280]
Blue Ox Land _ e vices
Hountb~tten Su'rety
ra W-Aldinger
. ITSlwitness
B-2
WASTEWA'EER UTILITIES, STREETS, DRAINAGE & CURBS
MAINTENANCE (MATER~LS AND WORKMANSHIP WARRAIWFY) BOND
KNOW BY ALL MEN BY THESE PREIENTS, that Clmrlgs Keller, tim Sggndmy
of'MONTEREY OAKS INC~,asggngral partngr of MO~ OAKS JOINT VENTURE, a
Florida Gmumg P~ (the "Dovolope' is held and finnly bound unto rig CITY OF
BANFORD, a political subdivision of fig 8tato ofYlorida, whos~ addRms is 300 North Park
Avenue. 3snford. Florida 32771. fffmly by th~tns~t~
WHEREAS, the DEVELOPER causeA Bluc Ox Land 8ervio0s, Ine. (th~
"Coatragtor~ to iratall mist water, wastgwator, r~hlrm,d wamr sysem, attics, ourbs and
draizmgc. and / or othff related improvegaB in or around ~ CITY. brown and ide,gifiod as
lollova:
MONTEREY OAKS, with th~ ~I~roval of th~ CII~' md~ th~ provisions, coaditiom, ~
rcquitem~ of the d~velopmeat plan approval 8ramlu111~ 2g~ day of January 1999 by the
CITY.
WHEtLEAS, the DEVELOPER and Contractor am obligatgd to protoct the CITY
against any deltas rgsultiag from faulty matcxiab or workmamlfip of said im~rovomonls and
to maintain said improvgmgnts for a igriod of two years from the 29th day of S6pt0mber
1999_ and. in this r~gard. DEVELOPER has c-~.~tse~al t~e Caxtractor and T~ lVl~.mtbatten
Surly Compaay, Inc. (fi~ "Su~y'~ to issu~ that c~ain Main~c~ BoM (Bond No.
S 1G0O001(~MN) &t~a S~pWmb~r 19, 1999 ~ t~ ~ of $3~,336.00.
NOW, THEREFORE, tic eoMitt'~n ofthis obligation is such tlat if
DEVELOPEK or Contractor shah lxompfiy md faithfully protoot the CITY against any
cteXce~ correct all d~f¢cts in tim ion,said impmvmmnls, maintain ttm afoR.,sald
improvnn=nts and fillly ~ify the City of Sanford for all io~s th~ City of Sanford may
.sumin by r~soo of any defect in materials, ~ett or failure on the part ef
DEVELOPER or Corgmaor to fully mainlain s~d iml~ov~m[,!, iacludin& but not lim;~d
tO, rig water, wastewlR~, atld re, clnime, dwat6r ~ ~ ~attd dr'ARage,.
poriod of two (2) years from the date of mum~ oftrg Cmifieat~ of Completion by tlg
CITY, which shall !g fig 29 th day of !k~a:mb~, and th~ DEVELOPER pa3~ any ami all
costs and exlgm~s haitmUl to the lgrfomme~ of any work raquir~d to
h~namdm-, th~n this obligation slall bo void; othorwiae to romain in full forc4~ and ~ffcct
FUF,~t ~lmald th~ 3ut~ty fail or rchc to corngt said defect cf defects,
th~ CITY in vicw of fit; public intcr~t, heal~ safety, wotfa~ and other facton involv~t,
and the cm,~idcr~on in npprov~ said dcvclot~c~ plato. shall bav~ the r~ht to rt~rt to
affy and all lcgal ~ ag=h,,~ tho DEVELOPER. Coa~ ~ Sm. oty. dth~
individually or together, both at law and in ~lffit~, iacl~liag spccific~y, spce~¢
l~rfonnane~ to --vhieh tl~ DEVELOPER aSnet
The DEVELOPER, toS~er with the C, ontraet0r. aw~ Survey, further jolly ~
~y ~ ~ ~ C~ ~ ~ ~fio~ ~ ~ ~e ~ to e~ ~d ~t or
~d ~ ~M~ ~ ~ ~ ~~ ~d ~ ~ ~ ~ ~ ~ DE~LOP~ ~
C~c~r ~aiJ fail ~ ~e to do so, ~d ~ ~ ~t ~ C~ sh~ld ~e ~d ~v~
~e~ w ~ d~ ~e D~O~ to~ ~ ~ C~t~ ~ S~, ~H b=
~~ ~ not ~ ~, ~~ 1~ nd ~nt~S ~s~ ~ ~ffi ~
ADDRESS:
MONTEREY OAKS JOIYr VENTURE, a Florida
Gemeral Pa~hn, shjp by: MONTEREY OAKS, INC.
'744. Highlatut Aw
Orlando, FL 32803
By:
Title:
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this 5th day of October,
1999, by Charles Keller as Secretary of Monterey Oaks, Inc., who is personally known to me and who
did not take an oath.
E i eth A~/t~
E I
Notary Public '
Serial Number CC748733
THE MOUNTBATTEN SURETY COMPANY, INC.
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS: That The Mountbatten Surety Company, Inc., a corporation of the Commonwealth of Pennsylvania,
has made, constituted and appointed, and by these presents does make, constitute and appoint
BARBARA W. ALDINGER, GERALD K. SIHLE AND/OR KENNETH G. SIHLE ALL OF ALTANONTE SPRINGS,
FL
its true and lawful Attorney-in-Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, undertakings and other instruments of a similar nature as
follows:
NOT TO EXCEED SIX MILLION DOLLARS ($6,000,000.00)
Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney-in-Fact, shall be binding upon
the said Corporation as fully and to the same extent as if signed by the duly authorized officers of the Corporation and sealed with its corporate seal; and all the acts of
said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and continned.
This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Corporation on August 28, 1992 with all
Amendments thereto and are still in full force and effect:
"Article XII: Policies, Bonds, Recognitions, Stipulations, Consents of Surety, Underwriting Undertakings, and Instruments Relating Thereto.
Section 12-1. Insurance policies, bonds, recognitions, stipulations, consents of surety and underwriting undertakings of the Corporation, and releases, agreements and
other writings.relating in any way thereto or to any claim or loss thereunder, shall be signed in the name and on behalf of the Corporation: a) by the Chairman of the
Board, the President or a Vice President, and by the Secretary or an Assistant Secretary; or b) by an Attorney-in-Fact for the Corporation appointed and authorized by
the Chairman of the Board, the President, or a Vice President to make such signature; or c) by such other officers or representatives as the Board may from time to
time determine.
The seal of the Corporation shall if appropriate be affixed thereto by any such officer, Attorney-in-Fact or representative. The authority of such Attorney-in-Fact and.
Agents shall be as prescribed in the instrument evidencing their appointment. Any such appointment and all authority granted thereby may be revoked at any time by
the Board of Directors or by any person empowered to make such appointment."
IN WITNESS WHEREOF, The Mountbatten Surety Company, Inc. has caused these presents to be duly signed and its corporate seal to be hereunto affixed and duly
attested this 241h day &June, 1998.
· - ~ ~SSa~~ Attest:, Secretary
Co ns
County of Montgomery
Kenneth L. BrierlPresident
On this 241h day of June, 1998, before me personally appeared Kenneth L. Brier, President of The Mountbatten Surety Company, Inc. with whom I am personally
acquaint,~.d; WhO, being by me duly sworn, said that he resides in the Commonwealth of Pennsylvania, that he is President of The Mountbatten Surety Company, Inc.,
.."thd corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the said Corporation; that the seal affixed to said
::. inltrument 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 ther~i'o as President of said
", ',' COrporation,by like au[hority. ~~_.Z~' ~-~d-
CERTIFICATE
I, the undersigned S~cretary of The Mountbatten Surety Company, Ine. do hereby certify that the original Power of Attorney of which the foregoing is a full, true and
correct copy, ~iS in full force and effect on the date of this Certificate and I do further certify that the Officer who executed the said Power of Attorney was one of the
Officers authorized by the Board of Directors to appoint an Attorney-in-Fact as provided in Section 12-1 of the By-Laws of The Mountbatten Surety Company, Inc.
This Certificate may be signed and sealed by facsimile under and by authority of the following provisions of the By-Laws of The Mountbatteu Surety Company, Inc.:
"Section 12-2. The use of a printed facsimile of the corporate seal of the Corporation and of the signature of the Secretary or an Assistant Secretary on any
certification of the correcthess of a copy of an instrument executed by an authorized person pursuant to Article XII, Section 12-1 of the By-Laws appointing and
authorizing an Attorney-in-Fact to sign in the name and on behalf of the Corporation surety bonds, underwriting undertakings, or other instruments described in said
Section 12-1, with like effect as if such seal and such signature had been manually affixed and made."
In Witness Whereof, I have hereunto set my hand nd affixed the corporate seal of the Corporation to these presents
this ]st dayof Oct:ober 199~ '
' ' 0 6
Thii Zattomey is only valid with Code # 'S'I G000 1 -HIq and the original, red stamp affixed hereto.
(seal) Gary L~/
(Stamp)