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730-Mayfair Club BILL OF SALE WATER AND WASTEWATER FACILITIES Maronda Homes, Inc. of Florida, a Florida Corporation, located at 4005 Maronda Way, Sanford, FL 32771, County of Seminole, State of Florida, hereafter known as the SELLER, for and in consideration of the sum of One ($1.00) Dollar and other valuable consideration paid to SELLER by City of Sanford, a political subdivision of the State of Florida, hereat~er known as the BUYER, receipt of which is hereby acknowledged does grant, sell, transfer, convey, and deliver to BUYER all pipes, Frees, gate valves, valve boxes, fittings, thrust blocks, hydrants, pump stations and other goods and equipment which comprise the water, wastewater, and reclaimed water systems installed by SELLER and located on the following public easements, rights-of-way, or tracts as shown on the record drawings, more spe~i~caily described as follows: PROJECT: MAYFAIR CLUB PHASE II (See Attached Legal Description) BUYER shall have all rights and rifle to the goods in itseft and its assigns. SELLER warrants that it is lawful owner of the goods and the goods are flee from all liens and encumbrances. SELLER has good right to sell the goods and will warrant and defend the fight against the lawful claims and demands of all persons. SELLER BY: SAMUEL L. KATANICH, EN MAINTENANCE (MATERIALS AND WORKMANSHIP WAKRANTY) BOND K/qOW ALL MEN BY THESE PRESENTS, THAT MARONDA HOMES, INC. OF FLORID& A Florida Corporation, referred'to as the DEVELOPER is held and firmly bound unto the CITY OF SANFORD, a political subdivision of the State of Florida, whose address is 300 north Park Avenue, Sanford, Florida 32771, in the full and just sum of $25,043.00 DOLLARS, lawful money of the United States of America, to the payment of which sum, well and truly to be made, the DEVELOPER binds himself, his heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the DEVELOPER caused to have installed certain streets, curbs and storm drainage systems, signs, street lights, water, wastewater, reclaimed water systems and/or other related improvements in or around the CITY, known and identified as follows: MAYFAIR CLUB SUBDIVISION PHASE II with the approval of the CITY under the provisions, conditions, and requirements of the development plan approval granted the 27t~ day of March, 1997 by the CITY. WHEREAS, the Developer is obligated to protect the City against any defects NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that is the DEVELOPER shall promptly and falthifily protect the City against any defects, correct all defects in the aforesaid improvements, maintain the aforesaid improvements and fully indemnify the City of Sanford for all loss the City of Sanford may sustain by reason of any defect in materials, construction or failure on the part of the Developer to fully maintain said improvements, including but not limited to the streets, curbs and storm drainage, water, wastewater, reclaimed water systems, for a period of two (2) years from the date of issuance of the Certificate of Completion by the CITY, which shall be the day of ,1998, and the DEVELOPER pays any and all costs d ~xpenses 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 in writing of any defects for which the DEVELOPER is responsible and shall specify in said notice a reasonable period of time which DEVELOPER shall have to correct said defects. FURTHERMORE, should the DEVELOPER fail or refuse to correct said defect or defects, the CITY in view of the public interest, health, safety, welfare, and other factors involved, and the consideralton in approving said development plans, shall have the right to resort to any and all legal remedies against the DEVELOPER, at law and in equity, including specifically, spedtle performance to which the DEVELOPER unconditionally agrees. The DEVELOPER agrees that the CITY ~at its option, shall have the right tO correct said defect or defects resulting from faulty matexials or workmanship, or pursuant to public advertisement and receipt of bids, cause to be corrected said defect or defects in eas~ the DEVELOPER shall fail or refuse to do so, and in tbe event the CITY should exercise and give effect to such fight, the DEVELOPER shall b~ responsible hereunder to reimburse the CITY the total cost thereof, including, but not limited to, engineering, legal, and contingent cost, together with any damages, either direct or indirect, which may be sustained on account of the failure of the DEVELOPER to correct said defects. ADDRESS: DEVELOPERz 4005 MARONDA WAY MARONDA HOMES, INC. OF FLORIDA SANFORD, FL 32771