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1053-Bill of Sale Briar Cor STCWATER AND WASTEWATER UTILITIES BILL OF SALE The Briar Corporation A Florida Corporation, located at P.O. Box 470264, Lake Monroe, County of Seminole the State of Florida, Seller, for and in consideration of the sum of One ($1.00) Dollar and other valuable consideration paid to Seller by the City of Sanford a political subdivision of the State of Florida, Buyer, receipt of which is hereby acknowledged does grant, sell, transfer, convey and deliver to Buyer all pipes, thrust blocks, hydrants, equipment, lift stations and other goods which comprise the water and sewer system installed by Seller and located in the following City easements or rights -of -way as shown on record drawings, more specifically described as follows: PROJECT: The Marketplace @ Seminole Towne Center Legal Description: Section 32 Township 19 S Range 30 F Buyer shall have all rights and title to the goods in itself and its assigns. Seller warrants that it is the lawful owner of the goods and the goods are free from all liens and encumbrances. Seller has good right to sell the goods and will warrant and defend the right against the lawful claims and demands of all persons. IN WITNESS WHEREOF, Seller has executed this Agreement at The Briar Corporation, in the State of Florida on this 4th day of March , 2005. SIGNED, S ZLED AND DE VERB BY � ^' Vice President ob E. Harrell TITLE IN THE PRESENCE OF: WITNESS ATTEST: n P.O. Box 470264 • Lake Monroe, FL 32747 • 407 - 321 -277q State Certified Underground Utility Contractor #CUC040074 THE MARKETPLACE @ SEMINOLE TOWNE CENTER (WP Ball Boulevard) BILL OF SALE I. SANITARY a) manholes b) 8" PVC (SDR -35) II. WATER a) 10" PVC (DR -18) b) 6" PVC (DR -18) c) fire hydrant assembly III. REUSE a) 8" PVC (DR -18) b) 4" PVC (DR -18) c) 2" purple poly pipe 1 368 2589 171 6 EA LF LF LF EA 3,315.96 12.31 subtotal ... 15.59 8.88 2,219.84 subtotal ... 12.54 6.66 5.57 subtotal ... Total ... 2916 200 220 Authorized Signature rE.Harrell o / Vice President The Briar Corporation LF LF LF 3,315.96 4,530.08 7,846.04 40,362.51 1,518.48 13, 319.04 55,200.03 36,566.64 1,332.00 1,225.40 39,124.04 $102,170.11 C rN Z :Y ..J �7 CN cN P.O. Box 470264 • Lake Monroe, FL 32747 • 407 - 321 -2773 State Certified Underground Utility Contractor #CUC040074 THE MARKETPLACE @ SEMINOLE TOWNE CENTER (WP Ball Boulevard) COST ESTIMATE I. SANITARY a) manholes 1 EA 3,315.96 3,315.96 b) 8" PVC (SDR -35) 368 LF 12.31 4,530.08 subtotal ... 7,846.04 11. STORM a) manholes 4 EA 3,344.95 13,379.80 b) curb inlets 13 EA 4,497.60 58,468.80 c) 15" RCP 417 LF 18.84 7,856.28 d) 18" RCP 18 LF 22.71 408.78 e) 24" RCP 207 LF 29.35 6,075.45 f) 30" RCP 30 LF 39.43 1,182.90 g) 36" RCP 320 LF 46.32 14,822.40 h) 42" RCP 695 LF 61.14 42,492.30 i) 48" RCP 367 LF 71.6 26,277.20 j) 54" RCP 37 LF 83.51 3,089.87 subtotal ... 174, 053.78 III. WATER a) 10" PVC (DR -18) 2589 LF 15.59 40,362.51 b) 6" PVC (DR -18) 171 LF 8.88 1,518.48 c) fire hydrant assembly 6 EA 2,219.84 13,319.04 subtotal ... 55,200.03 IV. REUSE a) 8" PVC (DR -18) 2916 LF 12.54 36,566.64 b) 4" PVC (DR -18) 200 LF 6.66 1,332.00 c) 2" purple poly pipe 220 LF 5.57 1,225.40 subtotal ... 39,124.04 P.O. Box 470264 • Lake Monroe, FL 32747 • 407 - 321 -2773 State Certified Underground Utility Contractor #CUC040074 V. PAVING a) 12" stabilized subbase 18,910 b) 8" limerock 16,335 c) 2" type S -1 asphalt 16,335 d) 1" FC -3 overlay 16,335 e) 2' curb and gutter 5,115 f) median curb 2,605 g) 3' valley gutter 625 h) traffic seperator 650 i) 5' sidewalk 2,350 j) guardrail (W beam) adjacent to ponds 1,465 with anchor assemblies Authorized Signature �« /�� f� ✓ oft rt E. Harrell Vice President The Briar Corporation SY 2.77 SY 7.30 SY 5.98 SY 4.06 LF 7.37 LF 9.27 LF 11.66 SF 4.09 LF 9.53 LF 23.13 subtotal . . Total... $52,380.70 17 $119,245.50 $97,683.30 $66,320.10 $37,697.55 r ` $24,148.35 $7,287.50 u- $2,658.50 0 $22,395.50 c•! $33,885.45 $463,702.45 $739,926.34 CERTIFICATE OF COMPLETION THIS IS TO CERTIFY THAT THE INFRASTRUCTURE FOR THE DEVELOPMENT OF: The Market lace at Seminole Town Center CONSTRUCTED BY: North American Properties BUSINESS ADDRESS. 1080 Holcomb Bride Road Building 200 Suite 150 Atlanta GA. 30076 HAS BEEN COMPLETED IN ACCORDANCE WITH THE APPROVED ENGINEERING DOCUMENTS IN A FORM AND MANNER ACCEPTABLE BY THE CITY OF SANFORD, FLORIDA. CONTRACTOR: The Briar Corporation BUSINESS ADDRESS: P.O. Box 470264 Lake Monroe Florida 32747 RECEIVED: YES NO NA X _ _ MAINTENANCE BONDS OF S 147,985.00 X RECORD DRAWINGS - - - - X _ EASEMENTS /DEDICATIONS X _ PLAT X _ ENGINEER'S CERTIFICATE X HOA DOCUMENTS APPROVED: - - Iq*"'e- _ / 7 /� / s - UTILITIES - — - - - DATE - - I>1 -�(loC - b_f _ PUBLIC DA E EERING & PLANNING DATE AD ISTRATIVE OFFICIAL DATE Mar 02 2005 1:40PM City of Sanford Planning 407 330 5679 WATER AND WASTEWATER UTILITIES ROADWAY AND DRAINAGE FACILITIES p.2 MAINTENANCE (MATERIALS AND WORKMANSHIP WARR ANTY) BOND KNOW ALL MEN BY THESE PRESENTS, THAT PrQaer-tiies of Atlanta ,GA ,referred to as the DEVELOPER and The Briar Corp. of Lk. Monr qe.F) referred to as the CONTRACTOR and b/�rreaN C hq � of $ +ou c �ALLS , S D hereinafter called the SURETY, are held and firmly bound unto the Ciiy 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 _ a t a7 r 9 a s n n DOLLARS, 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. C ^ J - (L P w U', WHEREAS, the DEVELOPER caused the CONTRACTOR to install certain water and wastewater utilities, roadways, and drainage facilities, and/or other related improvements in or around the CITY, known and identified as follows: T Marketplace @ ST Cntr. . with the approval of the CITY under the provisions, conditions, and requirements of the development plan approval granted the 22nd day of April , 04 by the CITY. WHEREAS, the DEVELOPER and CONTRACTORare obligated to protectthe Cityagalnst any defects resulting from faulty materials or workmanship of said improvements and to maintain said improvements for a period of 3 years from the "L9 day of Jv�?'P . 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 water and wastewater utilities, roadways, and drainage facilities, for a period of 46.er(s)years from the date of issuance of the Certificate of Completion by the CITY, which shall be the 2V of Jvr e ,2 1 00& , 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; otherwiseto 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 or CONTRACTOR falls to perform, within the time specified bythe City, the SURETY, upon thirty (30) days written notice from the CITY, orits authorized agent or officer, of default, will forthwith correct such defect ordefects and pay the cost thereof, Including, but not limited to engineering, legal, and contingent costs. FURTHERMORE, should the SURETY 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 consideration in approving said development plans, shall 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, saecinc performance to which the DEVELOPER, CONTRACTOR, and SURETY unconditionally agree. Mar 02 2 005 1:40PM City of Sanford Planning 407 330 5679 The DEVELOPER, CONTRACTOR, and SURETY furtherjointly and severally agree that the CITY at its option, shall have the right to correct said defect or defects resulting from faultly 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 so, and in the event the CITY should exercise a nd give effect to such right, the DEVELOPER, 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, together with any damages, either direct or indirect, which may be sustained on account of the failure of the DEVELOPER, CONTRACTOR, or SURETY to correct said defects. IN WITNESS WHEREOF, the DEVELOPER. CONTRACTOR, and SURETYhave executed these presents this _ day of ADDRESS: my (SEAL) D PER 1080 Holcomb Bridge Rd. Building 200 BY: ITS: Suite 150 (IF A CORPORATION) Roswell, GA 30076 ATTEST: ITS: ADDRESS: o (SEAL) The Briar Corporation CONTRAC OR P.O. Box 470264 Lake Monroe, FL 32747 BY: ITS: Vic "CORPORATION) AT��ST!u �. { ITSie WESTERN SURE Y ADDRESS: �ir...•� 839 N. Magnolia Avenue SURE Orlando, FL 32803 W sident U P.3 - in -Fact & Resident FL Agent cretary Asst Engineering and Planning DepL P.O. Box 1788 Sanford, Florida 32772 F_ Files \Mairrtenance.BondslMantenance Bond,wpd Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby having its principal office in the City of Sioux Falls, make, constitute and appoint Todd Locke Johnson, Joseph D Johnson Jr, Francis T O Reardon, Individually of Orlando, FL, its true and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, arc hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 23rd day of January, 2003. WESTERN SURETY COMPANY wry y rA� Paul 7 tl rutlat, S enior Vse President State of South Dakota 1 ss County of Minnehaha f On this 23rd day of January, 2003, before me personally came Paul T. BruBat, to me known, who, being by me duly swum, did depose and say: that he resides in the City of Sioux Fa Fa lls, Stale of South Dakota; that he is the Senior vice President of WESTERN SURETY COMPANY described in and above oux ls, that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was which executed the in st ru ment; t given by the Board of Directors of said corporation and that he signed his name thereto pursuant m like authority, and so affixed pursuant m ve acknowledges same to be the act and deed of said corporation. X4\444 \ \44 \ \4 \\4h \4M4444 J My commission expires a KRELL i S \f O PUBLIC November 30, 2006 ��gOUTM DAKOTA � i X4\4 \\44 \444444\444 \4144 + D. Krell, NO Public CERTIFICATE t, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Att hercumbove set forth is still in fora, and further certify that the By -law of the corporation pri mcd on the reverse hereof is still in force h testimony whereof 1 have hereunto subscribed day of my name and affixed the scru of the said corporation this y WESTERN SURETY COMPANY �4 o2S�/ � v L. Nelson, Assistant Secretary Form F4290 -01 -02 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile.