1084-Preserve @Lake Monroe-Bill of SaleCity of Sanford
WATER AND WASTEWATER UTILITIES
BILL OF SALE
Centex Homes, a Nevada general partnership existing under the laws of the State of Florida
located at 385 Douglas Ave., Ste. 2000, Altamonte Springs, 32714 State of Florida
hereinafter known as SELLER, for an in consideration of the sum of ONE DOLLAR ($1.00)
and other valuable consideration paid to SELLER by the City of Sanford, Florida, a political
subdivision of the State of Florida, hereinafter known as the BUYER, receipt of which is
hereby acknowledged, does grant, sell, transfer convey, and deliver to BUYER, all pipes,
lines, 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, fully described as follows:
PRc T&Cr:
Prcserve tE Lake Monroe, Phase Two as recorded in Plat BooW,_& _Page(s) 101-11
of the Public Official Records of Seminole County, Florida.
(See attached Legal Description)
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, the SELLER has hereunto set its hand and seal this BILL OF SALE at
SEMIOLE COUTNY, FLORIDA this 12th day of August, 2004.
CENTEX HOMES, A NEVADA GENERAL PARTNERSHIP, existing under the laws of the State of
Florida, conducting business at 385 Douglas Avenue, Altamonte Springs, Florida, 32714, SELLER,
BY: � ( !
, Division President
sealed and delivered in the
STATE OF FLORIDA
COUTNY OF SEMINOLE
The foregoing instrument was acknowledged before me this y of August, 2004, by
Pat Knight, Secretary/Division President, of Centex Ho e s, a Nev a, on behalf of the corporation.
He is personally known to me and did not take an oath
Comm# DD029W2 NOTAR PUBLIC, STATE OF FLORIDA
ed m �� (Affix Seal)
WATER AND WASTEWATER UTILITIES, ROADWAY AND DRAINAGE FACILITIES
MAINTENANCE (MATERIALS AND WORKMANSHIP WARRANTY) BOND
Bond No.929344435
KNOW ALL MEN BY THESE PRESENTS, That we CENTEX HOMES a Nevada General
Partnership of 385 Douglas Avenue Altamonte Springs Florida 32714 referred to as the
DEVELOPER /CONTRACTOR and THE CONTINENTAL INSURANCE COMPANY of CNA
Plaza 333 S Wabash Avenue Chicago IL 60685 hereinafter referred to as SURETY, are held
and firmly bound unto the City 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 Fifty Nine Thousand Nine Hundred Seventy and no/100--------- ($59.970.00)
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: erezer e �k
WHEREAS, the DEVELOPER/IJONTRACTOR installed certain water and wastewater
utilities, roadways, and drainage facilit es, and /or other related improvements in or around the
CITY, known and identified as follows: Lake Monroe Phase 2 with the approval of the CITY
under thg_ provisions, cond i s, and requireme s of the development plan approval granted
the 11 19 day of - f<�� 'r , 0 L by the CITY.
WHEREAS, the DEVELOPER/CONTRACTOR are obligated to protect the City against
any defects resulting from faulty materials or workmanship of said improvements and to
maintain sai improvements for a period of two years from the 27 day of O7 Gel
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that if the
DEVELOPER/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/CONTRACTOR to fully maintain said
improvements, including but not limited to the water and wastewater utilities, roadways, and
drainage facilities, for a period of two (2) years from the date of issuance of the Certificate of
Corypletion by the CITY, which shall be the 27 F day of
'ZEO(p , 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,
otherwise to remain in full force and effect.
The CITY shall notify the DEVELOPER/CONTRACTOR in writing of any defects for
which the DEVELOPER and CONTRACTOR are responsible and shall specify in the said notice
a reasonable period of time which DEVELOPER/CONTRACTOR shall have to correct said
defects.
The SURETY unconditionally covenants and agrees that if the DEVELOPER or
CONTRACTOR fails to perform, within the time specified by the City, the SURETY, upon 30
(30) days written notice from the CITY, or its authorized agent or officer, of default will forthwith
correct such defect or defects and pay the cost thereof, including, but not limited to,
engineering, legal and contingent cost.
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
Page 1 of 2 Pages
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, specific performance to which the
DEVELOPER, CONTRACTOR and SURETY unconditionally agree.
The DEVELOPER, CONTRACTOR and SURETY further jointly and severally agree that
the CITY at its option, shall have the right to correct said defect or defects resulting from faulty
materials or workmanship, or pursuant to public advertisement and receipt of bids, caused 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 and 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 the SURETY have
executed these presents this 24'" day of August , 2004 .
CENTEX HOMES, a Nevada General
Partnership
Address: (SEAL)
385 Douglas Avenue P INCIPAL 1
Altamonte Springs, FL 32714
By: Its:
ATTEST:
Address:
CNA PLAZA
333 S. Wabash Avenue
Chicago, IL 60685
Countersigned By:
rri .
1 4 — A. Russell, Florida
Resident Agent
(If a corporation)
Its:
THE CONTINENTAL INSURANCE
COMPANY
SURETY (SEAL)
By: (�—
Bridgette ackso It Attorney -in -Fact
Witness:
C nc,
....Carmen Mims 4,
NOTICE
In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure
notice for bonds and certain insurance policies on which one or more of the Writing Companies
identified below is the surety or insurer.
To principals on bonds and insureds on certain insurance policies written by any one or more of
the following companies (collectively the "Writing Companies ") as surety or insurer: Western
Surety Company, Universal Surety of America, Surety Bonding Company of America,
Continental Casualty Company, National Fire insurance Company of I lartford, American
Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The
Continental Insurance Company.
DISCLOSURE. OF PREMIUM
The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars
($0.00).
DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM
LOSSES
The United States will pay ninety percent (90 %) of covered terrorism losses exceeding the
applicable surety /insurer deductible.
Form F73I0
CERTIFICA k'E OF COMPLETION
THIS IS TO CERTIFY THAT THE INFRASTRUCTURE FOR THE DEVELOPMENT OF:
Preserve at Lake Monroe Phase If
CONSTRUCTED BY Centex Homes
BUSINESS ADDRESS: 385 Douglas Avenue
HAS BEEN COMPLETED IN ACCORDANCE WITH THE APPROVED ENGINEERING
DOCUMENTS IN A FORM AND MANNER ACCEPTABLE BY THE CITY OF SANFORD,
FLORIDA_
CONTRACTOR: Wal -Rose Construction
BUSINESS ADDRESS 3848 Moore Station Road, Sanford, Florida 32772
RECEIVED:
YES NO NA
X MAINTENANCE BONDS OF $ 59,970.00
1 Water, wastewater, roads & drainage)
X
RECORD DRAWINGS
X EASEMENTS /DEDICATIONS
X
PLAT
X
ENGINEER'S CERTIFICATE
X
HOA DOCUMENTS
APPROVED:
i l l l."Li- 1 4 71-
UTILITIES
/c /72w /V 1
DATE
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PUBLIC WORKS
E EF.RING & PLANNING
ADMINISTRATIVE OFFICIAL
1 13
DA E
c 1 1
DATE _
Vic). Zed
DATE
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN-FACT
Know All Men By These Presents, That The Continental Insurance Company, a South Carolina corporation, and Firemen's Insurance Company of
Newark, New Jersey, a New Jersey corporation (herein called the CIC Companies "), are duly organized and existing corporations having their principal
offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and
appoint
Brian M Lebow, Deborah L Griffith, Allyson Dean, Carmen Mims, Bridgette S Jackson, Individually
of Dallas, TX, their true and lawful Attomey(s }in -Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf
bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind them thereby as fully and to the same extent as if such insnuments were signed by a duly authorized officer of their corporations and all the
acts of said Attorney, pursuant in the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly
adopted, as indicated, by the Boards of Directors of the corporations.
In Witness Whereof, the CIC Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be
hereto affixed on this 29th day of June, 2004.
A� .... .... .,• ` �Nl�rr ez The Continental Insurance Company
• c, ♦ Firemen's Insurance Company of Newark, New Jersey
'
Michael Gengler 1 Senior ce President
State of Illinois, County of Cook, ss:
On this 29th day of June, 2004, before me personally came Michael Gengler to me known, who, being by me duly swom, did depose and say: that
he resides in the City of Chicago, State of Illinois; that he is a Senior Vice President of The Continental Insurance Company, a South Carolina
corporation, and Firemen's Insurance Company of Newark, New Jersey, a New Jersey corporation described in and which executed the above
instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed
pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporations.
I
OFFICAL SEAL
EI PRICE N
N� rvn IYYl4 rtN�e Yi ILMOi
CMYWIOI1flVMrt: MIN
My Commission Expires September 17, 2006 Eliza Price Notary Public
CERTIFICATE
1, Mary A. Ribikawskis, Assistant Secretary of The Continental Insurance Company, a South Carolina corporator and Firemen's Insurance
Company of Newark, New Jersey, a New Jersey corporation do hereby certify that the Power of Attorney herein above set forth is still in force, and
further certify that the By -Law and Resolution of the Board of Directors of the corporations prinrse hereof ill in force. In testimony
whereof I ave hereunto subscribed my name and affixed the seal of the said corporations this ted on h reve day of is
.. ..... • ,,• `` j ean lr a The Continental Insurance Company
p Se �: •.�� Fireman's Insurance Company of Newark, New Jersey
..•• Mary A. ika®kis Assistant Secretary
Form F6850- 11/2001
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN-FACT
Know All Men By These Presents, That The Continental Insurance Company, a South Carolina corporation, and Firemen's Insurance Company of
Newark New Jersey, a New Jersey corporation (herein called "the CIC Companies "), are duly organized and existing corporations having their principal
offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and
appoint
Brian M Lebow, Deborah L Griffith, ABysou Dean, Carmen Mims, Bridgette S Jackson, Individually
of Dallas, TX, their true and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf
bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind them thereby m fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the
acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly
adopted, as indicated, by the Boards of Directors of the corporations.
In Witness Whereof, the CIC Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be
hereto affixed on this 29th day of June, 2004.
..... e pttsr The Continental luxuriance Company
;3K �� "� Firemen's insurance Company of Newark, New Jersey
p fy
Michael Gengler Senior Yrce President
State of Illinois, County of Cook, ss:
On this 29th day of June, 2004, before me personally came Michael Gengler to me known, who, being by me duly swom, did depose and say: that
he resides in the City of Chicago, State of Illinois; that he is a Senior Vice President of The Continental Insurance Company, a South Carolina
corporation, and Firemen's Insurance Company of Newark, New Jersey, a New Jersey corporation described in and which executed the above
instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed
pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporations.
OFFICIAL SEAL
ELI PRICE
xoru,r•usw mrerc rrnar
w sarrww avwes rnrs
My Corrmtission Expires September 17, 2006 Eliza Price Notary Public
CERTIFICATE
1, Mary A. Ribtkawskis, Assistant Secretary of The Continental Insurance Company, a South Carolina corporation, and Firemen's Insurance
Company of Newark, New Jersey, a New Jersey corporation do hereby certify that the Power of Attorney herein above set forth is still in force, and
further certify that the By -law and Resolution of the Board of Directors of the corporations printed on Aloe reverse hereof is 'll in force. In testimony
whereof I ve hereunto subscribed my name and affixed the seal of the said corporations this day of ,
,1H7 4e 4nrs� a � The Continental Insurance Company
Firemen's Insurance Company of Newark, New Jersey
�• + «r• p Mary A. ika kis Assistant Secretary
Form F6850- 11/2001