Loading...
HomeMy WebLinkAbout2001 03 26 Regular G Parkstone Unit 3 COMMISSION AGENDA ITEM G Consent Information Public Hearin Re utar XX March 26, 2001 Meeting MGR. 'M. /Dept. ! REQUEST: Community Development Department, Land Development Division, requests that the Commission approve the recordation of the plat and supplemental covenants for Parkstone Unit 3. PURPOSE: The purpose of this agenda item is to record the plat and supplemental covenants for Parkstone Unit 3 (property located north of SR 434, west of City Hall, east of the school bus barn and south of Lake Jesup. This unit will contain 87 lots. APPLICABLE CODE: Code Section 9-75. Final Plat, contents and recording procedures. (a) The final plat shall conform substantially to the approved preliminary plan, and shall be submitted to the city planner as follows: (1) The final plat shall include one (l) linen original. If more than one (l) sheet is required, a suitable index map showing the entire development with index for the various sheets shall be shown on the first sheet. (2) The final plat shall show streets, lots, blocks and easements indicating the centerline, width and sidelines of all easements. (3) Surveys and surveying data on the final plat shall be in accordance with acceptable professional practices and principles for land surveying and preparation of plats. Special consideration shall be given to the relationship of the proposed plat to existing abutting plats to prevent unintended overlap or omission of lands. (4) Mortgage holders shall execute before two (2) witnesses and a notary public the following certification on plats: "The mortgagee(s) consents and agrees to the platting of lands embraced in this plat and to the dedication(s) shown herein; and further, should it become necessary to foreclose the mortgage covering the property, that all pieces and parcels dedicated to the public will be excluded from March 26, 200 I REGULAR AGENDA ITEM G Page 2 the suit and the dedication shall remain in full force and effect." (5) A dedication to the public by the owners of all roads, streets, alleys, easements and other rights-of-way, however designated, shown on the plan for the perpetual use of all public purposes. (b) Three (3) copies of all protective or restrictive covenants to be recorded shall be submitted with the final plat. (c) A letter from an acceptable abstractor shall certify the following: (1) That the parties executing the plats are owners of the land included therein. (2) All recorded mortgages, liens and other encumbrances. (3) That taxes and assessments have been paid to date. (4) That the description shown on the plat is correct. (d) An appropriate bond submitted in accordance with the bonding procedures set forth in section 9-76 shall be required for all developments within which improvements are to be dedicated to the public. Code Section 9-76. Bonding procedures. (a) Surety-performance bond. When requesting to record a plat for property with streets to be dedicated to the public in which all improvements have not been installed or have been only partially installed, the developer shall provide a corporate or surety completing bond including a payment of vendors' clause executed by a company authorized to do business in the state and acceptable to the city, payable to the city in the penal sum of the amount of the engineer's estimate or alternative bid estimates for the uncompleted portions of the work to be done to provide streets, drainage facilities, street signs, water and sewer facilities, sidewalks and other improvements as shown on the final development plan. As an alternative to the provision of a corporate or surety bond, the subdivider may provide the deposit of equivalent cash in an escrow account with the city, or a letter of credit drawn on an approved institution, drawn in a form approved by the city attorney. Section 9.77. Approval of final plat. The city commission may approve the final plat, considering any applicable agency reports, if the plan is in substantial conformity with the approved preliminary plans March 26, 2001 REGULAR AGENDA ITEM G Page 3 and it complies with regulations established by this chapter. Action by the city commission may be taken expeditiously, but not to exceed thirty (30) days after receipt of the final plat and supporting data by the city unless delay is requested or caused by the applicant. If the commission certifies that the development has met all requirements hereof, the plat shall be endorsed as finally approved by the mayor and attested by the city clerk in order that the same may be recorded among the public records of the county. Code Section 9-78. Recording/distribution of the final plat. Upon completion of all approval action, the city planner shall be responsible for ensuring that the original linen is signed and sealed, and the plan and deed restrictions, if any, are delivered to the appropriate authority for recording. The developer shall submit to the city the recording fee as specified in the current fee schedule. FINDINGS: 1) Final engineering was approved by the Commission on November 23, 1998 and July 12, 1999. 2) The City Engineering Inspector has determined that the costs remaining to complete Parkstone Unit 3 is $771,474.08. 3) The developer will furnish a performance bond in the amount of$771,474.08. 4) Approval of the recordation of the plat and supplemental covenants will allow building permits to be issued. Certificates of Occupancy will not be issued until such time that the Commission approves the acceptance of improvements for City maintenance. RECOMMENDATION: The recommendation is that the City Commission approve the recordation of the plat and supplemental covenants for Parkstone Unit 3. A TT ACHMENTS: A - Land Development Coordinator Memo to City Attorney dated March 15,2001 with attachments March 26, 2001 REGULAR AGENDA ITEM G Page 4 COMMISSION ACTION: NOTE: Please return the plats to the Land Development Coordinator after the meeting. These are used for addressing requirements. ATTACHMENT A March 15,2001 To: Anthony Garganese, City Attorney ~ Don LeBlanc, Land Development coordinatorW Parkstone Unit 3 Recordation of Plat and Covenants From: Re: CENTEX has requested that Parkstone Unit 3 Plat and Covenants be recorded. Attached for your legal review are the following: 1) Supplemental Covenants - all appears to be proper. 2) Title Opinion - all appears to be proper except for addressing this to the Seminole County Board of Commissioners. This will be changed to address the City of Winter Springs. 3) Performance Bond a) the project is identified as Parkstone Phase III rather than Parkstone Unit 3 - a rider correcting this has been applied for. b) I contacted the consumer hot line and talked to Harold on 3-15-01 - he stated that SAFECO has been licensed in the State of Florida since May 1954 and the company meets all statutory requirements. c) see attached correspondence from Zynka Perez approving the performance bond amount of$771,474.08. 4) Plat - all appears to be proper. This request will be an agenda item for the Commission Meeting of March 26,2001. This instrument prepared by and record and return to: Edward G. Milgrim, Esq. Regional General Counsel Centex Homes 385 Douglas Ave., Suite 1000 Altamonte Springs, Florida 32714 SECOND SUPPLEMENTAL DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS FOR PARKSTONE UNIT 3 SEMINOLE COUNTY, FLORIDA THIS SECOND SUPPLEMENTAL DECLARATION ("Second Supplemental Declaration") is made on the date hereinafter set forth by Centex Homes, a Nevada general partnership, hereinafter referred to as the "Declarant". WITNESSETH WHEREAS, Declarant has heretofore subdivided certain real property (herein referred to as the "Unit 1 Property") into the residential subdivision known as Parkstone Unit 1, according to the plat thereof recorded in Plat Book 56, Pages 17 through 21 of the Public Records of Seminole County, Florida, a portion of which was replatted by Parkstone Unit 1 Replat, according to the plat thereof recorded in Plat Book 58, Pages 15 and 16 of the Public Records of Seminole County, Florida (herein collectively referred to as the "Unit 1 Plat"); and WHEREAS, Declarant has heretofore subdivided certain real property (herein referred to as the "Unit2 Property") into the residential subdivision known as Parkstone Unit 2, according to the plat thereof recorded in Plat Book 58, Pages 24 and 25 of the Public Records of Seminole County, Florida (herein referred to as the "Unit 2 Plat"); and WHEREAS, Declarant has heretofore adopted, executed and recorded that ,certain Declaration of Covenants, Conditions and Restrictions for Parkstone recorded August 19, 1999, . in Official Records Book 3709, Pages 330, et seq, of the Public Records of Seminole County, Florida (herein referred to as the "Original Declaration"), subjecting the Unit 1 Property, and other real property contained within the Unit 1 Plat, to the covenants, conditions, restrictions and easements contained in the Original Declaration; and WHEREAS, the Unit 2 Property lies within the area identified in the Original Declaration as "Undeveloped Parcel" and, by virtue of the Supplemental Declaration of Covenants, Restrictions L:\Orlando\Transaetions\parkstone\Parkstone 2nd Supplemental Dee Unit 3-r1,wpd 1 and Easements for Parkstone, Unit 2, Seminole County, Florida, recorded in Official Records Book 3905, Page 1830, et seq, of the Public Records of Seminole County, Florida ("First Supplemental Declaration"), Declarant incorporated the Unit 2 Property into the Association (hereinafter defined), and subjected such Unit 2 Property to the covenants, conditions, restrictions and easements contained in the Original Declaration; and WHEREAS, Declarant has established a not-for-profit corporation known as the Parkstone Community Association, Inc. (herein referred to as the "Association"), to own, operate and maintain the Common Areas described in the Original Declaration, and as may be increased by addition of other Common Areas pursuant to, the First Supplemental Declaration, this Second Supplemental Declaration and any further Supplemental Declarations or the use and benefit of the Owners of Lots within the Property as described in the Original Declaration, and as may be increased by addition of other Lots and/or Common Areas to the Property pursuant to the First Supplemental Declaration and this Supplemental Declaration; and WHEREAS, pursuant to Article 2, Section 2.2, Subsection 2.2.1 of the Original Declaration, Declarant reserved the right to amend the Original Declaration, without the consent or joinder of the Owners or the Association, to add to the Property encumbered by the Original Declaration and subjected to the Association described therein, lands within the area identified in the Original Declaration as the "Undeveloped Parcel"; and WHEREAS, Declarant has subdivided certain real property into the residential subdivision, known as Parkstone Unit 3, according to the plat thereof recorded in Plat Book , Pag,es _ through , inclusive, of the Public Records of Seminole County, Florida (herein referred to as the "Unit 3 Plat"), which property is more particularly described on Exhibit "An attached hereto and incorporated herein by reference (herein referred to as the "Unit 3 Property"); and WHEREAS, the Unit 3 Property is within the area identified in the Original Declaration as the "Undeveloped parcei", and Declarant desires to incorporate the Unit 3 Property into the Association and to subject such Unit 3 Property to the covenants, conditions, restrictions and easements contained in the Original Declaration; and WHEREAS, on the date this Second Supplemental Declaration is executed and recorded, Declarant is the owner of Lots within the Property and retains the authority to act as the Declarant; NOW THEREFORE, Declarant declares that the Unit 3 Property is hereby annexed into the Property encumbered by the Original Declaration, and that such Unit 3 Property shall be held, sold and conveyed subject to the restrictions, covenants, conditions, easements and assessments established in the Original Declaration, as heretofore or hereafter amended, which shall henceforth be covenants running with the land, and shall be binding on all Owners of the Unit 3 Property or . any portion thereof and on the Association, and are imposed on and intended to benefit and burden each Lot and other portions of the Property in order to maintain within the Property a planned community of high standards. Such covenants shall be binding on all parties having any right, title or interest therein or any part thereof, their respective heirs, personal representatives, successors and assigns, and shall inure to the benefit of each owner thereof. 1. Incorporation of Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference for all purposes. L:\Orlando\Transaetions\parkstone\Parkstone 2nd Supplemental Dee Unit 3-r1.wpd 2 2. Incorporation of Definitions. All capitalized terms used in this Supplemental Declaration defined in the Original Declaration shall have the meanings and definitions given them in the Original Declaration. 3. Description of Common Area. The Common Area or Common Property within the Unit 3 Plat hereby added to the Common Property to be owned, operated and maintained by the Association includes Tracts A, S, C, D and H, as depicted on the Unit 3 Plat. Tract H of Unit 3 is also included in the definition of the Private Street serving the Parkstone development. 4. Drainaqe Easement. The provisions of Article 9, Section 9.5 of the Original Declaration concerning the Drainage Easements shall apply to the areas identified on the Unit 3 Plat as "Stormwater Management Area (Drainage Easement)" or "DE". 5. Utility Easement. The provisions of Article 9, Section 9.1 of the Original Declaration concerning the Utility Easements shall apply to the areas identified on the Unit 3 Plat as" Utility Easement" or "UE". 6. Community Wall. Fence. Signaqe and Landscape Easement. The provisions of Article 9, Section 9.7 of the Original Declaration concerning the Community Wall, Fence, Signage and Landscape Easement, shall apply to the areas identified on the Unit 3 Plat as "Landscape Easement" or "LE" or "WLE". IN WITNESS WHEREOF, the Declarant has caused this instrument to be executed on its behalf as of this I',;l.. day of /r-a. or c [, , 2001. / DECLARANT CENTEX HOMES, a Nevada general partnership &-~~,~ By: Centex Real Estate Corporation, a Nevada corporation, its managing general partner 385 Douglas Avenue, Suite 2000 Altamonte Springs, Florida 32714 By: P~~ ~~~~\k: President ASSOCIATION Jkh t:::.ir) (~^ S fo-;la.. ~ PARKSTONE COMMUNITY ASSOCIATION, INC., a Florida corporation not-far-profit cIa Centex Homes 385 Douglas Avenue, Suite 2000 Altamont prings, Florida 32714 ,,^4! . t'V\A k r <\" Jc... ~QC.r't ...( u.,..<~ /> ^ de. 1+<)"'(' }-Icpl.l, , \~~. By: Name: Title: L:\Orlando\Transaetions\parkslone\Parkstone 2nd Supplemental Dee UniI3-r1.wpd 3 STATE OF FLORIDA S COUNTY OF SEMINOLE S The foregoing instrument was acknowledged before me this 1:2 day of /1.-t .4./f....'-j-f 2001, by PATRICK J. KNIGHT, Division President of Centex Real Estate Corporation, a Nevada corporation, managing general partner of Centex Homes, a Nevada general partnership, who is personallv known to me or who produced a valid Florida driver's license as identification, and did not take an oath, on behalf of such corporation. \ \\ \\1 \ 11111//11/ ",,\~ SCHLflG.c-;;II'", ~ ""\.."'........ ..<'- ~ /,0/ ~ )..\,~~\SSION/..1> ~ ~ .. c.?' 22 :';;0 00 ~ ::;: ..0.. ~\\." <'0 ~. -;:; :.:= :~ ~ ~~..::: ~ * : "".~ : * ~ My Commission Expires: :::2. #C r" .:: ~0. g. ~ C 040749 , :~::::: .- -q" a ,"'.~::::: ~ ~;. .</)- .cPflded \\\\\\ .\\"~ ..~ $ ~ /.)/ :.. u lJb/ic; Uf\\\~':"; ,<'V -$' /,z </0' ........ \)~ ,V //111 UC, ST/I.\t. \"" fll/III H! \ I \I \ \\ STATE OF FLORIDA S COUNTY OF SEMINOLE S The foregoing instrument was acknowledged before me this /.:2 day of /Jc~rc-t,' , 2001, by .,Jft1we--s t.J. /U,f/t,l.-A.vj)~ as (flCe- ?/11;t)I<J~ of Parkstone Community Association, Inc., a londa corporation not-for-profit, who is personallv known to me or who produced a valid Florida driver's license as identification, and did not take an oath, on behalf of such corporation. \\\\\111' 11I1/11111. ~,~ S~~.~~fl?'% ~ ~..::\-f\\SSION~:{-9 \;, ..::-: . r~~' 22 "..0. ,.r .:::- :.)...'V ~\.. '<'a ~ -. ~: =: : ~ ~ ~ ~ ~ :~; ~*: .... :*~ ~~ ~.-:-, IICC 640749 ",f~{ ~:;..\.OL.IJ. ~.?i2-. ~ ~.. </?- AOflded \\\\~~~";'.. <:::> ,-2: ~:rA.. UblicU~\\e..~<<v,~ ~",,~Bi.ic. ST~~~ ~\"~" 11111/; 11111\\\\\ No ___ ublic, State 0 Notary's Name Printed: My Commission Expires: L:\Orlando\Transaetions\parkstone\Parkstone 2nd Supplemental Dee Unit 3-r1.wpd 4 EXHIBIT "Au UNIT 3 PROPERTY The following tracts of real property are residential building site Lots or Common Area Tracts within the residential subdivision known as Parkstone Unit 3, according to the map or plat thereof recorded in Plat Book , Pages through , inclusive, of the Public Records of Seminole County, Florida, to-wit: Lots 214 through 300; and Tracts A,B,C,D and H L:\Orlando\Transaelions\parkstone\Parkstone 2nd Supplemental Dee Unit 3-r1.wpd 5 METROPOLITAN Title and Guaranty Co. A SUBSIDIARY OF CENTEX CORP, CERTIFICATE OF TITLE FOR PLATTING PURPOSES TO: Seminole County Board of County COIT~issioners " RE: Proposed Plat of PARKSTONE UNIT 3 Pursuant to Florida Statute 177.041, this company has searched the Public Records of Seminole County, Florida, through March 2, 2001 at 5:00 PM, and find the following to be the condition of title for the herein described property as of said date: LEGAL DESCRIPTION See attached EXHIBIT "A" for description of proposed plat. TITLE VESTED IN CENTEX HOMES, a Nevada general partnership, ENCUMBR.J>.-NCES None OTHER ~_TTERS AFFECTING TITLE 1. Matters set forth on the plat of D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP, as recorded in Plat Book I, Page 5. 2. Matters set forth on the plat of CHASE AND COMP~~Y'S SUBDIVISION OF WAGNER, as recorded in Plat Book 6, page 64. 3. Ordinance No. 274, recorded in Official records Book 1456, page 1914. 4. State of Florida Department of Transportation Right of Way Resolution as recorded in Official records Book 2257, page 474. 5. Non-Exclusive Community Wall, Fence, Signage and Landscape Easements recorded in Official Records Book 3582, page 1998. 6. Ordinance No. 299, recorded in Official Records Book 1574, page 730. 385 Douglas Avenue. Suite 2050 . Altamonte Springs. FL 32714 Office (407) 661-2130 . Fax (407) 661-4083 Page Two Plat Cert. Parks tone Unit 2 7. Non-Exclusive Easement and Agreement for Drainage and Utilities recorded in Official Records Book 3582, page 2008. 8. Resolution No. 92-R-86, recorded in Official Records Book 2430, page 365. 9. Resolution No. 92-R-200, recorded in Official Records Book 2464, page 687. NOTE: All references are to the Public Records of Seminole County, Florida. TAXES The property described in Exhibit "A", is referenced by the following Tax ID numbers: 26-20-30-S01-0000-00Dl 26-20-30-SAR-ODOO-0090 The ad valorem taxes for the above referenced parcel are paid through 2000. This certificate is made for the purpose of furnishing the information required for the filing of the herein referenced Subdivision Plat in accordance with the provisions of Chapter 177.041 of the Florida Statutes. It has been prepared expressly for the appropriate governing body as defined by Chapter 177.071 of the Florida Statutes and it is not to be relied upon by any other group or person for any other purpose. METROPOLITAN TITLE & GUARANTY CO. M. Arruda, CLS Examination Manager ,03/13/2001 10:08 FAX @002 DESCRIPTION: That part of Lots 4, 5, 6 and 7, Block C, and that part of Lots 4, 5, 6 and 7, a'dck 0 of O. R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP, according to the plat thereof, as recorded in Plat Book " Page 5, of the Public Records of Seminole Coun ty, Florida, described as follows: BEGIN at the Southeast corner of said Lot 4, Block C; thence run the following 15 courses and distances: S 84'14'04" W along the South line of said Lot 4 252.31 feet; S 06'11'22" E along the East line of the West 1/2 of said Lot 4, Block 0, and the Northerly prolongation thereof, 181.99 feet; S 83'53'03" V{, 171.81 feet; N 06'06'57" ~ 19.70. feet; S 83'53'03" ~ nO.oo feet; S 06'06'57" E, 150.00 feet; N 83'53'03" E, 110.00 feet; S 06'06'57" E, 155.00 feet; S 83"53'03" W, 460.00 feet; N 47'03'28" \-Y, 238.44 feet; S 82'36'47" W, 128.01 feet; S 42'37'37" ~ 240.24 feet; S 58'30'47" V{, 201.87 feet; 5 69"50'06" ~ 51.29 feet; 5 83'53'03" ~ 133.35 feet to the Easterly line of PARKSTONE UNIT 1. according to the plat thereof, os recorded in Plat Book 56 Pages 17 through 21 of said Public Records; thence run the following 15 courses ,and distances along said Easterly line: N 06'06'57" ~ 196.13 feet to the point of curvature of a curve concave Southeasterly having 0 radius of 25.00 feet; thence run Easterly along the ore of said curve through a central angle of 12910'19" for o distance of 56.36 feet to a point of non-tangency; N 33.28'21" E; 50.30 feet: N 18'58'22" E, 105.35 feet; 5 7016'22" E, 48.53 feet; N 8815'13" E, 40.12 feet; N 5318'51" E, 46.62 feet; N 42"J7'37" E, 137.03 feet; N 36'56'11" ~ 28.47 feet: N 3311'48" E, 120.14 feet; N 61"40'34" ~ 312.33 feet; N 11"24'34" ~ 158.44 feet; N 15.29'21" ~ 145.28 feet: N 54'42'51" ~ 76.33 feet; N 0011'02" ~ 217.89 feet to a point on the water's edge of Lake Jessup; said point also being Reference, Point "A": thence leaving said Easterly boundary of PARKSTONE UNIT I, run Easterly along said water's edge 1683 feet more or less to a point on said water s edge lying S 8712'45" E a distance of 1651.28 feet from said Reference Point "A"; said point also being on the East line of the aforementioned Lot 4, Block C; thence run S 06'38'26" E along said Easterly line for a distance of 500.34 feet to the POINT OF BEGINNING. Containing .3.3.185 acres more or less. SUBDIVISION BOND Bond No, 6102844 KNOW ALL MEN BY THESE PRESENTS, that we CENTEX HOMES, A Nevada General Partnership as Principal, and SAFECO INSURANCE COMPANY OF AMERICA authorized to do business in the State of Florida , as Surety, are held and firmly bound unto City of Winter Springs, FL as Obligee, in the penal sum of Seven Hundred Seventy One Thousand Four Hundred Seventy Four and 08/100 - - - - - - - - - - - - -- -- -- - - - - - -- - -- - -- - -- -- - -- - -- - - -- -- - -- -- -- ($ 771,474.08 ) DOLLARS, lawful money of the United States of America, for the payment of which well and tmly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, CENTEX HOMES, A Nevada General Partnership has agreed to constmct in Parkstone Phase "' the following improvements: sewer, water, storm & paving NOW, THEREFORE, THE CONDITION OF THIS OBLIGA nON IS SUCH, that if the said Principal shall construct, or have constructed, the improvements herein described and shall save the Obligee harmless from any loss, cost or damage by reason of its failure to complete said work, then this obligation shall be null and void; otherwiseto~emain i~ full force and effect. Signed, sealed and dated this 13th day of March , i I By: , I , ,,' I ' r1nership .. Principal Attorney-in-Fact S-3689/GEEF 2/98 (\ Countersigned by: \ ~~ \ C\ ~~ ~~o Q~, ~ S A FEe o~ r~ POWER OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 No, 7386 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ............LAWRENCE W, WALDIE; CARMEN MIMS; BRIAN M, LEBOW; DEBORAH GRIFFITH; ALLYSON DEAN; DOROTHY VALEK; Dallas, T~xm'"'''''''''' its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby, IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 23rd day of February , 2000 ~d-R?~ VJ~~ R.A. PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business,.. On any instrument making or evidencing such appointment, the signatures may' be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERiCA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-<>f-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-<>f-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect, IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this t"~ ,-Ii--- day of N(u~ 2--Q () I ~d..R~ R.A. PIERSON, SECRETARY S-0974/SAEF 7/98 Q!) Registered Irademar1< of SAFECO Corporation, 2/23/00 PDF CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 March 12, 200 I TO: Donald LeBlanc Land Development Coordinator FROM: Zynka P. Perez Engineering Inspect SUBJECT: Parkstone PUD Phase ill Performance Bond I am in receipt of the engineer's opinion of the costs for the unfinished construction at Parkstone PUD Phase III. His letter is dated March 7, 2001. His estimate of cost for the unfinished construction is $771,474,08. I recommend this amount be used for the performance bond. If you have any questions, please let me know. cc: Public WorkslUtility Director City Engineer / Storm water Utility Manager .. .--------- I~I DONALD W. MciNTOSH ASSOCIATES, INC. CiVIL ENGINEERS LAND PLANNERS SURVEYORS '~/ 2200 Park Avenue North Winter Park Florida 32789-2355 Fax 407-644-831 8 407-644-4068 hl;4J://IMNW,dwma,com March 7,2001 Via facsimile (407)327-6695 & mail Zynka P. Perez City of Winter Springs/Engineering 1\26 E. SR 434 Winter Springs, FL 32708 Re: Parkstone Phase III PUD Performance Bond Amount Dear Zynka: This letter is to identify the performance bond amount required for the completion of Parkstone Phase lfI and are as itemized below: Earthwork $ 0.00 Sewer \ 04,903.3\ Water 127,727.25 Storm 336,219.77 Paving 202,623,75 Total $ 771,474.08 These costs are based on the final construction contract between Centex Homes and Waf-Rose, Inc, and subsequent invoices for payment from Wal-Rose, Inc., as inspected and accepted by Centex Homes through the period dated March 2, 2001. See the attached data submitted herewith as back-up. Very truly yours, DONALD W. McINTOSH ASSOCIATES, INC. r!J~'2Jsf I' David M. Kelly, PE ' Project Manager Florida Registration No. 43325 DMK/cr c: Ed Kassik Jill Schlageter, viafacsimile 661-4089 Donald W. McIntosh, Jr. Jimmy Wallace, PSM F:\l'roj'!.\/)(, I 7'J\ENGadlllill\C\EC I JO,doc