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HomeMy WebLinkAboutTousa Homes -2003 11 19 . . ""'0 ,~ c ~7< , SUBDIVISION AND SITE PLAN MAINTENANCE BOND FOR WATER AND SEWER FACILITIES KNOW ALL MEN BY THESE PRESENTS: BOND NO. 104161792 That we TOUSA HOMES, INC., dba ENGLE HOMES ORLANDO, whose address is 105 E. Robinson Street, Suite 312, Orlando, Florida 32801 hereinafter referred to as "Principal" and, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, whose address is One Tower Square, Hartford CT. 16101-1000. hereinafter referred to as "Surety" are held and firmly bound unto THE CITY OF WINTER SPRINGS, a political subdivision of the State of Florida, whose address is 1'126 East SR 434, Winter Springs, Florida 32708, hereinafter referred to as "City" in the sum of EIGHTY-TWO THOUSAND SIX HUNDRED SIXTY-NINE AND 00/100 DOLLARS ($82,669.00) for the payment of which we bind ourselves, heirs, executors, successors, and assigns, jointly and severally, firmly by these presents: WHEREAS PRINCIPAL has constructed certain potable water and sanitary sewer facilities in that certain subdivision described as BARRINGTON ESTATES, a plat of which is recorded in Plat Book 62, Page 77, Public Records of Seminole County, Florida; and WHEREAS, the aforesaid improvements were made pursuant to certain plans and specifications dated June 6, 2002 and filed with the City; and WHEREAS, PRINCIPAL, is obligated to protect City against any defects resulting from faulty materials or workmanship of said improvements and to maintain said improvements for a period of two (2) years from November 20,2003 NOW, THEREFORE, the condition ofthis obligation is such that if Principal shall promptly and faithfully protect City against any defects resulting from faulty materials or workmanship of the aforesaid improvements and maintain said improvements for a period of two (2) years from November 20,2003, then this obligation shall be null and void, otherwise it shall 'if"':-,) ~ 5:.,!/'('0'.;ti: . -, . ~__.!.\.bl reV)' ,.,,?'.,", [ ~,: 0 1 ?rW3 to, .,- ~~\ <;'~lrY Of' v' ',<! c'.' "Pi,INGS r.'::N(;;j\! r-o';;:..: HI rJ('; . > -;, remain in full force and effect. The City shall notify the Principal in writing of any defect for which the Principal is responsible and shall specify in said notice a reasonable period of time within which Principal shall have to correct said defect. LAND DEVELOPMENT CODE: The Surety unconditionally covenants and agrees that if the Principal fails to perform, within the time specified, the Surety, upon thirty (30) days written notice from City, or its authorized agent or officer, ofthe default.will forthwith correct such defect or defects and pay the cost thereof, including, but not limited to, engineering, legal and contingent costs. Should the Surety fail or refuse to correct said defects, City, in view ofthe public interest, health, safety, welfare and factors involved, and the consideration in approving and filing the said plat shall have the right to resort to any and all legal remedies against the Principal and Surety and either, both at law and in equity, including specifically, specific performance to which the Principal and Surety unconditionally agree. The Principal and Surety further jointly and severally agree that City, at its option, shall have the right to correct said defects resulting from faulty materials or workmanship, or, pursuant to public advertisement and receipt of bids, cause to be corrected any defects or said defects in case the Principal shall fail or refuse to do so, and in the event City should exercise and give effect to such right, the Principal and the Surety shall be jointly and severally hereunder to reimburse City the total cost thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages either direct or consequent which may be sustained on account of the failure of the Principal to correct said defects. IN WITNESS WHEREOF, the Principal and Surety have executed these presents this 19th day of November, 2003. Atte . Russel Devendoff ItS: Assistant Treasurer Attest: Its: ~U! fL. D, O~_/-'l Witness - Sandra K DiDomenico By. J n Kraynick Senior Vice President Address: Travelers Casualty & Surety Co. of America Surety By: -~____ . -- -----.....,. Its Attorney-In-Fact, Mana aneq!1e ...'-...., Address: One Tower Square Hartford, CT 06101-1000 c/o Summit Global Partners ofFL PO Box 811 088 Boca Raton. FL 33481 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, . corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, Countjof Hartford, State of Connecticut, (hereinafter the "Companies") hath made,constitiIted and appoint6d,and do by these presents make, constitute and appoint: Ronald Reshefsky, Ellen R. Segal, Gary H. Morris, Lee A. Morris'-Cindy A. Loth, Maria R. Paiteque, of Boca Raton, Florida, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge; at any place within the United States, the following instrument(s): by hislher sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fQIly and to the same extent as if the sarrie were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)- in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: :....-....... . VOTED: That the C~, the President, any Vice Chainnan, any Executive Vice President, any Senior Vice President, ~y vice Presicknt, any Second Vice President, the Treasurer, any Assistant Treasurer, the Co~rate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of aulhority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chainnan, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is flIed in the office of the Secretary. VOTED: That any bond, recogDizanee; Contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional lmdertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or . by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANy and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and lhe seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney . or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (l1'{)O Standard) J ~w Travelers ~ IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002," President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 900/0 of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal" Government or. an insurer" can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate addltion"al premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium.