HomeMy WebLinkAboutCentex Homes Heritage Park at Wagners Curve Subdivision Bond and Related Documents - 2003 09 04
,.
SUBDIVISION BOND
Bond No. 6236195
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 One Hundred Ninety Nine Thousand Seven Hundred Ninety and 00/100 - - - - - - - - - - - - - - - - - - _
-- -- -- - -- - - - -- - - -- -- - -- -- - - - -- -- - -- - - - - - - -- -. ($ 199,790.00
) DOLLARS, lawful money of
the United States of America, for the payment of which well and truly 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 construct in Heritage Park aka Wagners Curve
the following improvements: Paving
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION 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; otherwise to remain in full
force and effect.
Signed, sealed and dated this
4th
day of
September
, 2003 .
Countersigned By:
Q~eIIQ ~
Florida Resident Agent
BY:~_
CENTEX HOMES, A Nevada General pc;rtnership
Principal
S-3689/GEEF 2/98
.
..
,
.~ S A FEe 0-
POWER
OF A TIORNEY
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
.......LA WRENCE W. WALDIE; CARMEN MIMS; BRIAN M. LEBOW; DEBORAH GRIFFITH; ALL YSON DEAN; BRIDGETTE S. JACKSON; Dallas, Texas.......
its true and lawful attorney(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
day of April
, 2003
this 10th
fi;,k jAc.~\~
CHRISTINE MEAD, SECRETARY
MIKE MCGAVICK, 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-of-attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attomey 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, Christine Mead, 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 Attomey 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
~
day of
~p:f~~
I
ZLJo3 .
CHRISTINE MEAD, SECRETARY
~741SAEF 2101
e A NgiItIlWd lredemart( of SAFECO COrporIItlon
0411012003 POF
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~i S A FEe O.
SAFECO Insurance Company
PO Box 34526
Seattle, WA 98124-1526
MAINTENANCE BOND
Bond 6236196
KNOW ALL BY THESE PRESENTS, That we, CENTEX HOMES, a Nevada General Partnership
as Principal, and SAFECO INSURANCE COMPANY OF AMERICA
a corporation organized under the laws of the State of Washington
and duly 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 Two Hundred Six Thousand Seven Hundred Ninety Seven and 00/100 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ($ 206,797.00
to which payment well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and
assigns jointly and severally, firmly by these presents.
WHEREAS, the said Principal entered into a Contract with the
CITY OF WINTER SPRINGS, FL dated
for Water and sewer improvements at Heritage Park aka Wagners Curve
WHEREAS, said Contract has been completed, and was approved on
day of
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall guarantee that the work
will be free of any defective materials or workmanship which became apparent during th~ period of
two (2) year(s) following completion of the Contract then this obligation shall be void, othe~ise to remain in
full force and effect, provided however, any additional warranty or guarantee whether expressed or itll:?lied rsextenqed by the
Principal or Manufacturer only, and the Surety assumes no liability for such a guarantee.
Signed and sealed this
4th
day of
September
2003
CENTEX HOMES, a Nevada General Partnership
(Seal)
~c:- ((~
(Seal)
(Seal)
Countersigned By:
9Ah" tt~.
JUh . Russell
Aorida Resident Agent
By
S-0843/SAEF10/99
@ A registered trademark of SAFE CO Corporation
FRP
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..
"
'~ S A FEe 0-
POWER
OF A TIORNEY
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
.......LA WRENCE W. WALDIE; CARMEN MIMS; BRIAN M. LEBOW; DEBORAH GRIFFITH; ALL YSON DEAN; BRIDGETTE S. JACKSON; Dallas, Texas.......
its true and lawful attorney(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
day of April
, 2003
this 10th
~k jv1<-~'~
CHRISTINE MEAD, SECRETARY
MIKE MCGAVICK, 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 attomeys-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-of-attorneyappointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attomey 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, Christine Mead, 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 Attomey 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
l-( k~
day of
~f*~
2---0 oJ,
CHRISTINE MEAD, SECRETARY
~741SAEF 2101
e A rwgIatIred ndemlrt( of SAFECO Corporatlon
04I10f2003 PDF
~;~AFECO'
SAFECO Insurance Company
PO Box 34526
Seattle, WA 98124-1526
MAINTENANCE BOND
Bond 6236196
KNOW ALL BY THESE PRESENTS, That we, CENTEX HOMES, a Nevada General Partnership
as Principal, and SAFECO INSURANCE COMPANY OF AMERICA
a corporation organized under the laws of the State of Washington and duly 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 Two Hundred Six Thousand Seven Hundred Ninety Seven and~00/100 - - - - - - - - - - - - - - - -
--------------------------------------------------------------- ($ 206,797.00 )
to which payment well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and
assigns jointly and severally, firmly by these presents.
WHEREAS, the said Principal entered into a Contract with the
ITY OF WINTER SPRINGS, FL dated- - --
for Water and sewer improvements at Heritage Park aka Wagners Curve
WHEREAS, said Contract has been completed, and was approved on
day of
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall guarantee that the work
will be free of any defective materials or workmanship which became apparent during the period of
two (2) year(s) following completion of the Contract then this obligation shall be vr~id, otherwise to remain in
full force and effect, provided however, any additional warranty or guarantee whether expressed or implied is extenced by the
Principal or Manufacturer only, and the Surety assumes no liability for such a guarantee.
Signed and sealed this 4th day of September 2003
CENTEX HOMES, a Nevada General Partnership (Seal)
(Seal)
(Seal)
~untersigned B/yj:
(Ji-
jui~ Russell
Floridan Resident Agent
5-0843/SAEF10/99
SAFECO INSURANCE COAt~PANY OF AMERICA
By
Allyson Dean
Attorney-in-Fact
FRP
l
~a ~
- ~ til
• 1~ S A F E C O" POWER
~ OF ATTORNEY
KNOW ALL BY THESE PRESENTS:
SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
HOME OFFICE: SAFECO PLAZA
SEATTLE. WASHINGTON 98185
No.
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; BRIDGETTE S. JACKSON; Dallas, Tcxas•••'•••
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 loth
CHRISTINE MEAD, SECRETARY
CERTIFICATE
day of April 2003
C~\
MIKE MCGAVICK, PRESIDENT
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-fad 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 evidendng 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 Arfide V, Section 13 of the By-Laws, and
(ii) A copy of the powerof-attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-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, Christine Mead, 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 coned, 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 l~ day of ~~42".--i~J~l ~i~ O,~
v
SEAL
x i
CHRISTINE MEAD, SECRETARY
t3-0o71JSAEF ?/01 6 A rpltlersd IndsrMrk of SAFECO Corporatbrt
04HOJ2003 POF
~,~ :.~ ,
SUBDIVISION AND SITE PLAN
Bond Number: 6102844-1
MAITITENANC)E BOND FOR WATER AND SEWER FACILITIES
KNOW ALL MEN BY THESE PRESENTS:
Centex Hornes, A Nevada
That we Genera_1 Partnership ,whose address is 385 Douglas Ave_,
Altamonte Springs, PL 32714, hereinafter referred to as "Principal" and SAFECO Insurance Company
of America ,whose address is SAFECO Plaza, Seattle Washington 98185
hereinafter referred to as "Surety" are held and firmly
bound unto City of Winter Springs apolitical subdivision of the State of Florida, whose
addTe55 iS l 1126 E. SR 434, Winter Springs, Florida 32708
hereinafter referred to as the "City" in the sum of $ 26 , 275.00
for the payment of which we bind ourselves, heirs, executors, successors, and assigns,
jointly and severally, firmly by these presents:
WI~REAS P12T~TClPAL has constructed certain improvements, including water and
sewer facilities and other appurtenances in that certain subdivision described as _
. a plat of which is recorded in )?lac Book ,, Page
-a ,Public Records of City of Winter Springs, Florida.
WHEREAS, the aforesaid improvements were made pursuant to curtain plals and
specifications dated ,and filed with the Department
of Environmental Services of City of Winter Springs,
WHEREAS PRIlV'CIPAL is obligated to protect the CITY against any ~le~ects
resulting from faulty materials or workmanship of said iiaprovem,ents and to m.iiutain
said improvements for aperiod of two (2) years from February 28 ~ Z(~ 02 .
NOW THRFFORE, the condition of this obligation is such that if PRINCIFAI: shall
promptly and faithfully protect the CITY against auy improvements and maintain
said improvements for aperiod oftwo (2) years from February 28 , , 2C 02 ,
Then this obligation shall be nuII and void, otherwise it shall remain in full fon:e and
effect.
The Department of Environmental Services shall notify the PRINCIPAL in wri :ing of
any defect for which the PRINCIPAL is responsible and shall specify in said nr~tiee a
reasonable period of time within which PRINCIPAL shall have to correct said defe~:t_
,/ ..• ~
The SURETY unconditionally covenants and agrees that if the PRINCIPAL iai-s to
perform within the time specified, the SURETY, upon 30 days Written notice: from
CITY , or its authorized agent or officer, of the default will forthwith correct such
defect or defects and pay the cost thereof, including, but not limited to engineering, legal
and contingent cost. Should the SURETY fail or refuse to correct said defects, the
CITY , in view of the public interest, health, safety, welfare and factors involve d, 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 l~.w and
in equity, including specifically, s_..pecific performance to which the PRINCIPAL and
SURETY unconditionally agree.
The PRINCIPAL and SURETY fiurtber jointly and severally agree that the CITY
at its option, shall have the right to correct said defects resulting from faulty materials or
worlonanship, or, pursuant to public advertiserttent and receipt of bids, caused to be
corncted any defects or said defects in case the PRINCIPAL shall fail or refuse to do so,
and in the event the CITY should exercise and give effect to Such rig;it, the
PRINCIPAL and the SURETY shall be jointly and severally hereunder to reimburse the
CITY the total cost thereof, including, but not limited to, engineering, legal and
contingent cost, together with any damages eithex direct or consequent which riay be
sustained on aceount_of the failure of the PRINCIPAL,to correct said defects.
IN WITNESS WHEREOF, the PRINCIPAL anal the SY?'R.ETY have executed these
presents this 28th day of_ February 2002•
Address:
3 $S Douglas Avc
Altamonte Springs, FL 32714
Address:
1601 Elm St., Ste. 2100
Dallas, Texas 75201
Centex Homes, A Nevada
General Partnership _ (f EAj•,)
A
Its:
Its: ~:~~.t~f~F-•
JAr~I.V 11tauLGlll:c ~,~uiNauy
of America ___(`~F.A.L)
Countersigned By: ,~
Ju A. Russell
ATTEST:
AMERICA ~. y
t jj~~ (-`° ;
ttorney-in-Fact, D oral- G i f~'f i. try
PRINCIPAL
~,
~~
S A F E C O® OF ATTORNEY
KNOW ALL BY THESE PRESENTS:
SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
HOME OFFICE: SAFECO PLAZA
SEATTLE, WASHINGTON 98185
No. 7386
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 GRIFF[TH; ALLYSON DEAN; BRIDGETTE S. JACKSON; Dallas, Texas*********
its true and lawful attorney(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 1st
day of June
R.A. PIERSON, SECRETARY MIKE M GAVICK, 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-of-attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-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 2STH day of FEBRUARY
-~
~ SEAL
der 1953 d~
F~ rv~
S-0974/SAFE 2/01
J~~- -xq
?~' CORPO~TE
y SEAL
y x
~ ta2~
'~~otwasa~i~~
2001
2002
..,~Q.~
R.A. PIERSON, SECRETARY
®A registered trademark of SAFECO Corporation
6/1/01 PDF
- ~
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
Ronald W. McLemore
City Manager
Ralph Smith
Land Development Manager
Centex Homes
385 Douglas Avenue, Suite 2000
Altamonte Springs, Florida 32714
This agreement is to confirm that the City will issue you not more than ten (10)-
building permits for Phase III of Parkstone in Winter Springs.
In issuing you these permits it is understood that Certificates of Occupancy for
these 10 units will not be issued until such times that all improvements have been
accepted by the City for this phase of the development.
It is further understood that no additional building permits will be issued for this
phase until such time that all improvements are accepted by the City.
Entered into this 14th day of January 2002 in Winter Springs,
Florida.
~JJ~~r (,
Ronald W. McLemore
City Manager
Witness
~~,-?~
/
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
Ronald W. McLemore
City Manager
AGREEMENT
An Agreement between the City of Winter Springs, Florida
and Centex Homes, Inc. for the provisions of extraordinary
building plan review services by the City of Winter Springs
for Centex Homes, Inc. entered into this the 6th day of
February 2002.
It is hereby agreed this 6th day of February 2002 between the City of Winter Springs and
Centex Homes that Centex Homes will pay the extraordinary costs associated with their
request for extraordinary building plan review services. Centex will pay for the review
services at a rate of $60.00 per hour. Centex agrees to provide a $10,000 check to advance
the cost of said services. The City will provide a monthly statement detailing services
charged against the advance payment and any remaining balance.
Both parties agree that the extraordinary costs paid by Centex Homes will provide a
dedicated city employee to process Centex Homes building plans and permits.
/~U!~
Ronald W. McLemore
City Manager " .
.
SUBDIVISION AND SITE PLAN
Bond Number: 6102844-1
MAINTENANCE BOND FOR WATER AND SEWER F ACll...ITffiS
KNOW ALL MEN BY THESE PRESENTS:
Centex Homes, A Nevada
That we General Partnership , whose address is 385 Dougl~ Ave_,
Altarnonte Springs, FL 32714. hereinafter referred to as "Principal" and SAFECO Insurance Company
of America . whose address is SAFECO Plaza, Seattle Washington 98185
. hereinafter referred to as "Surety" are held and firmly
bound unto City of Winter Springs a political subdivision of the State of Florida., whose
address is - 1126 E. SR 434, Winter Springs, Florida 32708
_ hereinafter referred to as the "City" . in the sum of$ 26 ,275 .00
for the payment of which we bind ourselves, heirs, e:xecutors, successors, and assigns,
jointly and severally, firmly by these presents:
WHEREAS PRJNCIP AL has constructed certain improvements. including warer and
sewer facilities and other appurtenances in that certain subdivision described as __
. a plat of which is recorded. in Plat Book .' Page
, Public Records of City of Winter Springs, Florida.
?"
WHEREAS, the aforesaid improvements were made pursuant to certain pla:1S and
specifications dated I _, and filed with the Department
of Environmental Services of City of Winter Springs.
WHEREAS PRINCIPAL is obligated to protect the CITY against any ILe{ects
resulting from faulty materials or wor1an.anship of said unprovernents and to m.ilntBin
said improvements for a period of two (2) years from February 28 . , 2(1~.
NOW TBREFORE, the condition of this obligation is such that if PRINCIP AL ~hall
promptly and faithfully protect the CITY against any improvements and maintain
said improvements for a period of two (2) years from February 28, . 2C~,
Then this obligation shall be null and void, otherwise it sballremain in .full fOI1:e and
effect.
The Department of Environmental Services shall notify the PRINClP AI.. in wriing of
any defect for which the PRlNClP AL is responsible and shall specify in said notice a
reasonable period of time within which PRINClP AL shall ha.ve to correct said defel:L
The SURETY unconditionally covenants and agrees that if the PRINCIPAL fa.i~ to
nerforrn within the time specified, the SURETY, upon 30 days written notict: from
CITY , or its authorized agent or officer, of the default will forthwith correct such
defect or defects and pay the cost thereof, including, but not limited to engineering. legal
and contingent cost. Should the SURETY fail or refuse to correct said defects, the
CITY , in view of the 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 kw and
in equity. including specifically, specific performance to which the PRINCIPAL and
SURETY unconditionally agree.
The PRINCIPAL and SURElY further jointly and severally agree that the CITY
at its option, shall have the right 10 correct said defects resulting from faulty materials or
workmanship, or, pursuant to public advertisement and receipt of bids, caused to be
corrected any defects or said defects in case the PRINCIPAL shall fail or refuse to do so,
and in the event the CITY should exercise and give effect to such rig: It, the
PRINCIP AL and the SURETY shall be jointly and severally 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 consequent which nay be
sustained on account. of the failure of the PRINClP Al.;. to correct said defects.
IN WITNESS WHEREOF. the PRINCIPAL and the SURETY have executell these
presents this 28th day of Februarv 2.Q.Q.2..
Address:
385 Douglas Ave
Altamonte Springs, FL 32714
(EEAL)
By:
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Its: CO::,;LI>I~f--
Address:
1601 Elm St., Ste. 2100
Dallas, Texas 75201
on)
SAFECO Insurance Company
of America _J~;EAL)
~~~ AMERICA /"-,:
By: . ~aL V::1'
ttomey~in.Fact, Ddora!; G
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ATTEST:
Countersigned By:
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~ SAFECO~
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POWER
OF A TIORNEY
SAFE CO 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
..........LA WRENCE W. WALDIE; CARMEN MIMS; BRIAN M. LEBOW; DEBORAH GRIFFITH; ALL YSON DEAN; BRIDGETTE S. JACKSON; Dallas, Texas.........
its true and lawful attorney(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 1st
day of June
, 2001
R.A. PIERSON, SECRETARY
~~Ml:':~~E~
~t7..2?~
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-of-attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-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
28TH
day of
FEBRUARY
2002
~t7..2?~
R.A. PIERSON, SECRETARY
S-0974/SAEF 2/01
@ A registered trademark of SAFECO Corporation
6/1/01 PDF
• .'
` ~ ~. ,
r
SUBDIVISION BOND
Bond No. 6236195
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
WINTER SPRINGS. FL
as Obligee, in the penal sum of One Hundred Ni
as Surety, are held and firmly bound unto CITY OF
Nine Thousand Seven Hundred Ninety and 00/100 - - - - - - - - - - - - - - - - - - -
--------------------------------------------• ($199,790.00
)DOLLARS, lawful money of
the United States of America, for the payment of which well and truly 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 construct in Heritage Park aka Wagners Curve
the following improvements: Paving
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION 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; otherwise to remain in full
force and effect.
Signed, sealed and dated this
4th
day of
September 20G~3
(:ounteraigned~~By; a ,~
Jt A. Rus:s~ll
~FMorida Resident Agent
S-3889/GEEF 2/98
CENTEX HOMES, A Nevada General Partnership
Principal
By:
-.
SAF INSURANCE CO ANY OF AMERICA
By:
ALLYSON D N Attorney-in-Fact
,~
..
" • C POWER SAFECO INSURANCE COMPANY OF AMERICA
Y S A F E C O' GENERAL INSURANCE COMPANY OF AMERICA
~ OF ATTORNEY 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; BRIDGETTE S.IACKSON; Dallas, Tcxas
its true and lawful attorney(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
attnctP[1 these presents
this IOth
day of April 2003
CHRISTINE MEAD, SECRETARY MIKE MCGAVICK, PRESIDENT
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Amide 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-fad 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 evidendng 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 o(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 Artide V, Section 13 of the By-Laws, and
(ii) A copy of the power-0f-attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power-o(-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."
1, Christine Mead, 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, 1 have hereunto set my hand and affixed the facsimile seal of said corporation
this '~ l~'f" r' ` _ day of d" ~~~t.~- ~~ .
'~
SEAL
x i
CHRISTINE MEAD, SECRETARY
5-0071lSAEF 4/01 6 A npblerod traderrutk d SAFECO Corporatbn
04H0/4003 PDF