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Home My WebLink AboutCentex Homes Maintenance Bond for Water and Sewer Facilties - 2002 02 28~,~ :.~ , 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