HomeMy WebLinkAboutCentex Homes Subdivision and Site Plan - 2002 02 28
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:
~ I-'J j)eiJa?,'"'
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
.-
.,,-,,,,,,-
ATTEST:
Countersigned By:
~us~~~
~ SAFECO~
,,-~
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