HomeMy WebLinkAboutBlue Orange Holding III, LLC Subdivision Bond - 2025 06 23SUBDIVISION BOND
DATE: July 21, 2025
Subdivision Bond # 2364786
IC IOW AI,T M N BY THESE PRESENTS: That Blue Orange Holdings III,. LLC_ as Principal,
whose address is PO Box 1013, OaKl34760 and, FL Swiss a I Corporate Solutions
_ _ ,and America Insurance Corporation
1200 Main Street, Suite 000,
as Surety, whose address is - Kansas Clty, MO 64105-2478 are held and firmly bound to the
CITY OF WINTER SPRINGS, a Florida Municipal Corporation, in the penal sum of
$9e,395.00-(Ninety-Eight Thousand Three Hundred Ninety -Five and00/100lawful money of the United States, for the
payment of which sum well and tnrty to be made, we bind ourselves, successors and assigns, jointly and
severally, firmly by these presents. This Subdivision Bond is issued for the full and complete construction of
any and all the infrastructure improvements to be constructed by the Principal and/or the Principal's agents or
assigns for the subdivision named Sutton Crossings Development - Michael* __, located within the City of
Winter Springs, and approved by the City Commission on 06/23/2025 . Such
infrastructure improvements are itemized on EXHIBIT "A," which is attached hereto and fully incorporated
herein by this reference, and also depicted on the Final Engineering Plans approved by the City Commission
on 05/12/2025 ---and prepared by EPB Engineering a construction, PLLC ("Plans'). Construction of said
infrastructure improvements shall be in accordance with all applicable City Ordinances, the Plans, and
Developer's Agreement (if applicable) between the City and the Principal related to the subdivision. ("City
Development Approvals'D.
THE CONDITION OF THIS OBLIGATION is such that, the Principal has sought approval from the
City to develop and construct the aforementioned subdivision on property located within the boundaries of the
City of Winter Springs, and said approval is contingent upon the Principal providing to the City this
Subdivision Bond to insure that any and all infrastructure improvements are constructed in
compliance with the City Development Approvals
*Blake Blvd Frontage Improvements
Fo V14.1122
NOW, THEREFORE, if the Principal shall well and faithfully perform said construction of said
infrastructure improvements in accordance with the City Development Approvals, and shall pay all direct and
indirect damages to any person, firm, company or corporation suffered or sustained on account of the
performance of said construction and development during the time thereof and until such is completed and
fully accepted by the City, then this obligation shall be null in void; otherwise it shall remain in full force
and effect. If not expressly stated otherwise in the City Development Approvals, all infrastructure covered
by this Subdivision Bond shall be fully installed in a manner deemed acceptable to the City no later than
two (2) year(s) from the date that this Subdivision Bond is issued to the City by the Surety. Principal and
Surety agree that any extension of time granted by the City to complete the installation of the
infrastructure shall not constitute a waiver or release of the City's right to make a claim under this
Subdivision Bond. Principal and Surety, joint and severally, shall fully indemnify and save harmless the
City of Winter Springs from all costs and damages which it may suffer by reason of failure to faithfully
perform, and shall reimburse and repay the City of Winter Springs all outlay and expense in making good any
default, including but not li nited to engineering, legal and other costs, together with any damages, either
direct or consequential, which the City may sustain on account of the Principal's failure to correct such defect,
and shall in all respects fully and faithfully comply with all the covenants, terms, conditions and agreements
with the City of Winter Springs related to the City Development Approvals.
In the event that the Principal fails to install and/or repair, remedy or correct any defect associated
with the construction of the infrashucture improvements per the City Development Approvals, the Surety shall
pay to install and/or remedy or correct any such defect, up to the aggregate amount of the penal sum.
The City of Winter Springs shall furnish written notice to the Principal and Surety of any non-performance or
default on the part of the Principal. In the event the non-performance or default is not cured within thirty (30)
days following the date that said notice is received by the Surety, the City may elect, in its sole discretion,
to require the Surety to tender to the City the full penal sum of this Subdivision Bond or proceed to
have the work completed. If the City chooses to complete the work, upon completion by the City, the City
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shall present a statement of costs relative to any said corrective work. The Surety shall provide payment in
full of the total amount contained in the statement of costs to the City within five (5) business days of the
receipt of said statement of costs. Any sum not timely paid to the City shall also accrue interest at the highest
rate allowed by law until fully paid regardless of, and in addition to, the penal sum of this Subdivision Bond,
The Surety shall also pay all costs, expenses, and interest, including reasonable attorney's fees and costs
under sections 627.428 or 627.756, Florida Statutes, incurred by the City in successfully enforcing the
terms of this Subdivision Bond in a court of competent jurisdiction regardless of, and in addition to,
the penal sum of this Subdivision Bond. Nothing contained herein shall limit or restrict the City's
rights and remedies against the Principal as provided under the City Development Approvals and by
law.
The amount of this Subdivision Bond may be reduced upon the receipt by the undersigned of a written
statement executed by the City Engineer of the City of Winter Springs, or such other pet -son as may be
authorized by the City Manager of the City of Winter Springs, and signed, as such, stating that a particular
infrastructure improvement or portion thereof has been completed and accepted or approved by the City of
Winter Springs. The amount of the reduction shall be specified in said written statement,
The Principal and Surety hereby stipulate and agree that no change, extension of time,
alteration or addition to the terms and conditions of the City Development Approvals, or to the
infrastructure improvements to be performed thereunder, shall in any way affect their obligations
under this Subdivision Bond, and they hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the aforementioned approvals by the City. Any such change,
extension of time, alteration or addition shall be deemed automatically incorporated hereunder by
this reference. This Subdivision Bond shall be governed by, and construed in accordance with the
laws of the State of Florida. In the event any legal action filed upon this Subdivision Bond by the
City, Principal or Surety, venue shall lie exclusively in the Circuit Court for Seminole County,
Florida. All written notices required under this Subdivision Bond shall be provided to the addresses
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V.-! V2.6 24 22
stated above, or it not so stated, to the entities duly authorized registered agent in Florida. This
Subdivision Bond shall remain in full force and effect until such time all the work, labor and.
materials to construct the infrastructure improvements have been performed and provided to the
City's complete satisfaction, through the expiration of all warranty periods. This Subdivision Bond
may expire sooner only upon written release by the City.
IN WITNESS WHEREOF, this Subdivision Bond is executed by the Principal and Surety this
21st day of July , 2025.
Blue Oranae Holdings III, LLC
Principal (Signature)
Manager
(Pri ame and Titl` e)
Swiss Re Corporate Solutions America Insurance Corporation
Surety (Signs ure)
(Print (lam n ' itle) r
Jeffrey W. ch. Attorney -In -Fact &
FL Llcensed Resident Agent (407) 786-7770
Acknowledgement of Acceptance of the Subdivision Bond:
CITY OF t-SPRt GS
By: - - -
ity Managecr
APPROV�Eq AS TO FORM FOR CITY:
By:
X��
ty At orney
4
SWISS RE CORPORATE SOLUTIONS
SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION ('SRCSAIC")
SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION ('SRCSPIC')
WESTPORTINSURANCE CORPORATION ("WIC")
GENERAL POWER OF ATTORNEY
KNO1V ALL MEN BY THESE PRESENTS, THAT SRCSAIC, a corporation duly organized and existing under laws of the State of Missouri, and
having its principal office In the City ofKwisas City, Missouri, and SRCSPIC, a corporation organized and existing under the laws ofthe State of
Missouri and having its principal office in the City of Kansas City, Missouri, and WIC, organized under the Ian's of the Slate ofMissouri, and having its
principal office in the Cily of Kansas City, Missouri, each does hereby make, constitute and appoint:
JEl'FRL'Y W. REICH, SUSAN L. REICH, KIM E. N1V, TERESA L. DURHAM, CHE.RYL A. FOLEY, LISA A, ROSELAND,
EMILY J. GOLECKI, SONJA AMANDA FLOREE HARRIS, ROEERT P. O'LINN, NATHAN K. REICH, and SARAH K, O'LINN
TO)NTLY OR SEVERALLY
Its true and law'l'ul Atlorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalfand as its act and deed, bonds or other writings
obligatory in the nature of a bond oil behalf ofeach of said Companies, as surely, on contracts of suretyship as are or may be required or permitted by
law, regulation, contractor otherwise, provided dial no band or undertaking or con Iract or suretyship executed under thisauIhority sit all exceed the
amount of;
TWO HUNDRED MILLION ($200.000.000.00) DOLLARS
This Power ofAtlomey is granted and is signed by facsimile under and by the authority of the (bllow•ing Resolutions adopted by the hoards of
Directors ofboth SRCSAIC and SRCSPIC at meetings duly called and held on the l8th ofNovember 2021 and 1111C by w'rinell consent of its
Executive Committee dated July 18, 2011.
"RESOLVED, that any I\so of the President, any Managing Director, any Senior Vice President, any Vice President, the Secretary or any' Assistant
Secretary be, and each or any' of them hereby is, authorized to execute a Potter of Attorney qualifying the attorney named in the given Power of
Attorney to execute on behalf of the Corporation bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to
attest to the execution of an), such Pow'cr of Attorney and to attach therein (lie seal of the Corporation; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Corporation maybe affixed to any such Po\ver of Atlome), or to
any certificate relating thereto by facsimile, and any such PowerofAtlomey or certificate bearing such facsimile signatures or facsimile seal shall be
bind ine uoon the Corporation when so arfixed and in the future with E%, and to any bond, undertaking or contract of surely to which it is attached."
mmrra,,,,,, 1
AMER,"",, ."`Xaik PR
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S E A L r �;,5rn., ' YMOm10r5RC3A1C45urFr1'hrPrealOu•I w �N
e5' ••'• ,' n: s R'SPIC Senlor Vict pre 'Iraltr w'IC' tit 7S/Lf
'�'"3'''•.;4jSsp�a`•'•.rr`'- J •i{
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& %i. a oldnit P 11'!c
IN 1VITNESS IVI IEREOF, SRCSAIC, SRCSPIC, and WIC have caused their official seals to be hereunto affixed, and these presents to be signed by their
authorized officers
Ihisl0TH day of NOVEMBER 20 23
Swiss Re Corporate Solutions America Insurance Corporation
Slate oflllinois Swiss Re Corporate Solutions Premier Insurance Corporation
County of Cook ss Westport Insurance Corporation
On Ibis IOTH day of NOVEMBER 20 23 , before me, a NoIat}• Public personally' appeared Erik Janssens , Senior Vice President ofSRCSAIC
and Seninr Vice President of SR an Ldnior VSeice President of NY IC and Geraid JRarow:ski , Vice President oPSRCSAIC and Vice President of
SPCSPIC and Vice President of 1VIC, personally knm57i to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney
as officers of and acknowledged said instrument to be the voluntary act and deed of theirrespgt ive • mpanies.
Karenyaz\\'edn, Notary
I, letliew Goldbcrr .the duly elected Senior Vice President and Assistant Scereton• ofSR(:I C and SRCSPIC and 1VIC, do hereby certify that the above and
Ibregoing is R true and coirect copy of a Power ofAltorrieygiven by said SRCSAIC and SRCSPIC and WIC, which is still in full force and eRcct
IN WITNESS 1VHEREOF, I have set my hand and affixed the seals of the Companies this l2tay of -J. I 20.Z>a
KAREN M SZYVEDA -Y+� � / , � ✓~..�-, �•,� • • �•` �.%. •`
JefTrey Goldberg, Senior Vice President 8 : '�' rr�`; ••
NdMyK*k. lade ofliliriota AssistantSecrctnr•ofSRCSAICand f n1' .r• ;�•f'.�f.1
ComirianNo.97B62A SRCSPIC and WIC �'• !� " r�•
CtntnirttionElpileSSeptembEoN.2027 ,� a
EXHIBIT "A"
Engineer's Cost Estimate
Sutton Crossings Development
Project Location:
E. SR 434 & Michael Blake Blvd, Winter Sprinps FL
Plan Name/Number:
FLA240162.00
Prepared For:
City of Winter Springs
Prepared By:
Bohler
Date of Cost Estimate.
July 26, 2025
Item
GuantItV Unit I Unit Cost: Total Notes
Site Preparation/Demolition
MalntenceofTraffic
1
LS
$1,000.00
$1,000.00
Mobilization
1
LS
$2,500.00
$2,500.00
Earthwork
Erosion & Sediment Control
1
LS
$1,000.00
$1,000.00
Demo & Removal of Existing Asphalt & Curb
3,000
SF
$3.00
$9,000.00
Utilities
Drainage Structures
Inlet, Type C, with Grate
1
EACH
$6,500.00
$6,500.00
Sanitary Sewer Manhole (48" dia, 8' depth)
1
EACH
$8,000.00
58,000.00
Stormwater System Tle-In
1
EACH
$4,500.00
$4,500.00
Sanitary Sewer Tie -In to Main Line
1
EACH
$4,000.00
$4,000.00
Paving + Concrete
Paving
Curb & Gutter, Type F (FDOT)
250
LF
$75.00
$18,750.00
Concrete Sidewalk (6' wide, 4" thick)
360.00
LF
$45.00
516,200.00
Asphalt Paving (1.5" SP-9.5+Base)
3,000.00
SF
$6.00
$18,000.00
Bohler engineering has no control over costs of labor, materiel,
bidding, unidentified field conditions, market conditions, or any
other factors like to affect this 0PC This 0PC is valid for this date
and there Ilab lllly of the 0PC will degrade overtime. Bohler cannot
and does not warranty, promise or guarantee that proposals, bids,
project construction cost will not vary sign IBcanliy from this 0PC.
Off -Site Subtotal
$89,450.00
Contingency (10%)
$8,945.00
Off -Site Totall
$99,395.00
DOvyy rpMeNR,YabY
/).+%:'\� Ma F•ennn,'Ce/Mrn,+amlgr•Y,v
'•!�` d M10 It b as afera!
This ilom has boon digitally signed and soeiod by Kyle sloven
Moral, PC, on the dale adjacent to the soal. Pdnlod mplas of
Ihls documonl are not considered signed and sealed and the
slgn.lure must bo vodfod on any electronic copios,