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HomeMy Public PortalAboutBond & CorrespondenceRIDER TO CHANGE AMOUNT FOR USE ON BONDS OF SURETYSHIP OTHER THAN FIDELITY To be attached to and form part of Subdivision Bond - Hidden Harbour Estates Plat Two (TYPE OF BOND) No 5492107 issued by ❑ WESTFIELD INSURANCE COMPANY ❑ WESTFIELD NATIONAL INSURANCE COMPANY ❑ OHIO FARMERS INSURANCE COMPANY in favor of Obligee on behalf of Haber View Estates, LLC -- Principal in the amount of Three Hundred Fiftv Five Thousand, Seven Hundred Seventy Three and 00/100 Dollars ($ 355,773.00 ), effective the 14 day of November 2011 It is hereby agreed that effective the 14 day of November 2013 the amount of this bond shall be decreased to Twenty Three Thousand, Seven Hundred Eighteen and 75/100 Onemased/deaeased) (New Amount Dollars ($ 23,718.75 ), (New Amount) The Surety's liability prior to the effective date of the change in amount shall not exceed said date shall not tnew Nmuumt Dollars ($.23,718.75 1, (New Amount) However, the Surety's liability shall not be cumulative or in any event exceed in the aggregate the larger amount SIGNED AND DATED this 14 day of November . 2013 ACCEPTED: Harbor View Estates, LLC Towa of Gulf Stream Principal Obligee ��'�`�� By/�n t il—.1, Principal Title Please return signed copy of acceptance to karen.amato@wellsfargo.com Bd5449 OFWWN (07-04) ® WESTFIELD INSURANCE COMPANY ❑ WESTFIELD NATIONAL INSURANCE COMPANY ❑ OHIGFARMERS� INSURANCE COMPANY By Karen M. Amato Attorney -in -Fact THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER # AND ISSUED PRIOR TO 04118113, FOR ANY PERSON OR PERSONS NAMED BELOW. General POWER NO. 3744892 01 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center. Ohin Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individuall as a "Com any" and collectively as "Companies," duty organized and existing under the laws of the State of Ohio, and having its principal office In Westf%Id Center, Medina County, Ohio, do by these presents make, constitute and appoint KAREN M. AMATO, ZACHARY L MENDELSON, MARK F. SUSCO, KATHRYN J. FINDLAY. KATHLEEN M. KUREMSKY, JOINTLY OR SEVERALLY of PITTSBURGH and State of PA its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship -- - - - -- - -- ----- -- ---' _ _" LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE UUARANTEE OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal ppof the applicable Company and duintment is ll attested by its yy Secretary, hereby ratifying and confirming all thed byat the said Attorney(s)-in-Fact may do in the under and b WESTFIELD INSURANremises. Said CEoCOMPANY. WESTFIELD NATII NALtINSURANCE COMPof the ANY and OHIO FAsolution RMERS NSURANCEthe Board fDirectors COMPANY of each of the "Be It Resolved, that the President. any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for and on behalf of the Company sub�ecl to the following provisions: The Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recogninmes, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." Be It Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February B. 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 18th day of APRIL A.D.. 2013 . corporate �t}YII.(,y� ,-•-,...... I•%y % f.• •""��°•'"'+ye WESTFIELD INSURANCE COMPANY Seals ,..•--.• 4 �;.. Y, .1. _ WESTFIELD NATIONAL INSURANCE COMPANY Affixed v: re. ps : O: •.•.p Si 0, Wr OHIO FARMERS INSURANCE COMPANY iR SEAL =�-: :� ~ =N`. •!i ....... r By State of Ohio °0 •• Dennis P. Baus, National Surety Leader and County of Medina ss.: Senior Executive On this lath day of APRIL A.D., 2013 , before me personally came Dennis P. Baus to me known, who. being by me duly sworn, did depose and say, that he resides In Wooster, Ohio; that he is National SuratLeader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY• the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that 4hey were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like o �NotarialSeal Affixed .,�P.. .SFS* ' William J. Kahelin, A rney a[ Law, Notary Public State of Ohio �o My Commission Does Not Expire147.03 Ohio Revised Code) County of Medina ss.: `+�y� "d_ I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 14 day of November ✓..9,°:2013 - SAI. IV 0 N; SEAL Sac*rtary `i 1848 -i-` •., g, .• .-�i Frank A. Camino, Secretary BPOAC2 (combined) (06-02) Wells Fargo Insurance Services USA, Inc. MAC Y0105-150 Four Gateway Center 444 Liberty Avenue, Suite 1500 Pittsburgh, PA 15222 Tel: 4127653510 Fax: 877 808 2136 wellsfargo.com/wfis November 15, 2013 Chelsey Grattan Sea Side Builders 185 NE 4th Ave., Suite 104 Delray Beach, FL 33483 RE: Town of Gulf Stream Subdivision Bond — Hidden Harbour Estates Plat Two Westfield Insurance Company Bond No. 5492107 Decrease Bond Rider effective November 14, 2013 Dear Chelsey, Jim Patrinos instructed us to send you the enclosed rider for the described bond. The Engineer approved and recommended the bond be reduced to $23,718.75. Please have the rider signed by a principal of Harbor View Estates and forward to the Town for handling. The original rider should be signed by the Town and a copy of the signed rider will need to be returned to my attention, via email: karen.amato@wellsfargo.com. Enclosed is the renewal invoices for the above. The total due is $299.84 for the November 14, 2013 — 2014 term. You will find that the bond was renewed at the initial bond amount and then the premium was adjusted for the change effective 11/14/2013. Please remit the payment in the enclosed envelope along with copies of invoices. If you have any questions regarding the invoices or the handling of the bond rider please contact me at 412-227-4666 or email. Than C/ Karen aren M. Amato Surety Department Account Representative Enclosures Together we'll go far t Job No. 11025 EnviroDesigIF, Delo. November 1, 2013 ENGINEER'S OPINION OF COSTS HIDDEN HA RH 0 UR ESTATES -PLAT TWO CIVIL IMPROVEMENTS CIVIL SITE IMPROVEMENTS 0oiddr Bue Cw Tuei Ba4nm Rem.inine MAINTENANCE OF TRAFFIC I IS ® $1,500.00 SI,5W.00 MOBILIZATION I IS ® $5,000.00 $5,000.00 CLEARING&GRUBBING 275 AC © S5,00000 511,250.00 SURVEY LAYOUT I IS ® 51,500.00 $1,500.00 AS-BUILTS I IS ® S1,5W.00 S1,500m TESTING I IS ® $2,5W.00 f7,5W.00 POLLUTION PREVENTION I IS ® $5,000.00 55,000.00 SITE GRADING 1 IS ® S2,5W.00 52,50000 SODDED SWALES 2165 SY ® $4.50 59,74250 112" TYPE S3 ASPHALT 1335 SY ® $19.50 526,032.50 8' LIM. FROCK BASE 1400 SY ® 525.00 $35,000.00 12"COMPACIEDSUBGRADE 1530 SY ® 521.00 532,130.00 3"TYPE S3 ASPHALT 60 SY 0 S3S00 52,100.00 15" LIMEROCK BASE 63 SY ® 540.00 52,520.00 ROADWAY TRENCH REPAIR 63 SY 0 $45.00 $2,935.00 IMPORT, SPREAD, & COMPACT FILL 1,500 CY ® 512.50 $18,750.00 RETAINING WALLS (AVG 4' HEIGHT) 255 LF @ S120.00 $30,600.00 TYPE C -INLET 10 EA @ $1,750.00 $17,500.00 MANHOLE 6 EA ® 52,250.00 S13,5W.W 12"HDPE 865 LF ® $22.00 $19,030.00 12"SDR35 PVC 606 LP ® S75.00 $15,450.00 I2" PERF HDPE W/ 3"AT TRENCH 120 LF @ 5110.00 $9,600.00 CORE EXISTING SEAWALL 2 EA ® S1,230.00 52,500.00 12"X12"KEYWAY ROCK TRENCH 125 LF ® $40.00 ss'wom STRIPING & SIGNAGE 1 IS ® 51,500.00 51,500.00 TRENCH DRAIN W/ CONCRETE 15 LF ® $180.00 $2,70.00 6" SCH 80 PVC 20 LF ® $20.00 5400.00 15" RCP 64 SY ® 535.00 52,240.00 2"WATERSERVICE 5 EA ® $1,500.00 S7,500.W 6"X6"TAPPING SLEEVE &VALVE I EA ® 53,500.00 53,500.00 FIRE HYDRANT ASSEMBLY I Mel ® 52,550.00 $2,550.00 i+e�a�+•oped,dcad i,w ewmmwd i+"wweW ns wm . a.e'oa w a anwam aw.q. �u:or. ra'tl ^W'M ybaNalY. Cdb�v MW Immo, Wi �ae+a,+'e'wi.mmmn.uwua�+,a..i. cedrm6 $1,500.00 $500.00 5625.00 54,871.25 $13,016.25 $1,050.00 SUBTOTAL $121,03&00 $ 21,56250 IB%CONTINGENCY S32,34).00 S 2,15625 TOTAL S35IMAIB-:1'-5'.""25;116'2$. Joseph A Pike, P.E, Pm FL RegWration No. 42696 FL cwiri orANhoiintion 46506 PepeI 11026w mmeH,p.W NOV 16 2011 WESTFIELD INSURANCE COMPANY Town of OW VVMMk PL Westfield Insurance 1 Park Circle, PO Box 5001, Westfield Center, Ohio 44251-5001 Bond No. 5492107 KNOW ALL MEN BY THESE PRESENTS: THAT WE, Harbor View Estates, LLC ("Contractor"), as Principal, and WESTFIELD INSURANCE COMPANY, an Ohio Corporation with its principal office at 1 Park Circle, Westfield Center, Ohio 44251-5001, as Surety, are held and firmly bound unto the Town of Gulf Stream, as Obligee, in the amount of Three Hundred Fifty Five Thousand Seven Hundred Seventy Three Dollars ($ 355,773) (the 'Penal Limit'), for the payment of which sum, well and truly to be made, we bind ourselves, our personal representatives, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, whereas the above named Principal did on or about the 14 day of November, 2011 enter into a Subdivision Agreement with the Town of Gulf Stream, covering the construction of improvements at Flat of Hidden Harbour Estates Plat Two, NOW THEREFORE, if the said Principal shall well and faithfully do and perform the things agreed by it to be done and performed according to the terms of said agreement, then this obligation shall be null and void; otherwise, it shall remain in full force and effect. Whenever Principal shall be, and is declared by Obligee to be in default, the Surety may promptly remedy the default, or shall promptly (1) Complete the improvements required by the agreement entered into by the Principal in accordance with the terms and conditions of said agreement subject to, and limited to, the Penal Limit set forth above, or (2) Pay such amount as agreed to by Surety and Obligee, which amount shall not exceed the Penal Limit set forth above. Any suit under this bond must be instituted before the expiration of one (1) year from the date on which Obligee provides written notice to the Surety of a claim hereunder. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of Obligee. Signed this 14 day of November, 2011. WESTFIELD INSURANCE COMPANY By: y�Gt/l�/�// /11.t//it/t 6 Karen M. Amato Attorney -In -Fact BD 5998 W (11-09) General POWER NO. 374489201 -Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company' and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint KAREN M. AMATO, ZACHARY L MENDELSON, MARK F. SUSCO, STEPHEN W. SQUEGLIA, KATHRYN J. FINDLAY, KATHLEEN M. KUREMSKY, JOINTLY OR SEVERALLY of PITTSBURGH and State of PA its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bondsrecognizances, undertakings, or other instruments or contracts of , suretyship_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: 'Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney -in -Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary. - 'Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached' (Each adopted at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 07th day of SEPTEMBER A.D., 2010 . Corporate Seals\asuaA'�C Affixed w, .w •'} 4; ?M: SEAL State of Ohio County of Medina ss.: AIR �5 .��..�..WESTFIELD INSURANCE COMPANY i .��`'=':!Yc%� WESTFIELD NATIONAL INSURANCE COMPANY r,Htfli �'� OHIO FARMERS INSURANCE COMPANY :33 _ 1848 :! s .......BYRichard L. Kinnaird, Jr., National Surety Leader and Senior Executive On this 07th day of SEPTEMBER A.D., 2010 , before me personally came Richard L. Kinnaird, Jr. to me known, who, being by me duly sworn, did depose and say, that he resides in Medina, Ohio; that he is Senior EXecutive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name /thereto �/� by like order. Notarial w•"""""'w. L County of Medina ss.: Seal ••`Fy\AL Affixed P: .......... `S William J. Kahelin, A rney at Law, Notary Public State of Ohio '.dam Mo.?, My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) q_ ,F ,- I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, tills 14 day of November A.D., 2011 ' �. S�r r • J • r. / SEAL :m_ .O: ?Cc •rs. ;,�,, :"o; ;x:.1848::' = Secreary Frank A. Carrino, Secretary BPOAC2 (combined) (06-02) r ivauclal Statement Westfield Insurance Co. December 31, 2010 Westfield Center, Ohio 44251-5001 (in thousands) ASSETS Cash, cash equivalents, and short term investments 8,516 Bonds 1,362,980 Stocks, unaffiliated 324,528 Stocks, affiliated 23,000 Agents' balances and uncollected premiums, net 328,480 Interest and dividends accrued 18,065 Other admitted and intangible assets 166.006 Total admitted assets LIABILITIES Reserve for unearned premiums 455,991 Reserve for unpaid losses and loss expenses 887,771 Reserve for taxes and other liabilities 141 A74 Total liabilities 1,485,236 SURPLUS Capital stock 8,220 Other than special surplus funds 420 Surplus 737.699 Total surplus 746,339 Total liabilities and surplus State of Ohio ss: County of Medina The undersigned, being duly sworn, says: That he is National Surety Leader - Surety Operations of Westfield Insurance Company, Westfield Center, Ohio; that said Company is a corporation duly organized, existing and engaged in business as a Surety Company by virtue of the Laws of the State of Ohio and authorized to do business in the State of .Florida ................................ and has duly complied with all the requirements of the laws of said State applicable to said Company and is duly qualified to act as Surety under such laws; that said Company has also complied with and is duly qualified to act as Surety under the Act of Congress approved July 1947, 6 U.S.C, sec. 6-13; and that to the best of his knowledge and belief the above statement is a full, true, and correct statement of the financial condition of the said Company on the 31st day of December, 2010. Attest n� ................................................... Frank A. Carrino Group Legal Leader, Secretary Sworn to before me this 9a' day of February A.D. 2011. My Commission Does Not Expire Sec. 147.03 Ohio Revised Code Ks ............ ........ iW: ;(l. chard L. Kinnair , Jr. 3 SEAL ° National Surety Leader Surety Operations William J. Kahelin AttomeyatLaw Notary Public — State of Ohio BD 5402 D 11�Ruden McClosl<y November 7, 2011 VIA REGULAR MAIL AND EMAIL William Thrasher, Town Manager Town of Gulfstream 100 Sea Road Gulf Stream, Florida 33483 200 EAST BROWARD BOULEVARD SUITE 1500 FORT LAUDERDALE, FLORIDA 33301 POST OFFICE BOX 1900 FORT LAUDERDALE, FLORIDA 33302 (954) 527-2404 FAX: (954) 3334004 MARK.GRANT®RUDEN.COM RE: Harbor View Estates, LLC/Seaside Builders, LLC/1220 North Ocean Blvd. Gulf Stream, Florida — Demolition Permit Dear Mr. Thrasher: Pursuant to your request, I am writing to request a temporary exemption from the December 1, 2011 for completing demolition. The temporary exemption is necessary to prevent substantial financial loss or undue delay in completing the project planned for this property, and the need for the temporary exemption did not arise solely out of the action or inactions of the applicant. As you are aware, the applicant has been seeking plat approval for this property for many months. It was delayed at the Architectural Review and Planning Board for two months and was once again delayed by the Town Commission's inability to obtain a quorum at its last meeting to vote on the plat. Although the delays amounted to approximately three months, we are seeking a mere 15 day extension of the deadline to December 15, 2011. RM:8158573.1 FT. LAUDERDALE • MIAMI • NAPLES • ORLANDO • PORTSE. LUCIE • EALIANASSEE • TAMPA • WEST PAW BEACH William Thrasher, Town Manager November 7, 2011 Page 2 We request that you support this request for an exemption and that it be added to the Commission's agenda for its November 10, 2011 meeting. We thank you for your past and anticipated continued cooperation. Mark F. Grant MFG/ekp cc: Rita Taylor (by email) John Randolph, Esq., Town Attorney (by email) Thomas D. Laudani (by email) RM:8158573:1 R. LAUDERDALE • MIAMI • NAPLES • URIANM • MRTST. LUCIE • TALLAHASSEE • TAMPA • WEST PALM BEACH