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HomeMy WebLinkAbout1840 Spear Street - Landscaping - 12/22/2010Mok AIA— (5outh`Jillage R ECONNECT Ray Belaire City of South Burlington Planning & Zoning Department S. Burlington, VT Dear Ray, Please accept the enclosed Bonds to replace Letters Of Credit currently held by your offices for South Village Communities LLC, per our earlier conversations and the attached schedule. Thank you for continuing to work with us, to develop South Village. We appreciate your time and efforts. Best wishes for the holidays! Sincerely, Robin Jeffers i South Village Communities LLC c/o Spear & Allen LLC PO Box 2286, S. Burlington, VT 05407 tel: 802-658-0202, fax: 802-658-6869 x Fq° 9 11 hw 0 Sh SOUTH V RA A fZ - L.E ERS OF CREDIT IMAW BY; we a A7yON Dsum&'l *N tteduced from $MfQCo $105, 90 In Om G&W & met fat C}tMNCEN 14428" $ 205,35o.0O Crr pi& tun ofPhaxe 1A-1 glsfataweks eomplated workers PM* L4 1 stre"s. ft aad uwde uttthtes Reduced ftam sl1 uv94 to sl n,7a5 to aatraunt for CHMDWEN 151690 $ 2$1,745.00 iettan of SW storm draqulrld tot tor+dolot wroampleted work which Iry ft SW storrowater pond ro**td tar Condo wnsntKOW. lkedwW tram iMIt m $73k on Dec: 08 to actsuuunt for CITIBANK 62SX563 $ 73,t3 K}oO Pon Ci of SO.Owl. tauft 100% comotWon off to indude NE and W Vrmerhip of krfiastructurr t!t ppg,615, Wner ruin Mdlend to Spear, sent JAW vrork atd *OIAAPV UNION OMK 112107.01 $181,79S.00 12/nA011 PhamIA StreetTreea MON BAftif ZIVO AI $ 29,100.00 11/19 all Phase IA Triplex &dd{rg Landst 0gv Bond No. 2134212 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that we South Village Communities, LLC as Principal, and North American Specialty Insurance Company, a Corporation authorized to do business in the State of Vermont, having an office and place of business at 160 Gould Street, Ste 208, Needham, MA 02494, as Surety are held and firmly bound unto Town of South Burlington, VT, as Obligee, in the sum of One Hundred Five Thousand, Three Hundred and Fifty Dollars ($105,350.00) Dollars, lawful money of the United States of America, for which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. SIGNED, SEALED AND DATED THIS 22nd DAY OF December, 2010. Whereas, the Principal has an approved subdivision plot plan with the Town of South Burlington, Obligee, under Site Plan called South Village Communities granted and approved by the Town of South Burlington, VT, whereas the Principal will guarantee completion of the Phase IA-1 Streets and Sidewalks. Now, therefore, the condition of this obligation is such, that if the Principal shall carry out all the terms of said agreement relating to the said Phase 1A-1 streets/sidewalks in the said subdivision, then this obligation shall be null and void, otherwise to remain in full force and effect. This bond is not transferable or assignable without the sureties express consent. No Party other than the Obligee shall have any rights hereunder as against the Surety. The aggregate liability of the Surety of the Bond Obligation set forth herein shall not exceed the penal sum hereof for any cause or reason, inclusive of attorney's fees or other costs. Witness /OrA/ Wrtne s South Village Communities, LLC By -�S�rj North American Specialty Insurance Companv By:�4, 4 Leslie A. Watson , Attorney -in -Fact NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: JEFFREY R. SEAVER, JOANNE VAN DYK COREY, DANIEL F. CASEY, DINAH L. JACOBSEN and LESLIE A. WATSON JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24th of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." ```1`� i`�Gt1x111u17Yl, OasNnin��n�y�g s 6Q:pPPORf�GQa� l0o RP'�yS 4ya b F;� By 1 s= 00 24TG s SEAL . o n Steven P. Anderson, President & Chief Executive Officer of Washington International Insurance Company SL z t¢it Zm 1973 `PtetOn` & Senior Vice President of North American Specialty Insurance Company ]lilt By David M. Layman, Senior Vice President ofWashington International Insurance Company �int�i'iwn�arva & Vice President of North American Specialty insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 22nd day of September , 2010. North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 22nd day of September 2010 , before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known 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 their respective comDanies. "OFFICIAL 5�S A� DONNA D. SKIENS Notary Public, State of Illinois My Commission Expires 10/01=111 km!lUPtQ 6 )` —W.- Donna D. Sklens, Notary Public I, James A. Carpenter , the duly elected Assistant Secrets of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this: 2nday of December , 20 10 James A. Carpenter, Vice President & Assistant Secretary of Washington International Insurance Company & North American Specialty Insurance Company