HomeMy WebLinkAbout20050707 - Agenda Item - Final Plat Phase 2rnY or
BASF
HOME Of PELICAN ISLAND
CITY OF SEBASTIAN
AGENDA TRANSMITTAL
Subject: Resolution R-05-36 Final Plat for
Agenda No. 6 , 0 1
Sebastian River Landing Phase Two
Department Origin: Growth Manage t `
Purchasing/Contracting:
Ap ove f Submittal by: City Manager
Finance Director:
City Attorney:
City Clerk:
I n r
Date Submitted: September 7, 2005
For Agenda of: September 14, 2005
Exhibits: Resolution R-05-36, Application, Performance bonds, Non -monotonous plan, and Final Plat
EXPENDITURE REQUIRED:
AMOUNT BUDGETED:
APPROPRIATION
None
REQUIRED:
SUMMARY
Evans Group, LLC and KB Homes have filed an application for final plat for the 63 acre, single-
family residential Sebastian River Landing Phase Two Subdivision. The private, deed -restricted
subdivision includes a total of 189 single-family units thus creating a density of 3.00 units/acre, and
is accessed by bridge via Bellamy Trail through Sebastian River Landing Phase One.
Staff has verified that the final plat is in accordance with the preliminary plat approved by Resolution
R-04-41 on October 27, 2004. The City Attorney has reviewed the plat dedications. The subdivision
is adopting Phase One's bylaws, covenants, and restrictions with the addition of a non -monotonous
color and building scheme, as required by condition of approval for the preliminary plat.
Additionally, all engineering, and surveying details have been satisfied in accordance with Florida
Statutes.
As allowed by the City's land development regulations, the developer has posted a bond in the
amount of 125% of anticipated construction completion costs so as to permit final platting prior to
completion of infrastructure and site development requirements. The City Engineer has reviewed and
accepted the estimated remaining costs, and the City Attorney has reviewed and approved the
performance bonds. The City has required a separate performance bond for the construction of the
sidewalks, which must be completed within two years. Currently sidewalks are constructed lot by lot
as each individual building permit is issued. The sidewalk bond will provide for a complete system
regardless of remaining vacant lots after a reasonable period of time of new home construction.
RECOMMENDED ACTION
Approve Resolution R-05-36 to accept the final plat for Sebastian River Landing Phase Two.
Permit Application No.
S� 5� City of Sebastian
tlrric►r Annlinnfinn
HOME OfPEUCANI$1A uGVGIV V IlI%iIIV vIvv. .. - - -- - - -
Applicant If not owner,
written authorization notarized from owner is -required)
Name: William I► oil LondS Y V I (1
Address:5
31 I� no r w � a r Ft,
Phone Number: (3at )-1`31 - y� FAX Number: (3a I )151 - 4�IuS
Owner if different from applicant)
Name: C A)1'0 -b'/'* { Y7
Address: t o S4
Ve r 2
Phone Number: (-1"1 a ) as l0 - as 0$
FAX Number: (1130,; - oa u�
E -Mail:
pF-r
Title of permit or action requested:
PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING.
COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8-1/2" BY 11" COPIES OF ANY ATTACHMENTS
SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM.
A. Project Name (If applicable):
n R►v r ,
B. Site Information
Address:
YQi
Lot: Block: I Unit:
Subdivision:
Indian River County Parcel #:
Zoning Classification:
Future Land Use:
Existing Use: Proposed Use:
C. Detailed description of proposed activity and purpose of the reques d per or action (attach
extra sheets if necessa
Sc"bV iSbr i nol llc:- r
DATE RECEIVED: 611231o_Z-- FEE PAID: $�S��- RECEIVED BY'- ^ &
C tk i 701IR,
Permit Application No.
D. Project Personnel:
Agent:
Name:
Williq 00f
foi e Ine. i Jonam4n0L. •
Address
1u Nov -AV)
Mt1bgurly 4 P1 a7q35_7
Phone Number: (331 )"i5 I
- ytau Ll
FAX Number: (act 1 )?51 - LJ U y S
E -Mail: Y n O
Attorney:
r- S r
w{ r 4 Q_rr Sit y
Address
r
'C rA I
Phone N tuber:
FAX Num er: ( 776 );e3 - 1603
E -Mail:
S Yf1CSL)Mf'1 . cc r")
Engineer:
Name: ,
moshq f
Address
91455 i n
o
h ` Co0
Phone Number: ( 7&L)5toq
-0035
FAX Number: (-na )11$' - 3U1-1
E -Mail:
Surveyor:
Name:
Address
OY
��
Phone Number:
-tjl/gt/
FAX Number: (3.7J )71-/-g11L15-
E-Mail:
I, , BEING FIRST DULY SWORN; DEPOSE AND SAY THAT: _ I AM THE OWNER _ I
AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS
APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE
ACCU TE AND TRUE TO THE B ST OF MY KNOWLEDGE AND BELIEF.
'o��-
�'4x L.)
IGNATURE DATE
SWORN TO AND SUBSCRIBED BEFORE N
WHO IS PERSONALLY KNOWN TO ME OR
AS IDENTIFICATION, THIS Za DAY OF
NOTARY'S SIGNATURE
PRINTED NAME OF NOTARY
COMMISSION NO./EXPIRATION
SEAL:
EEII,�'*;_:,,�_
SAN• SERRY
MY (:OMHt' i )N k DD 393556EXPIRE.;,, bruary7, 2009
Bonded ThrU flcla r"uDlit UnderW�ters
MBVENGINEERING, INC.
CONSULTING ENGINEERIN
MOIA BOWLES VILLAMIZAR & ASSOC TES
OP
August 23, 2005
Ms. Dori Bosworth Via Hand Delivery
City of Sebastian
1225 Main Street
Sebastian, Fl 32958
Subject: Sebastian River Landings II
Sebastian, Florida
Engineer's Project Number: 02-634D
Dear Ms. Bosworth:
In order to record the final plat for the subject project, please find attached a certified cost
estimate for the remaining required infrastructure improvements. Please note that the total
price for each item is the contract price less that portion which has been constructed or
performed, inspected by this office, and certified by this office for payment by the owner
to the contractor as of the date of this letter.
It is proposed that a performance bond be accepted by the city in the amount of
$768,880.88, which is the grand total of the line items to be completed plus 25%. In
addition, a separate sidewalk bond is being provided for the construction of the required
sidewalk, which will be constructed during the individual lot home construction process
or within two years, whichever comes first. The total 4' wide sidewalk length is 7825 feet
x $12.00/ft = $93,900.00.
Please review the attached and confirm that this is acceptable to the city. Should you have
any questions regarding the above subject, please call.
BAM/jeh
E.
cc: Mr. Pete Fraccaroli - KB Homes
94.1i.r) - 14TH AVFNI IF VFRO RFA( -.H FI nRIhA R99fin
,Sebast�avu R"Ver L2VAi�g ii
cowLpLetiovt, cost EstLVI.ate
Item
Quantity
Unit
Unit Price
Total Billed
% Complete
Total to be completed
1. Sod Lake Banks
15324
SY
$
1.35
$ 20,687.40
90%
$
2,068.74
2. Seed & Mulch
40.04
ac.
$
1,875.00
$ 75,075.00
0%
$
75,075.00
3. Erosion Control
1
LS
-
$ 9,530.00
95%
$
476.50
4. Sewer TV Inspection
7836
LF
$
1.15
$ 9,011.40
0%
$
9,011.40
5. Lift Station
1
each
-
$131,270.00
50%
$
65,635.00
6. Sample Points
9
each
$
450.00
$ 4,050.00
0%
$
4,050.00
7. Fill & Flush Connection
2
each
$
1,200.00
$ 2,400.00-
0%
$
2,400.00
8. 6" Limerock Base
22666
SY
$
7.35
$166,595.10
86%
$
23,323.31
9. 1" Asphalt Type III
22655
SY
$
4.00
$ 90,620.00
0%
$
90,620.00
10. 3/4" Asphalt Tye III overlay
22655
SY
$
2.50
$ 56,637.50
0%
$
56,637.50
11. 2' Sod Strip
3620
SY
$
1.35
$ 4,887.00
0%
$
4,887.00
12. Signage / Striping
1
LS
-
$ 3,950.00
0%
$
3,950.00
13. Valley Curb & Gutter
15000
LF
$
8.35
$125,250.00
94%
$
7,515.00
14. Bridge
1
each
-
$ 741,015.00
65%
$
259,355.25
15. Engineering Certifications
1
LS
-
$ 3,800.00
0%
$
3,800.00
16. As-builts
1 1
LS
-
$ 10,000.00
79%
$
2,100.00
17. Geotech Testing Fees
1
LS
-
$ 20,000.00
79%
$
4,200.00
TOTAL
$
615,104.70
125% Bond 1 $ 768,880.88
siz 4
Date
Se, o!;�-
BOND NO.: 024022762
PREMIUM: $3,844.00
SUBDIVISION PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That KB HOME Treasure Coast LLC., as Principal and Liberty Mutual Insurance Company, a
corporation licensed to transact surety business in the State of Florida as Surety, are held and firmly bound
unto the City of Sebastian, as obligee, in the penal sum of Seven Hundred Sixty Eight Thousand Eight
Hundred Eighty and 88/100 Dollars ($768,880.88), for the payment of which sum well and truly to made,
we bind ourselves, our heirs, executors, successors and assigns, jointly and severally by these presents.
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that whereas said Principal, the owner of a
tract of land representing a subdivision entitled Sebastian River Landing Phase 2, and
WHEREAS, the map of said tract on which Principal desires to construct
Subdivision Improvements
hereinafter referred to as improvements, and petition the obligee to accept the improvements, and
WHEREAS, said obligee requires a bond conditioned for the improvements of said tract, and
WHEREAS, the Principal proposes at its own cost and expense to improve said tract within the limits of
said subdivision.
NOW, THEREFORE, if the said Principal shall well and truly cause said improvements, as herein before
specified, within the limits of said subdivision to be improved, then this obligation shall cease and be void,
otherwise it shall remain in full force and effect, and the Surety on this bond binds itself to said Obligee, to
the amount on the herein above stated penal sum, that said improvements shall be completed in accordance
with the agreement between Principal and Obligee.
IN WITNESS WHEREOF, said Principal has hereunto set its hands and seals, and said Surety has caused
these presents to be executed by its officers thereunto authorized this 23rd day of August 2005.
KB HOME Treasure
tLLC
LTJ i VPC O�S) QeA�i�me L
Tit],)
M. Pietrangelo, 47L. Resident Agent
Aon Risk Services, Inc. of FL
1001 Brickell Bay Drive, Suite 1100
Miami, FL 33131
Liberty Mutual Insurance Company
By:-
yc Herrin, Attorney -in -Fact
ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this
24th day of August 2005, by William Orazi, Vice President,
Land of KB Home Treasure Coast LLC who is personal
known to me [ X ]or- hav-pr-ed+ic-c4
(type of identification).
(NOTARY SEAL) ",,,Glu A °" 91 '
Notary Public Signatu
PATRICIA M. GORIER n
MY COMMISSION # DD 345915 C �'J� � Id 7 6
EXPIRES: August11, Uoos
zotary Public Print Name:
Bonded Thru Notary PuW4c rderwrAers
IV y Commission Expires: 2 003
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On August 23, 2005 before me, Maria Pena, Notary Public,
personally appeared Joyce Herrin personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they--T executed, -,the same 7 in;: his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on .the instrument the`I'
person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
Maria Pena
MARIA PENA�
COMM. a 1414097 y
(n •>' 1;
PUCiLIG CALIFORNIA N
NOTARY
Q �C C' . rt
LOS ANGELES COUNTY
fires Apr 27 2007
I�My
._..
r,umn, Exv
Maria Pena
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 1791894
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the..Company except in the manner and to
the extent herein stated.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON,MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance
company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint
E.S. ALBRECHT, JR., CK NAKAMURA, LISA L.THORNTON, MARIA PENA, MARINATAPIA, EDWARD C. SPECTOR,
KD CONRAD, JOYCE HERRIN, MICHAEL R. MAYBERRY, ALL OFTHE CITY -OF LOS ANGELES, STATE CALIFORNIA
.......................................... ........ .... ..... ..... .. ...............................
each individually if there be more..than one named its true and lawful attorney in: -fact to make execute seal, acknowledge and deliver, for and on its
behalf as surety and as its act and deed, ani*anId*all unFd*e*a*ings, bonds, recognizances and other suretybbliggat*o* *in the penal sum not exceeding
ONE HUNDRED MILLION AND 00/100 70LLARS j$ 10Q 000,000.00 ) each, and the
execution of such undertakings, bonds, recognizances and :other surety obligations, in pursuance ;of these presents; shall be as binding upon the
Company as if they had been duly signed by the president and attested by the secretaryof the Company in their own proper persons.
That this power is made and executed pursuant to and by authority of the following By-law and Authorization
ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the
chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make,
execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such
attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their
signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be
as binding as if signed by the president and attested by the secretary.
By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact:
Pursuant to Article XIII, Section 5 of the By -Laws, Garnet W, Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby
authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and
deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect,
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or o.-fficial."of the Company and the corporate seal of
Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 3rd day of August
2005
LIBERTY MUTUAL.INSURANCE COMPANY
is a
Garnet W. Elliott, Assistant Secretary
COMMONWEALTH OF PENNSYLVANIA ss
COUNTY OF MONTGOMERY
On this 3rd day of August 2005 , before me, a Notary Public, personally came. Garnet W. Elliott, to me known, and acknowledged
that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above
Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation.
IN TESTIMONY WH R'V�"Pi unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year
first above written. tj� pgf7NW t°
J C9 x5 COMMONWEALTH OP PENN$Y_LVAt4l
OF Terelf?6steMa NofarYPut By
P~ T4=1 Mont9on'�erY �nY .. .
, Sr,., � Mymiw
YCao 5,0re9Mar, 28:2QiJe Ter sa Pastella, Notary Public-
"SYLq �c,1 ; Membor, Piiinylvania Asseclatlan of Notarke �
CERTIFICATE nn,
I, the undersigned, Assistant Secretary of Liberty Mutual Insurance Company, dohereby certify that the original power of attorney of which the foregoing
is a full, true and correct copy, is in full force and effect on'the date of this certificate; and 1. do further certify that the:officer or official who executed the
said power of attorney is an Assistant Secretary specially authorized by the chairman or the president o appoint attorneys -in -fact as provided in Article
XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company.
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the
following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called. and held on the 12th day of March, 1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a
certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company
with the same force and effect as though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this 23rd day of
August 2005.
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Davi M _Care Ass t Secreta
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Liberty Mutual Surety Bond Number 024022762
NOTICE FROM SURETY REQUIRED BY
TERRORISM RISK INSURANCE ACT OF 2002
In accordance with the Terrorism Risk Insurance Act of 2002 (referred to
hereinafter as the "Act'), this disclosure notice is provided for surety bonds on
which one or more of the following companies is the issuing surety: Liberty
Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM
Insurance Corporation; The First Liberty Insurance Corporation; Liberty
Insurance Corporation; Employers Insurance Company of Wausau (formerly
"EMPLOYERS INSURANCE OF WAUSAU A Mutual Company"); Peerless
Insurance Company; and any other company that is a part of or added to the
Liberty Mutual Group for which surety business is underwritten by Liberty Mutual
Surety (referred to collectively hereinafter as the "Issuing Sureties").
NOTICE FORMS PART OF BOND
This notice forms part of surety bonds issued by any one or more of the Issuing
Sureties.
DISCLOSURE OF PREMIUM
The premium attributable to any bond coverage for "acts of terrorism" as defined
in Section 102(1) of the Act is Zero Dollars ($0.00).
DISCLOSURE OF FEDERAL PARTICIPATION
IN PAYMENT OF TERRORISM LOSSES
The United States will reimburse the Issuing Sureties for ninety percent (90%) of
any covered losses from terrorist acts certified under the Act exceeding the
applicable surety deductible.
LMIC-6539 11/15/04
BOND NO.: 024022763
PREMIUM: $470.00
SUBDIVISION PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That KB HOME Treasure Coast LLC., as Principal and Liberty Mutual Insurance Company, a
corporation licensed to transact surety business in the State of Florida as Surety, are held and firmly bound
unto the City of Sebastian, as obligee, in the penal sum of Ninety Three Thousand Nine Hundred and
00/100 Dollars ($93,900.00), for the payment of which sum well and truly to made, we bind ourselves, our
heirs, executors, successors and assigns, jointly and severally by these presents.
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that whereas said Principal, the owner of a
tract of land representing a subdivision entitled Sebastian River Landing Phase 2, and
WHEREAS, the map of said tract on which Principal desires to construct
Sidewalk Improvements
hereinafter referred to as improvements, and petition the obligee to accept the improvements, and
WHEREAS, said obligee requires a bond conditioned for the improvements of said tract, and
WHEREAS, the Principal proposes at its own cost and expense to improve said tract within the limits of
said subdivision.
NOW, THEREFORE, if the said Principal shall well and truly cause said improvements, as herein before
specified, within the limits of said subdivision to be improved, then this obligation shall cease and be void,
otherwise it shall remain in full force and effect, and the Surety on this bond binds itself to said Obligee, to
the amount on the herein above stated penal sum, that said improvements shall be completed in accordance
with the agreement between Principal and Obligee.
IN WITNESS WHEREOF, said Principal has hereunto set its hands and seals, and said Surety has caused
these presents to be executed by its officers thereuntgauthorized this 23rd day of August 2005.
KB HOME Treasu
0-0
Countersigna
oast LLC
C P& S// 60— (Name & Title)
/ 4/J-vd
. Pietrangelo,°FL. Resident Agent
Aon Risk Services, Inc. of FL
1001 Brickell Bay Drive, Suite 1100
Miami, FL 33131
Liberty Mutual Insurance Company
By: (IV, ;,6�
y Herren, Attorney -in -Fact
ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this
24th day of August 2005, by William Orazi, Vice President,
Land of KB Home Treasure Coast LLC who is personal
known to me [ J ave „ ,,didee
(type of identification).
(NOTARY SEAL) .,,. �.�,,,,, z , ,
Notary Public Signa
PATRICfA M. GO
MY COMMISSION DD 345915
EXPIRES; August 11 2 Pa a
e7 -9/C ---
Bonded Thru Notary Publlo Und
ry Public Print Name:
My Commission Expires: dill�us l/ 2a��'
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On August 23, 2005 before me, Maria Pena, Notary Public,
personally appeared Joyce Herrin personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in 'his/her/their authorized'
capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the persons) acted,
executed the instrument.
WITNESS my hand and official seal.
_ MARIA PENA
COMM. #1414097 =
NOTARY PUBLIC CALIFORNIA N
zf '' LOS ANGELES COUNTY
�. • My Comm. Expires Apr 27 2007
Maria Pena
1791893
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.,
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to
the extent herein stated.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON, MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the:.."Company"), a Massachusetts stock insurance
company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name constitute and appoint
E.S. ALBRECHT, JR., CX NAKAMURA, LISA L.THORNTO.N, MARIA PENA, MARiNATAPIA,:EDWARD.C. SPECTOR,
KD CONRAD, JOYCE HERRIN, MICHAEL R. MAYBERRY, ALL OF THE CITY OF LOS ANGELES, STATE CALIFORNIA
................................................................... .,........ ................ ..... ... .......... ...............................
each individually if there be more than one named its true and lawful attorney -In -fact to make execute, seal,. acknowledge and deliver, for and on its
behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety .obligations.in-Ahe penal sum not exceeding
ONE HUNDRED MILLION AND 00/100**************-****** DOLLARS ($ 100;000,000.00***** )each, and the
execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the
Company as if they had been duly signed by the president and attested by the secretary of:the Company in their own proper persons.
That this power is made and executed pursuant to and by authority of the following By-law and Authori atlon
ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the
chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make,
execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such
attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their
signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be
as binding as if signed by the president and attested by the secretary.
By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact:
Pursuant to Article XIII, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby
authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and
deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer, or official of the Company -and the corporate seal of
LibertyMutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 3rd day of August
7777-777.
2005
LIBERTY 'MUTUALINSURANCE COMPANY
By(9-�a-,�.
Y Garnet W. Elliott, Assistant Secretary
COMMONWEALTH OF PENNSYLVANIA ss
COUNTY OF MONTGOMERY
On this 3rd day of August 2005 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged
that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above
Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation.
IN TESTIMONY WH 31; Ver unto subscribed my name And affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year
first above written. 4 ONIN
;%✓ 4� 9C�SCOMMONWEALTH OF PENN$YLV NIA n
OFNotarial Seal /ff
-_ T$ropa P6L'IOda, Ngtaty PubIIC .: By
flyattu}h7r�., hAKgorreryC�urrty
My C+ rn*.elonWresTer�Pastella, Notary Public �
Member, Psnnsplva,nia Assoeiatlon or Notadse
CERTIFICATE
I, the undersigned, Assistant Se reta�ry of Liberty Mutual Insurance Company; do hereby certify that the original power of attorney of which the foregoing
is a full, true and correct copy, is in full force and effect on. the date of this certificate; and ) do further-c'ettlfy that the officer or official who executed the
said power of attorney is an Assistant Secretary specially authorized by.the chairman or the president o appolnt attorneys -in -fact as provided in Article
XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company.'
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the
following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a
certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company
with the same force and effect as though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this 23rd day of
August 2005.
,.David M. Carey pssl _ ,nt Secretary
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Liberty Mutual Surety Bond Number 024022763
NOTICE FROM SURETY REQUIRED BY
TERRORISM RISK INSURANCE ACT OF 2002
In accordance with the Terrorism Risk Insurance Act of 2002 (referred to
hereinafter as the "Act'), this disclosure notice is provided for surety bonds on
which one or more of the following companies is the issuing surety: Liberty
Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM
Insurance Corporation; The First Liberty Insurance Corporation; Liberty
Insurance Corporation; Employers Insurance Company of Wausau (formerly
"EMPLOYERS INSURANCE OF WAUSAU A Mutual Company"); Peerless
Insurance Company; and any other company that is a part of or added to the
Liberty Mutual Group for which surety business is underwritten by Liberty Mutual
Surety (referred to collectively hereinafter as the "Issuing Sureties").
NOTICE FORMS PART OF BOND
This notice forms part of surety bonds issued by any one or more of the Issuing
Sureties.
DISCLOSURE OF PREMIUM
The premium attributable to any bond coverage for "acts of terrorism" as defined
in Section 102(1) of the Act is Zero Dollars ($0.00).
DISCLOSURE OF FEDERAL PARTICIPATION
IN PAYMENT OF TERRORISM LOSSES
The United States will reimburse the Issuing Sureties for ninety percent (90%) of
any covered losses from terrorist acts certified under the Act exceeding the
applicable surety deductible.
LMIC-6539 11/15/04
'NDMENT TO DECLARATION OF COVENANTS, CONDITIONS Al
RESTRICTIONS OF SEBASTIAN RIVER LANDING, LLC 4�
THIS THIRD AMENDMENT, made as of the date hereinafter set forth by SEBASTIAN
RIVER LANDING, LLC, a Florida limited liability company, is to Amend Declaration of
Covenants, Conditions and Restrictions of Sebastian River Landing LLC, as originally recorded
in the records of Jeffrey K. Barton, Clerk of Circuit Court of Indian River County, Florida in
Official Records Book 1698, Pages 171 through 199 as follows:
Pursuant to that certain Limited Assignment of Declarant Developer's rights, COMES
NOW, the Declarant, KB Home Treasure Coast LLC and does hereby amend the Declaration of
Covenants, Conditions and Restrictions of SEBASTIAN RIVER LANDING LLC originally
recorded by Sebastian River Landing LLC on February 27, 2004 as follows:
1. The following real property, known as Sebastian River Landing Phase II
is hereby added pursuant to Article 8, Sections 4 and 5 of the
Declaration:
The South 512.13 feet of the South one-half of the Northeast one-quarter of
Northwest one-quarter, and the South 512.13 feet of the South one-half of the
Northwest one-quarter of the Northwest one-quarter, less the West 200 feet, all
in Section 26, Township 31 South, Range 38 East.
AND
That portion of the North one-half of the North one-half of the Northwest one-
quarter of Section 26, Township 31 South, Range 38 East, lying South of the
drainage canal located in, upon and under the land upon which an easement was
granted to Graves Brothers Company, a Florida corporation, by easement
recorded in Deed Book 28, page 435, Public Records of Indian River County,
Florida.
AND
That part of the South one-half of the Northeast one-quarter of the Northwest
one-quarter of Section 26, Township 31 South, Range 38 East, less the South
512.13 feet thereof.
AND
That part of the South one-half of the Northwest one-quarter of Northwest one-
quarter of Section 26, Township 31 South, Range 38 East, less the West 200 feet
and the South 512.13 feet thereof.
2. KB Home Treasure Coast LLC shall have the same rights and
obligations relating to Phase 2, Sebastian River Landing as the
Declarant/Developer pursuant to Article 5 of the Declaration of
Covenants and Restrictions, the Covenant for Assessments.
3. The following language is hereby added pursuant to Article II as an
architectural restriction of the Declarations:
Builder shall not construct a residence / home with the same color schemes or
front architectural elevations on adjoining / adjacent Lots. No two Lots, side by
side, shall have the same color schemes or front architectural elevations.
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has caused these
presents to be executed in its name by its duly authorized officer, as of the
day of August, 2005.
Printed Nam
Printed N
STATE OF FLORIDA
COUNTY OF
(end of text this page)
KB HOME TREASURE COAST LLC
By:
Its:_
Printed
I HEREBY CERTIFY that on this day, before me an officer duly authorized in the State
and in the County aforesaid to take acknowledgments, personally appeared
as a of KB HOME TREASURE COAST LLC, to me known
to be the person described in and who executed the foregoing instrument and
acknowledged before me that he executed the same. The said person was not under oath.
WITNESS my hand and official seal this day of , 2005.
Printed Name:
Commission Expires:
/ Check List For Final Plat Recording
Fully Executed and Sealed Reproducible Mylar that meets requirements of
FS 177 and LDC with all Certifications and Approvals signed and sealed (if
applicable) or notarized (if applicable) by:
City Clerk staff to meet developer at Indian River County recording office
for recording and provide copies to GMD and Engineering — developer to
pay recording fees
Property Owner
Title Company or Attorney Certifying that owner is owner of record and
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whether mortgage has been satisfied
Mortgagee (if applicable)
Professional Surveyor and Mapper (sealed)
City Engineer (to be signed after final review and certification by GMD)
City Surveyor (sealed)
City Attorney as to legal form and content for plat and all sureties
ion )
Certification from Clerk of Court provided by Developer that the final plat
mylar is sufficient to be recorded (fee for recording will be paid directly to
/
Clerk of Court by developer when City clerk staff meets them at recording office)
V
Copies of homeowner's association or condominium docs if applicable
which shall indicate maintenance responsibility for required improvements
/
V
Eight copies of the above fully executed plat for distribution in agenda
packets (except Mayor and City Clerk signatures)
Statement of Developer indicating whether constructed improvements are
to be completed prior to recording or after recording under guarantees
posted with the City
If required improvements are to be completed after recording:
/
V
Certified cost estimate by applicant's engineer of all required
improvements and contract bid to complete the improvement
City Engineer approval of cost estimates
Contract in triplicate between City and Applicant (only if cash deposit)
Guarantee of 110% of amount ' the form of cash deposit ersonal
bond w/irrevocable letter of credi or surety bond (Best's AAA rating)
Resolution w/transmittal that includes a signature block for City Engineer,
City Attorney, and guarantee documents if applicable F2oM lk�eH
Mayor and City Clerk signatures - sealed and dated after approval
City Clerk staff to meet developer at Indian River County recording office
for recording and provide copies to GMD and Engineering — developer to
pay recording fees