HomeMy WebLinkAboutWPO200400087 Bond 2005-11-05WATER PROTECTION PERFORMANCE BOND
WITH SURETY
Bond #585250S
The undersigned, Bend Properties, LLC Principal(s),
and Developers Surety and Indemnity Company , Surety, are held and firmly bound
to the County of Albemarle, Virginia (hereinafter, the "County"), in the penal sum of
40,000.00 , for which payment we jointly and severally bind
ourselves and our heirs, executors, administrators, successors and assigns. Of this total penal
sum, 15, 000.00 is the sum required pursuant to Albemarle County Code § 17-
207 (erosion and sediment control); 25 , 000.00 is the sum required pursuant
to Albemarle County Code § 17-306 (stormwater management and water quality).
The condition of this obligation is such that the Principal(s) is obligated to satisfy the
terms and conditions of Water Protection Ordinance Application No(s). WPO-2004-00084, WPO-2004-00087
WPO-2004-00100 (hereinafter, the "Plan"), which Plan and all specifications which are
part thereof are incorporated herein by reference, and all applicable requirements of Article II
(Erosion and Sediment Control) and/or Article III (Stormwater Management and Water Quality)
of Chapter 17 (Water Protection) of the Albemarle County Code (hereinafter, "Chapter 17"),
including any handbook and state law identified and referenced therein, related to the
development of the project described as LongAcre Farm Subdivision
all of which is collectively referred to herein as the "work."
If the Principal(s), his/her/their heirs, executors, administrators, successors, or assigns,
well and truly perform the work on or before the 5th day of November , 2005
without variance, required thereby, then this obligation shall be void, otherwise it shall remain in
full force and effect; provided that if, at any time during the term hereof, the Principal(s) shall
commit and/or suffer or permit the commission or existence of any act, omission, or condition
which shall constitute a violation of the Plan and/or Chapter 17, and fails, after proper notice of
such violation is given by the Program Authority pursuant to Chapter 17, to take timely
corrective action as specified in the notice, then the Principal(s) shall be in default of the terms of
this Bond.
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In the event of a default by the Principal(s) as described herein, the County of Albemarle,
through its County Engineer, shall provide written notice of such default to the Principal(s) and
the Surety. If the County Engineer determines, in his sole discretion, that the default does not
create an imminent or potentially imminent threat to the public health or safety, then, in the event
of such default and written notice, the Surety shall have either of the following options:
1. Within twenty-one (21) days after receipt of the default notice, the Surety shall pay
over to the County the entire sum of the bond or such lesser amount as the County
Engineer may determine in his sole discretion, and thereafter be relieved of further
liability under this Bond. If this option is selected by the Surety, then the County shall
take over and relet all or any part of the required work, and will complete the same to
the extent of available funds. The cost and expenses of completing the work shall
include all of the County's actual costs for the work and its administrative costs. If
these funds are insufficient to complete the work, then the County may proceed against
the Principal(s) for the difference. If there are any funds remaining that are not
necessary for completion of the work, the County will remit this excess to the Surety
after work is completed; or
2. Within twenty-one (21) days after receipt of the default notice, the Surety shall provide
written notice to the County that it will assume the obligations of the Principal(s) and
complete the work required to satisfy the terms and conditions of this Bond within one
hundred eighty (180) days of the County Engineer's notice or such other term approved
by the County Engineer, and thereafter be relieved of further liability under the terms
of this Bond. If this option is selected by the Surety, but it then fails to faithfully
perform all or any part of the required work, or if it unnecessarily delays completing all
or any part of the required work, then: (a) upon written demand by the County
Engineer, the Surety shall pay over to the County by the date specified in the written
demand the entire sum of the bond or such lesser amount as the County Engineer may
determine in his sole discretion; and (b) the County shall take over and relet all or any
part of the required work, and complete the same at the expense of the Principal(s) and
the Surety, who shall be jointly and severally liable to the County for the costs and
expenses of completing the work, which shall include all of the County's actual costs
for the work and its administrative costs; or bring suit, action or proceeding to enforce
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the provisions of this bond. If the bond funds are insufficient to complete the work,
then the County may proceed against the Principal(s) and the Surety for the difference.
If the County Engineer determines, in his sole discretion, that the default creates an
imminent or potentially imminent threat to the public health or safety, then options (1) and (2)
described above shall not be available to the Surety. The County Engineer shall provide written
notice of such default and the imminent or potentially imminent threat to the public health or
safety. The Surety shall, immediately upon receipt of such written notice from the County
Engineer, pay to the County the entire sum secured under this Bond, or such lesser sum specified
in the written notice. The County shall apply the proceeds to complete the required work and
cover its associated administrative costs. If these funds are insufficient, the County may proceed
against the Principal(s) for the difference. If there are any funds remaining that are not necessary
for completion of the work, the County will remit this excess to the Surety after work is
completed.
Nothing in this Bond shall be construed as affecting, impairing, or diminishing the
obligation of the Principal(s) to complete and perform the work guaranteed under this Bond.
Nothing in this Bond shall be construed as creating an obligation upon the County to pay for the
completion and/or correction of the work guaranteed under this Bond. Nothing in this Bond
shall be construed as creating liability upon the Surety that exceeds the total penal sum of this
Bond.
The Surety, for value received, stipulates and agrees that no change, extension of time,
alteration, or addition to the Plan or Chapter 17 shall in any way affect its obligation on this
Bond, and it hereby waives notice of any change, extension of time, alteration, or addition.
In witness whereof, the parties have caused this instrument to be executed this 5th day
of November 2004
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PRINCIPAL Bend Properties, LLC
BY: i NN*,j rA �2 �`^
(Please sign above and print name below)
W. Nathaniel Perkins
TITLE: President ,l kx��L�
ADDRESS: 1850 Browns Gap Turnpike
Charlottesville VA 22901
PHONE: 434-823-1228
SURETY (Mus)(ba 'fined by a Virginia Resident Agent of Surety - attach Power of Attorney)
De/jeAmers lure nd In emnity Company
BY:
(Please sign ab ve and print name below)
Patrick C. Sweet
ADDRESS: 328 South Main Street
Harrisonburg VA 22801
PHONE: 540-437-1300
BOND NO:
ADDRESS OF SURETY'S HOME OFFICE:
Developers Surety and Indemnity Company
Executive Plaza III
11350 McCormick Road Suite 302 Hunt Valley Marvland 21031
Approved as to Form:
'Oz/ zz�'
O i-Oy At,d ey
Eng(neer / AlRitntlVe Agent
Date
I/-9�;)-34
Date
Pa�,e 4 ol'4
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
PO BOX 19725. IRVINE. CA 92623 • (949) 2633300
www.hts- Dico.com
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby make,
constitute a n"VWO'Patriek C. Sweet, Regina J. McLaughlin, jointly or severally ***
as its true and lawful Atlomey(s)-in-Fan, to make, execute, deliver and acknowledge, for and on behalf of said corporation as surety, bonds, undenakings and
contracts of suretyship giving and granting unto said Artomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper
to be done in connection therewith as the corporation could do, but reserving to the corporation full power of substitution and revocation, and all of the acts of
said Aitorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following reswlution adopted by the Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY effective as of November 1. 2000:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be. and that each of them hereby is.
authorized to execute Powers of Attorney, qualifying the Attorney(s)-in-Fan named in the Powers of Attorney to execute. on behalf of the corporation, bonds,
undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is, authorized to
attest the execution of any such Power of Attorney;
RESOLVED. FURTHER, that the signatures of such officers may be affixed 10 any such Power of Attorney or to any certificate relating thereto by
facsimile, and any such Power of Attorney or cenificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and
in the future with respect to any bond, undertaking or comract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its respective Executive
Vice President and attested by its Secretary this 71h day of November, 2(101.
....
e,..•+...AND
By:
.
e'Jp `pPOR,
David H, Rhodes, Executive Vice President
OCT.
erui 10
'o`.
s 1 :. 1936
Bv:
"9�0...lowA
Waller A. Crowell, Secretary
;
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
On November 7, 2001, before me, Antonio Alvarado, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they
executed the same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted, executed the
instrument.
WITNESS my hand and official seal
_ ANTONIO ALVARAO0
O COMM 0 1300303 f
_ g . i Nervy Public Caldotn i 0
3 e ORANGE COUNTY
Signature Mr Coxrn F.par APRk 10, 2W5
CERTIFICATE
The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the foregoing
Power of Attorney remains in full force and has not been revoked, and furthermore, [hat he provisions of The resolution of the respective Boards of Directors
of said corporation set forth in the Power of Attomey, is in form as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, the 5th day of November 2004
By (a 4
David G. Lane, Chief Operating Officer
ID-1438 (DSI) (11/01)
Liberty Mutual.
SURETY
Attn: County Of Albemarle Va Dept Of Community Developement
RE: Change Surety Company
Principal: Bend Properties LLC
Surety Bond Number: 5852505
Bond Amount: $7,400-00
Original Surety: Developers Surety & Indemnity Company
New Surety: The Ohio Casualty Insurance Company
Change Surety Company
Assumption of Liability Rider
• Effective, ll/l/2019 the original surety on the above referenced surety bond, Developers Surety &
Indemnity Company is replaced with The Ohio Casualty Insurance Company.
• On the effective date. The Ohio Casualty Insurance Company assumes all obligations of the original surety
from the date of issuance of the Surety Bond and all obligations of Developers Surety & Indemnity Company
under the Bond are extinguished.
Obligee's signature on this Rider confirms its consent to this substitution and release of the original surety
on the effective date.
• All notices, including claims, should be sent to:
Liberty Mutual Surety
P.O. Box 34526
Seattle, WA 98154
Attention: LMS Claims
With the exception of the substitution of Surety Company pursuant to this Rider, all terms and conditions of
the Surety Bond remain in full force and effect. This Assumption of Liability Rider shall not, in any respect,
vary, waive, alter or extend the terms, conditions and obligations of the Bond.
Signed and dated this 11 day of November, 2019.
NEW SURETY: The Ohio Casualty Insurance Company
By
Renee Llewellyn. Assistant Secretary
OBLIGEE:
f B." to • r1: I . uu. I O� 1
H 2019 Ld" Wt.1lnwrance
9L 7WI B10119 102-010 J000000-2400 4B00
Liberty Mutual.
SURETY
November 1, 2019
lox 010 J000000 - 2400 - 4799
COUNTY OF ALBEMARLE VA DEPT OF COMMUNITY
DEVELOPEMENT
401 MCINTIRE RD RM 211
CHARLOTTESVILLE VA 22902-4579
dd11111111d1h1r14hI1P1uhPllllu111d1h1111y111111pp
Dear Obligee:
Liberty Mutual surety
2200 Renaissance Boulevard. Suite 400
King of Prussia, PA 19406
On May 31, 2019 Liberty Mutual Insurance Company ('Liberty") acquired the U.S. surety operations of AmTrust
Financial Services which includes Developers Surety & Indemnity Company, CorePointe Insurance Company,
Indemnity Company of California and Wesco Insurance Company. Liberty is now liable for the above referenced
surety obligation.
To memorialize and clarify the liability of Liberty for the referenced obligation, we have enclosed an Assumption
of Liability Rider ("Rider'). Depending on the obligation. the surety on the Rider is Liberty or Ohio Casualty
Insurance Company ("OCIC"). Liberty is an admitted surety in good standing with a U.S. Treasury Listing of
$1,289,139,000. OCIC is an admitted surety in good standing with a U.S. Treasury Listing of $175.415.000.
As noted on the Rider, upon the effective date the assuming surety will be the surety as if the new surety
originally issued the bond. In recognition of this assumption, we ask that you sign the enclosed Rider and
electronically return a copy to: Amtr mtRid rna ihertvlYltrtual.corn.
If you have any questions or concerns regarding this process, please contact:
Lucille Raymond (I 1 it r llp Raymond Iihertymutual com / (949) 263-3371) or
Christina Thorpe (Christina Thornanlihrrtym It lal crim / (610) 832-8431).
Thank you for your cooperation.
Sincerely,
Liberty Mutual Surety
Enclosure - Rider
010191,bny MuRul lnwnrc
$1,-7601A 10119 lox 010-J000000 24W 4799