COUNTRYSIDE SEWAGE TREATMENT HAULING AGREEMENT
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July 24, liHH)
;-/1'. Paul H. Corace
Project Development ~anager
One Countryside Office Park - Suite 400
'P.O. Box 5088
Clearwater, FL 33518
Dear I\;r. Corace:
We are returning Bond No. U. S. 00179 covering sewage
haulin~ from Countryside to the Marshall Street Plant.
~,1ax Battle, PUblic Works Director, has advised this
work has been completed.
This letter will serle as official notice of release.
Yours truly,
Lucille Williams
City Clerk
LWlsl1cb
cc: Public Works Director
MG~C
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MGIC Indemnity q .rporation
a subsidiary of MGIC Investment CorporatlO1'1
MGIC Plaza, P,O. Box 4BB
Mih raukee, Wisconsin 53201
SURETY BOND
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Bond No. US 00179
KNOW ALL MEN BY THESE PRESENTS that we, the FLORIDA LAND
DEVELOPf~Ern /CEIHRAL DIVI SION, U. S. HOME CORPORATION wi th an offi ce
at One Countryside Office Park, Clearwater, Florida, as principal,
hereinafter called Principal, and U. S. HOME CORPORATION, a Delaware
Corporation, duly authorized to transact business inthe State of Florida,
and having its general office at 1177 West Loop South, Houston, Texas
as surety, hereinafter called Surety, are held and firmly bound unto the
CITY OF CLEARWATER, hereinafter called Obligee, in an aggregate sum,
lawful money of the United States of America sufficient to save harmless
the Obligee under the conditions of this Bond as hereinafter set forth
but not exceeding the sum of---THREE HUNDRED SIXTY-THREE THOUSAND SIX
HUNDRED AND OO/lOO----------($363,600.00)----DOLLARS, for which payment,
well and truly made, Principal and Surety bind themselves, their respective
legal representatives, successors and assigns jointly and severally by
these presents.
NOW, THEREFORE, the conditions of this obligation are such that
if Principal, its successors and assigns shall, within a period of
eighteen (18) months of the date hereof, perform the Subdivision Services,
as shown on the attached Agreement marked Exhibit 'A' as filed with the
Obligee which is attached hereto and incorporated herein, then this
obligation shall be void; otherwise it shall remain in full force and
)JI effect.
Surety, furthermore, in consideration of its acceptance by
the Obligee as a satisfactory surety hereof, hereby renounces all rights
which it may have under the law of any jurisdiction governing the validity
or performance of this bond to compel the Obligee upon any breach of this
Bond to make any demand upon, or take any action, against, the Principal
before taking any action against Surety and hereby consents to become,
"
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G4~616 (1/79)
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Bond No. US 00179
MGIC Indemnity Corporation
Page 2
forthwith upon any such breach, individually liable to the Obligee, as
its interest appears, to reimburse the Obligee for actual costs incurred
by the Obligee in providing the Subdivision Services should the Principal
fail to perform in accordance with the provision of Exhibit lA', after
3 days notice of such breach, to the Principal. This Bond shall be deemed
a continuing obligation and successive recoveries may be had hereunder
from time to time as the Obligee becomes entitled thereto in accordance
with the terms thereof.
This Bond shall be governed by the laws of the State of Florida.
IN WITNESS WHEREOF, the Principal and the Surety have executed
this Surety Bond on the 29th day of
October
, 1979.
FLORIDA LAND DEVELOPMENT/CENTRAL DIVISION
U. S. HOME CORPORATION 4,i/
By: /~~ ·
I.A. Beauchamp, Jr.
Division Vice President
By:
INDEMNITY CORPORATION
@~~
Claire S. Horvath
Attorney-In-Fact
MGIC
Countersigned Florida Resident Agent:
~?/. effk~~
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MGIC Indemnity Corporation
ANEW YORK CORPORATION
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
N~OW ALL MEN BY THESE PRESENTS, That MGIC Indemnity Corporation, a corporation
duly organized and existing under th~ law~ of the State of New York, and having
its principal office in the City of Milwaukee, and State of Wisconsin, does
hereby make, constitute and appoint anyone of the following persons:
Leonard N. Altamura, Claire S. Horvath, Thomas P. Myers. Hilton Hilliard
its true and lawful Attorney-in-Fact with full power and authority hereby
conferred to sign, seal and execute in its behalf bonds, undertakings and other
obligatory instruments of similar nature in favor of U.S. Home Corporation or
any of its wholly-owned subsidiaries, subject to a limit of one million five hundred
thousand dollars ($1,500,000.00) principal balance per bond or undertaking, and
to bind MGIC Indemnity Corporation thereby as fully and to the same extent as if
such instruments were signed by the duly authorized officers of MGIC Indemnity
Corporation and all acts of said Attorney, pursuant to the authority hereby given,
are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of Article
V, Section 3(f)(b) of the Bylaws duly adopted by the Board of Directors of the
Company which reads as follows:
"(f) Policies, Bonds, Recognizances, Stipulations, Consents of Surety,
Underwriting Undertakings and Instruments Relating thereto.
Insurance Policies, bonds, recognizances, stipulations, consents of
surety and underwriting undertakings of the Company, and releases,
agreements and other writings relating in any way thereto or to any
claim or loss thereunder, shall be signed in the name and on behalf
of the company:
(b) by an Attorney-in-Fact for the company appointed and authorized by
the President or a Vice President to make such signature; ..."
IN WITNESS WHEREOF, MGIC Indemnity Corporation has caused these presents to be
signed by its President and its corporate seal to be hereto affixed this
13th day of September , 1979
MGIC INDEMNITY CORPORATION
State of Wisconsin )
County of Milwaukee )
ss
~~~~~C~~
Gerald L. Friedman
President
On this 13th day of September , 19~, before me personally came
GERALD L. FRIED~~ to me known, who, being first duly sworn. did depose and say:
that he resides in the State of Wisconsin; that he is President of MGIC Indemnity
Corporation, the corporation described in and which executed the above instrument;
that he knows the seal of said Corporation; that the seal affixed to the said
instrument is such corporate seal; that it was so affixed pursuant to the said
instrument as such corporate seal; that it was so affixed pursuant to authority
given by the Board of Directors of said corporation and that he signed his name
thereto pursuant to like authority, and acknowledges same to be the act and deed
of said corporation.
, /J
:1,. 6fk71~J
No~ry Public
My Commission Expires: 9-12-82
CERTIFICATE
I, John Galanis, Secretary of MGIC Indemnity Corporation, do hereby certify that
the Power of Attorney herein above set forth is still in force, and further
certify that Section 3(f)(b) of Article V of the Bylaws of the Company is still
in force. In testimony whereof I have hereunto subscribed my name and affixed
the seal of the said Company this 29th of October , 19 79
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EXHIBHT "P."
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mUNTRYSIDE SEWAGE HAULING AGREEMENT
FIDRIDA LAND DEVEWPMENT/CENTRAL DIVISI~, U. S. HCME CORPORATlOO agrees to provide
Subdivision Services for the transp:>rting of sewage frcrn the sewage collection sys-
tem located in the U.S. Hone project knarm as Countryside (including Tract 90) to
the Marshall Street Sewage Treabnent Plant in the City of Clearwater or any other
location specified by the City of Clearvv"ater that is within the city limits un-
til adequate sewage collection, purrping and treatIrent facilities are CClTlplete
and approved by the City of Clearwater for use. The location of manholes to be
used for plIDlping will be determined by U. S. Harre and identified on a map pro-
vided to the City of Clearwater. The sewage will l::e pllITpErl fran designated mm-
holes in accordance with a schedule that will insure that any occupied building
sewer service line outside the road R/W will not contain standing sewage and that
manholes and sewer lines containing sewage will not becc:me septic as evidenced by
the presence of obnoxious mars at the top of the manhole.
The City of Clearwater agrees to issue Building Permits and Certificate of Occupancy
for all housing units constructed in the C01IDtryside project provided such housing
uni ts :rreet all other requirements and would otherwise be entitled to be penni tted
and certified without consideration of the sewage collection rrethcx:1s authorized by
this agreemeI1t. To insure the health, safety and welfare of the residents of Country-
side, the City of Clearwater will undertake the sewage hauling fran Countryside if
for any reason U.S. Harre, Central Land Division fails to :rreet their obligations rmder
this agreerrent and may invoke the reimbursement provisions of the Surety Bond given
.to the City by U.S. Hone.
U. S. H<::m= Corporation and the City of Clearwater agree that the expeditious c0m-
pletion of the permanent sewage collection system for' the northen1 part of Country-
side is essential and each will complete construction of their respective compon-
ents of the system in the shortest time possible in order to minimize hauling of
sewage from Countryside. The City of Clearwater agrees that at such tine as the
pennanent sewage collection system is operational, they will release U. S. Hare and
the lxmd guarantor of any and all obligations contained herein.
'j-et.
F..greed "co this
day of November, 1979
U. S. ROME O)RPORATION
IN l'il'INESS WHERIDF, the parties have set their hands and seals the day
and year first
Cormtersigned :
[L
Attest:
Approved as to form and
correcb1ess; ---~,
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/ City Attomey
~t..t~... L.J~, .~.J
City Clerk
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