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Home My WebLink AboutNCC190716_NOT Closeout Documents_20220816• Engineering and I+ • Environmental Services SURETY RELEASE May 18, 2022 Pulte Home Company, LLC CIO Chris Roughley 1225 Crescent Green Drive Ste 250 Cary, NC 27518 Re: Lakeshore Townhomes JCN No5202-09 Performance Bond # 30079427 RETURN RECEIPT REQUESTED CERTIFIED MAIL # 7014 3490 0000 8069 9509 Dear Mr. Roughley, An erosion control inspection performed on May 18, 2022 indicates that the subject project is complete and all areas are pennanently stabilized. Therefore, the performance bond issued on August 5, 2019 in the amount of $27.200.00 is hereby released. Contact me at phone number 919-560-0735 if you have any questions. Sincerely, (w) 4' � Lauren Neaves Erosion Control Technician Enclosure: Performance Bond 201 E. Main Street I Fifth Floor, Suite 561, Durham, North Carolina 27701 (919) 560-0735 1 Fax (919) 560-0740 1 dconc.gov Equal EmpEoyment/Affirmative Action Employer STATE OF NORTH CAROLINA [sill I I \ 0 bwal 1110RIEy011l BOND NO. 30079427 DATE OF EXECUTION: August 5, 2019 NAME OF PRINCIPAL: Pulte Home Company, LLC (FINANCIALLY RESPONSIBLE PARTY) NAME OF SURETY: e Continental InsuranceCompany, NAME AND ADDRESS OF OBLIGEE: COUNTY OF DURHAM Durham County Engineering Department c/o Sedimentation and Erosion Control Officer 120 East Parrish St., 1st floor Durham, NC 27701 AMOUNT OF BOND: Twenty-seven Thousand Two Hundred and 0Q/100 ($27,200.00) PROJECT NAME: Lakeshore Towns DURHAM COUNTY JOB CONTROL NUMBER: 5202-09 KNOW ALL MEN BY THESE PRESENTS, THAT WE, the PRINCIPAL and SURETY above - named, are held and firmly bound unto the above -named OBLIGEE, in the penal sum of the amount stated above for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, if the PRINCIPAL shall well and truly perform and do all of the things agreed by him/it to be done and perform according to the terms and conditions and requirements of the Durham City/County Sedimentation and Erosion Ordinance, and any Permit issued thereunder; and shall also as well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said permit or Ordinance that may hereafter be made, notice of which modifications to the Surety being hereby waived, then this obligation shall be null and void; otherwise to remain in full force and virtue. Whenever the Principal shall be, and declared by County to be, in default under the Permit or Ordinance, the Surety shall promptly remedy the default or shall promptly: 1. Comply with the Permit and Ordinance in accordance with its terms and conditions; or 2. Obtain a bid or bids for complying with the Permit and Ordinance in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, arrange for a contract between such bidder and Surety, and make available as work progresses sufficient funds to pay the cost of completion; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth above. PRINCIPAL and SURETY hereby agree that the termination or modification of any contract to perform Iand-disturbing services on this site between the PRINCIPAL or SURETY and a third party shall not relieve said PRINCIPAL and SURETY of its obligations under this Performance Bond. SE-21 Page 1 of 2 Rev 03/03 IN WITNESS WHEREOF, the above -bound parties have executed this instrument under their several seals on the date indicated above, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. ATTEST: J. Wch arris, Sr. Treasury Analyst ATTEST: z��C_ Ross Ripple, Treasury Analyst PRINCIPAL: NAME: Pulte Home Company. LLC (SEAL) ADDRESS: 1225 Crescent Green Dr., Ste 250 Cary NC 27518 TELEPHONE: 919-601-7410 BY: ftt j- D. Bryce La gen, VP & Treasurer SURETY: NAME: The Continental Insurance Company (SEAL) ADDRESS: 801 Warrenville Rd., Suite 700 Lisle IL 60532 TELEPHONE: 630-719-6342 BY: Jean Marusak, Attorney -in -Fact Page 2 of 2 rVWEA V1{ AI IUkLLNEY ArrvtniiiNu i1vll1vimuPiL H.l llJltl�it�]i-ilv-�Lll l Know All Men By These Presents, That The Continental Insurance Company, a Pennsylvania insurance company, is a duly organized and existing insurance company having its principal office in the City of Chicago, and State of Illinois, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint D.Bryce Langen, James Zeumer, James Ossowski, Brien O'Meara, Kelly Yoakam, Kim Hill, Ross Irwin, Jean Marusak, Ellen Padesky Maturen,Gregory S. Rives, KellyMarie Conlon, Individually of Bloomfield Hills, MI„ its true and lawful Attorneys) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In an amount not to exceed Two Million and no/100 Dollars ( $2,000,000.00) and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed, This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Board of Directors of the insurance company. In Witness Whereof, The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 28th day of December, 2016. The Continental Insurance Company Paul . Bru at Vice President State of South Dakota, County of Minnehaba, ss: On this 28th day of December, 2016, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of The Continental Insurance Company, a Pennsylvania insurance company, described in and which executed the above instrument; that he knows the seal of said insurance company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance company. J. reot♦R NOTMYP reuc S0UM64XOTAS My Commission Expires June 23, 2021 J. Mohr Notary Public CERTIFICATE 1, D. Bult, Assistant Secretary of The Continental Insurance Company, a Pennsylvania insurance company, do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance company printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance company this 511, day of �^'�✓s ►` �. The Continental Insurance Company r D. Bult Assistant Secretary Form F6850-4/2012 ACKNOWLEDGEMENT BY SURETY STATE OF GEORGIA) ) ss. COUNTY OF FULTON) This record was acknowledged before me on August 5, 2019, Jean Marusak, as Attorney -in -Fact of The Continental Insurance Company, who provided to me on the basis of satisfactory evidence to be the person who appeared before me and is personally known to me. WITNESS my hand and official seal. Signature of Notary Public Shirley E. Hutchins Notary Public State of Georgia My Commission Expires: March 18, 2022 SHIRLEY E HUTCHINS Notary Public — State of Georgia Fulton County Pdty commission Expires Mar 18, 2022 ACKNOWLEDGEMENT BY PRINCIPAL STATE OF GEORGIA) ) ss. COUNTY OF FULTON) This record was acknowledged before me on August 5, 2019, by D. Bryce Langen, VP & Treasurer of Pulte Home Company, LLC, who provided to me on the basis of satisfactory evidence to be the person who appeared before me and is personally known to me. WITNESS my hand official seal. Signature 6f Notary Public Shirley E. Hutchins Notary Public State of Georgia My Commission Expires: March 18, 2022 SHIRLEY E HUTCHINS Notary Pc�t}Iic State of Georgia Fulton County try CnrnlnisSlUrt Fxpires Mar 18. 2022