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HomeMy WebLinkAboutNCC203351_NOT Closeout Documents_20231214 DURHAM COUNTY Engineering and [IZo Environmental Services SURETY RELEASE October 12, 2023 Pulte Home Company, LLC 1225 Crescent Green DR Cary,North Carolina 27518 Re: 55 at the Park(Odyssey Townhomes) JCN No. 6664-11 (previously 6080-11) Performance Bond #: LICX1184543 RETURN RECEIPT REQUESTED CERTIFIED MAIL # 7016 3010 0001 1338 5177 To whom it may concern: An erosion control inspection performed on October 12, 2023 indicates that the subject project is complete and all areas are permanently stabilized. Therefore, the performance bond issued on February 27, 2020 in the amount of $81.720.00 is hereby released. Contact me at phone number 919-560-0735 if you have any questions. Sincerely, Tr . l--J: ,-t. t Rob Stewart Stormwater and Erosion Control Technician Enclosure: Performance Bond 201 E. Main Street I Fifth Floor,Suite 561, Durham, North Carolina 27701 (919)560-0735 I dconc.gov Equal Employment/Affirmative Action Employer DURHAM COUNTY Engineering and fi Environmental Services LETTER OF TERMINATION PROJECT NAME: 55 at the Park(Odyssey Townhomes) JOB NUMBER: 6664-11 SUBMITTED BY: Horvath Associates Permit Issuance: 01/13/23 ACRES: 6.51 October 12, 2023 Pulte Home Company, LLC 1225 Crescent Green DR Cary, North Carolina 27518 To Whom It May Concern: Durham County Sediment and Erosion Control issued a land disturbance permit to the addressee of this letter on January 13, 2023. The permit number for this activity is 6664-11. A final site inspection conducted on 10/12/2023 resulted in site compliance and closure of the land disturbance permit. If any additional information is needed, please feel free to contact me. Sincerely, . lip, Robert Stewart DCO Stormwater and Erosion Control Technician 201 E. Main Street I Fifth Floor,Suite 561,Durham, North Carolina 27701 (919)560-0735 I dconc.gov Equal Employment/Affirmative Action Employer STATE OF NORTH CAROLINA PERFORMANCE BOND COUNTY OF DURHAM BOND NO. LICX1184543 DATE OF EXECUTION: February 27, 2020 NAME OF PRINCIPAL: Pulte Home Company, LLC (FINANCIALLY RESPONSIBLE PARTY) NAME OF SURETY: Lexon Insurnace Company NAME AND ADDRESS OF OBLIGEE: COUNTY OF DURHAM Durham County Engineering Department c/o Sedimentation and Erosion Control Officer 120 East Parrish St., 1 S`floor Durham,NC 27701 AMOUNT OF BOND: $81,720.00 PROJECT NAME: 55 At the Park DURHAM COUNTY JOB CONTROL NUMBER: 6080-11 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 land-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. PRINCIPAL: Pulte Home Company, LLC NAME: (SEAL) ADDRESS: 1225 Crescent Green Drive Suite 250 Cary NC 27518 TELEPHp 19-816-1100 BY: Authorized Signature of Individual or Officer D. Bryce Langen, VP & Treasurer ATTEST: _ _ • J. Nichola Sarris, Sr. Treasury Analyst Name and Title SURETY: LexNAME: Companyp Insurance (SEAL) ADDRESS: 12890 Lebanon Road Mt Juliet TN 27122 TELEPHO = 615-553-9500 BY: _ Auth( i Sig ur of Individual or Officer Gregory S Rives, Attorney-in-Fact • ATTEST: Ross Ripple, Sr. Treasury Analyst Name and Title Page 2 of 2 POWER OF ATTORNEY 11776 Lexon Insurance Company KNOW ALL MEN BY THESE PRESENTS,that LEXON INSURANCE COMPANY,a Texas Corporation,with its statutory home office in Austin, Texas, does hereby constitute and appoint: Brien O'Meara, D. Bryce Langen, Ellen Padesky Maturen, James Ossowski, James Zeumer, Jean Marusak, Kelly Yoakam, Kim Hill, Ross Irwin, Gregory S. Rives its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety,any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON INSURANCE COMPANY on the 1st day of July,2003 as follows: Resolved,that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $8,000,000.00, Eight Million Dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney-In- Fact, so appointed,may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Assistant Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 22nd day of June,2018. LEXON INSURANCE COMPANY Ana ocr`•Oi4¢ ��SEAL i BY u, ,t,,,,, r Brian Beggs •c oR`- President ACKNOWLEDGEMENT On this 22nd day of June,2018, before me, personally came Brian Beggs to me known,who be duly sworn, did depose and say that he is the President of LEXON INSURANCE COMPANY,the corporation described in and which executed the above instrument;that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. ,,,,, Latilitifayr( �► AMY TAYLOR Notary Public-State of Tennessee BY Davidson County ylor My Commission Expires 5-9-2023 Amy Public ,';. Notarublic CERTIFICATE I, the undersigned, Assistant Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the forgoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Seal at Mount Juliet,Tennessee this 27th Day ofFebruary, 20 20 . fa r E J 6 pR, �. /� /f 1 }� SEAL { BY /// `//�� ✓-' u s 1 Andrew Smith �tia `t i.. r; Assistant Secretary "WARNING: Any person who knowingly and with intent to defraud any insurance company or other person,files and application for insurance of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act,which is a crime and subjects such person to criminal and civil penalties." ACKNOWLEDGEMENT BY SURETY STATE OF GEORGIA) ) ss. COUNTY OF FULTON) This record was acknowledged before me on February 27, 2020, Gregory S. Rives, as Attorney-in-Fact of Lexon 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. SHIRLEY E HUTCHINS Notary Public Stale of Gcu'y+a Fulton County My Commission Expires Mar 18.202 Signature of Notary Public Shirley E. Hutchins Notary Public State of Georgia My Commission Expires: March 18, 2022 ACKNOWLEDGEMENT BY PRINCIPAL STATE OF GEORGIA) ) ss. COUNTY OF FULTON) This record was acknowledged before me on February 27, 2020, appeared D. Bryce Langen, VP & Treasurer of Pulte Home Company, LLC, 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 of Notary Public Shirley E. Hutchins Notary Public State of Georgia SHIRLEY E HUTCHINS My Commission Expires: March 18, 2022 , Notary Public-State of Georgia i Fulton County My Commission Expires Mar 18,2022 • APPLICATION REVIEW COMMENTS Project Name: 55 At the Park Job Number: 6080-11 Reviewed By:McKenzie Myers Approved(X) Complete the following items to obtain a land disturbing permit: 1. Provide written approval for land disturbance from the Durham City-County Planning Department in the form of an approved site plan,Zoning Compliance Checkoff,or other written approval. 2. Upon installation of the tree protection fencing,if required,submit a Tree Protection Fence Certification Form and call this office for an inspection. 3. Submit a permit fee made payable to Durham County in the amount of $16,344.00. 4. Submit a surety in the amount of$81,720.00. 5. A signed, approved,NPAA application. 6. All approved 401/404,buffer, floodplain encroachment documentation. 7. A signed FRO for all affected properties. Forms may be obtained from this office or from the Durham County Engineering website at: https://www.dconc.gov/government/departments-a-e/engineering-and-environmental- services/stormwater-and-erosion-control-division