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