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2004-192B
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2004-192B
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Last modified
9/19/2016 11:36:52 AM
Creation date
9/30/2015 7:55:29 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
08/17/2004
Control Number
2004-192B
Agenda Item Number
7.Q.
Entity Name
Pointe West of Vero Beach Ltd.
Subject
Contract Construction Required Sidewalk Improvements
Archived Roll/Disk#
3223
Supplemental fields
SmeadsoftID
4235
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2 . Developer agrees to construct said improvements strictly in <br /> accordance with County policies for sidewalk construction as those policies <br /> relate to location , method and type of construction , and all County development <br /> regulations and standards , including conditions and requirements of any <br /> applicable County right-of-way permit , all of which are hereby incorporated by <br /> reference and made a part hereof. <br /> 3 . In order to guarantee performance of this contract, Developer <br /> shall simultaneously herewith furnish an irrevocable letter of credit, having an <br /> expiration date of not less than ninety ( 90 ) days beyond the date set forth in <br /> Paragraph 1 , provided by a banking institution authorized to transact such <br /> business in this state , in a form to be approved by the County , naming Developer <br /> as customer and FtZdsT t.1.oQA261L 44Q)t%tr LOAD. C'o(&4 as the <br /> underwriting bank , in the amount of $ JC'� � .% 9A . 98 , which amount is not <br /> less than one hundred fifteen percent ( 1156/6 ) of the estimated total cost of <br /> improvements remaining to be constructed , as determined in accordance with <br /> the County's Subdivision and Platting Ordinance . It is understood that the full <br /> amount of the letter of credit shall remain available to the County and shall not <br /> be reduced during the course of construction unless approved in writing by the <br /> County' s Public Works Director pursuant to Indian River County Code Section <br /> 913 . 10 . Requested reductions shall not be unreasonably withheld by the <br /> County. Developer may at any time substitute guarantees , subject to the <br /> approval as to form and amount by the County . <br /> 4 . Up to $ 1 , 000 , 000 . 00 , or the limits of any applicable underlying <br /> or excess insurance coverage carried by Developer or to be obtained during the <br /> course of the construction of the subdivision improvements , Developer agrees to <br /> indemnify, hold harmless , and defend the County against any and all claims , <br /> damages , losses , and expenses , including attorney's fees , for property damage , <br /> personal or bodily injury , or loss of life , arising from the negligent acts or <br /> omissions of the Developer, its officers , employees , agents , or contractors , <br /> subcontractors , laborers , or suppliers , relating to the construction of the required <br /> sidewalk improvements , including all those improvements to be constructed on <br /> existing publicly dedicated or County owned property. <br /> 5 . The County agrees to approve the Final Plat , upon a finding <br /> as to compliance with all applicable provisions of the County's Development <br /> Regulations and Ordinances and upon execution hereof. However, nothing <br /> herein shall be construed as creating an obligations upon the County to perform <br /> any act or construction or maintenance until such time as the required <br /> improvements are satisfactorily completed . Satisfactory completion in <br /> accordance with the land development permit , plans , specifications , and <br /> ordinance requirements of Indian River County shall be determined by the <br /> County and shall be indicated by specific written approval of the Public Works <br /> 2 <br />
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