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2005-050
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2005-050
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Last modified
7/7/2016 11:48:22 AM
Creation date
9/30/2015 7:46:25 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
02/08/2005
Control Number
2005-050
Agenda Item Number
7.G.
Entity Name
Smigiel Partners XII LTD
Subject
Certificate of Completion for Legend Lakes P.D. Phase II
Contract Required Improvements
Area
Legend Lakes P.D. Phase II
Archived Roll/Disk#
4000
Supplemental fields
SmeadsoftID
3901
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or otherwise required by the Code of Laws and Ordinances of Indian River <br /> County in connection with the approved Preliminary Plat and Land Development <br /> Permit, which are incorporated by reference into this contract. <br /> 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 executed cash deposit and escrow <br /> agreement in a form to be approved by the County, naming Developer and the <br /> Indian River County Office of Management and Budget, as the escrow agent, in <br /> the amount of $75 ,573 ,40 , which amount is not less than one hundred fifteen <br /> percent ( 115 %t, ) of the estimated total cost of improvements remaining to be <br /> constructed , as determined in accordance with the County's Subdivision and <br /> Platting Ordinance . It is understood that the full amount of the escrow deposit <br /> shall remain available to the County and shall not be reduced during the course <br /> of construction . 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 issue a Certificate of Completion , <br /> upon a finding as to compliance with all applicable provisions of the County' s <br /> Development Regulations and Ordinances and upon execution hereof. <br /> However, nothing herein shall be construed as creating an obligation upon the <br /> County to perform any act or construction or maintenance until such time as the <br /> required 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 /> Director or his designated representative , after receipt of a signed and sealed <br /> Certificate of Completion from the project engineer of record . <br /> z <br /> f:\Attomey\Nancy\DOCS\PLAN\sidc k cash cert complcl legend lakes ii.doc <br />
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