1986-028 - Laserfiche WebLink

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WARRANTY, MAINTENANCE AGREEMENT, AND BILL OF SALE FOR REQUIRED IMPROVEMENTS WHEREAS, the undersigned Developer has obtained approval by the Board of County Commissioners for the recordation of the final subdivision plat for a project known as Stirling Lake Estates ; pursuant to the Indian River -County Subdi- vision Ordinance; and WHEREAS, Developer has constructed certain required improvements as defined by, and in accordance with the require- ments of said ordinance, all as described and evidenced in the various drawings and plans supporting the issuance of the Land Development Permit, together with the as built plans, test results, and certificate of completion of the Developer's s engineer; and WHEREAS, Developer desires to transfer all its right, title and interest to the County in and to all those improvements constructed within publicly dedicated lands of said project, free and clear of encumbrances, together with the assignment of all existing warranties and Developer's agreement to maintain the improvements, as required by the ordinance, and as stated herein below. W I T N E S S E T H: That for and in consideration of value received, the receipt of which is hereby acknowledged, Developer, on behalf of itself and all successors and assigns, does hereby: 1. Represent unto Indian River County, a political subdivision of the State of Florida, that the required improve- ments in said project have been constructed and installed as required by the ordinance, in the manner described above; and 2. Agree that, should the required improvements fail or otherwise become defective during a period of one year from the date of acceptance of said required improvements, due to defective materials or workmanship, the Developer shall upon each occassion, be responsible in all respects for such failure or defect. Devel- oper shall immediately, upon 20 days written notice by the County, correct such failure or defect at Developer's sole cost and expense and bring them into compliance with the requirements of the applicable ordinance(s); and 3. In the event Developer fails to begin repair of the defective required improvements within the 20 days as specified above, or to complete such repairs within a reasonable time thereafter, the County shall have the right to make such needed repairs and Developer shall be liable to the County for the actual cost expended by the County for such repairs and any cost incident to the collection of such sums, including but not limited to, reasonable attorney's fees and costs of litigation, including any appeals; and 4. Provides herewith, or has provided heretofore in a manner satisfactory to the County, a surety instrument to guaranty Developer's performance of this maintenance agreement, being either a Performance Bond, cash escrow deposit, or irrevocable letter of credit. In the event Developer has not undertaken the repairs contemplated by this Agreement following a request by the County, the proceeds of any such surety instrument may be drawn upon by the County to the final total cost of Developer's obligations hereunder, not to exceed however, the applicable limits of a given surety instrument. 5. Grant and convey unto Indian River County all its right, title and interest in and to all such improvements, other than land dedicated by plat or separate easement, which lies within the areas dedicated to the County, and Developer hereby warrants to the County that it has free and unencumbered title thereto, that all persons or entities which have supplied labor or -1-