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2000-137
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2000-137
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Last modified
3/22/2024 2:27:53 PM
Creation date
3/22/2024 2:27:43 PM
Metadata
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Template:
Official Documents
Official Document Type
Contract
Approved Date
05/02/2000
Control Number
2000-137
Agenda Item Number
11.A.
Entity Name
Beazer Homes Corporation
Subject
Contract for Installation & Warranty of Live Oaks for
Island Club Riverside Phase IV
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• <br />411111110 <br />i <br />direct or consequential, which the County may sustain as a result of the failure of <br />Developer to carry out and execute all provisions of this contract and applicable <br />ordinances of the County. In no event, however, shall the liability of the guarantor or <br />surety under this paragraph exceed the total amount of the original obligation stated in <br />the guaranty or surety instrument, less any approved reductions thereto, <br />7. The parties agree that the County at its option shall have the right, but not the <br />obligation, to construct and install or, pursuant to receipt of competitive bids, cause to be <br />constructed and installed the required improvements in the event Developer shall fail or <br />refuse to do so in accordance with the terms of this contract. Developer expressly agrees <br />that the County may demand and draw upon the existing guaranty or surety for the final <br />total cost of the improvements. Developer shall remain wholly Viable for any resulting <br />deficiency, should the guaranty or surety be exhausted prior to completion of the required <br />improvements. In no event shall the County be obligated to expend public funds, or any <br />funds other than those provided by the Developer, the guarantor, or surety, to construct <br />the required improvements. <br />8. Any guaranty or surety provided to the County by Developer with respect to this <br />contract shall exist solely for the use and benefit of the County and shall not be construed <br />or intended in any way, expressly or impliedly, to benefit or secure payment to any <br />subcontractor, taborer, materialman or other party providing labor, material, supplies, or <br />services for construction of the required improvements, or to benefit any lot <br />purchaser(s), unless the County shall agree otherwise in writing. <br />S. This agreement is the full and complete understanding of the pz,iies and <br />shall not be construed or amplified by reference to any other agreement, discussion, or <br />understanding, whether written or oral, except as specifically mentioned herein. This <br />agreement shall not be assigned without the express written approval of the County. <br />Any amendment, deletion, modification, extension, or revision hereof or hereto shall be <br />in writing, executed by authorized representatives of both parties. <br />IN WITNESS WHEREOF, the parties hereto have set their hands and <br />seals on the day and year first above written. <br />BEAR HOMES CORP. <br />a cbr rat o[Lof the State of Tennessee <br />Witnesses: <br />sign:: <br />printed name: /WA]Mt!Lj <br />sign;, 6, <br />phi eO name• <br />BY: <br />-v <br />y� <br />printed name.kC v nc <br />title: <br />(President, ice Preside t or CEO) <br />(seal) <br />
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