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2003-139
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2003-139
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Last modified
10/17/2016 5:01:29 PM
Creation date
9/30/2015 6:36:17 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
06/24/2003
Control Number
2003-139
Agenda Item Number
7.V.
Entity Name
Habitat for Humanity, Inc.
Area
Grace Oaks, II
Archived Roll/Disk#
3161
Supplemental fields
SmeadsoftID
3273
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i ' <br /> v <br /> 3 . In order to guarantee performance of this contract , Developer shall <br /> simultaneously herewith furnish a performance bond underwritten by a surety insurer <br /> authorized to transact such business in this state , which shall remain in full force and <br /> effect until at least ninety (90 ) days beyond the date set forth in paragraph 1 , or until the <br /> covenants of this contract have been fully complied with and satisfactorily completed as <br /> determined by the County pursuant to paragra h 5 below , in a form to be approved by the <br /> County , with Develo er as principal and �c c �4 7f <br /> as the surety , in the amoun of $ 79716 .421 <br /> which amount is not les6 than one hundred fifteen percent ( 115 % ) of the estimated total <br /> cost of improvements remaining to be constructed , as determined in accordance with the <br /> County' s Subdivision and Platting Ordinance . It is understood that the full amount of the <br /> guaranty shall remain available to the County and shall not be reduced during the course <br /> of construction without an express written authorization from County . Requested <br /> reductions shall not be unreasonably withheld by the County . Developer may at any time <br /> substitute guarantees , subject to the approval as to form and amount by the County . <br /> 4 . Up to $ 1 , 000 , 000 . 00 , or the limits of any applicable underlying or excess <br /> insurance coverage carried by Developer or to be obtained during the course of the <br /> construction of the subdivision improvements , Developer agrees to indemnify , hold <br /> harmless , and defend the County against any and all claims , damages , losses , and <br /> expenses , including attorney's fees , for property damage , personal or bodily injury , or loss <br /> of life , arising from the negligent acts or omissions of the Developer, its officers , <br /> employees , agents , or contractors , subcontractors , laborers , or suppliers , relating to the <br /> construction of the required improvements , including all those improvements to be <br /> constructed on existing publicly dedicated or County-owned property , such as street , <br /> sidewalk, bikepath , lighting , signalization , traffic control , drainage , water, or sewer <br /> improvements . <br /> 5 . The County agrees to approve the plat for recordation in the Public Records of <br /> Indian River County , Florida upon a finding as to compliance with all applicable provisions <br /> of the County' s Subdivision and Platting Ordinance and upon execution hereof. The <br /> County shall accept those areas specifically dedicated to the County for the purposes <br /> indicated on the plat at the time of plat recordation . However, nothing herein shall be <br /> construed as creating an obligation upon the County to perform any act of construction or <br /> maintenance within such dedicated areas until such time as the required improvements <br /> are satisfactorily completed . Satisfactory completion in accordance with the land <br /> development permit , plans , specifications , and ordinance requirements of Indian River <br /> County shall be determined by the County and shall be indicated by specific written <br /> approval of the Public Works Director or his designated representative , after receipt of a <br /> signed and sealed Certificate of Completion from the project engineer of record . <br /> 2 <br /> FAAttomey\Nancy\DOCS\PLAN\k for constr w perf bond grace oaks ii . doc <br />
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