7/14/2016 2:27:16 PM
9/30/2015 8:37:29 PM
Official Document Type
Agenda Item Number
Mizner Grande at Vero Beach
Contract Construction Required Improvements
Replat of Eagle Trace Subdivision
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maintenance period commencing after County issuance of a Certificate of Completion . <br /> Notice of this ongoing responsibility shall be provided by Developer to any subsequent <br /> builder/ homeowner. <br /> Satisfactory completion in accordance with the land development permit , <br /> plans , specifications , and ordinance requirements of Indian River County shall be <br /> determined by the County and shall be indicated by specific written approval of the <br /> Public Works Director or his designated representative , after receipt of a signed and <br /> sealed Certificate of Completion from the project engineer of record . <br /> 6 . In the event the Developer shall fail or neglect to fulfill its obligations <br /> under this contract and as required by the Indian River County Code , the Developer, as <br /> principal , and the funds in escrow deposit shall be liable to pay for the cost of <br /> construction and installment of the required improvements to the final total cost , <br /> including but not limited to engineering , construction , legal and contingent costs , <br /> including reasonable attorney' s fees incurred by the County , together with any <br /> damages , either direct or consequential , which the County may sustain as a result of <br /> the failure of Developer to carry out and execute all provisions of this contract and <br /> applicable ordinances of the County . <br /> 7 . The parties agree that the County at its option shall have the right , <br /> but not the obligation , to construct and install or, pursuant to receipt of competitive <br /> bids , cause to be constructed and installed the required improvements in the event <br /> Developer shall fail or refuse to do so in accordance with the terms of this contract . <br /> Developer expressly agrees that the County may demand and draw upon the cash <br /> deposit for the final total cost of the improvements . Developer shall remain wholly <br /> liable for any resulting deficiency , should the cash deposit be exhausted prior to <br /> completion of the required improvements . In no event shall the County be obligated to <br /> expend public funds , or any fund other than those provided by the Developer to <br /> construct the required improvements . <br /> 8 . Any cash deposit provided to the County by Developer with respect to <br /> this contract shall exist solely for the use and benefit of the County and shall not be <br /> construed or intended in any way , expressly or impliedly , to benefit or secure payment <br /> to any subcontractor, laborer, materialman or other party providing labor, material , <br /> supplies , or services for construction of the required improvements , or to benefit any lot <br /> purchaser( s ) , unless the County shall agree otherwise in writing . <br /> 9 . This agreement is the full and complete understanding of the parties <br /> and shall not be construed or amplified by reference to any other agreement , <br /> discussion , or understanding , whether written or oral , except as specifically mentioned <br /> herein . This agreement shall not be assigned without the express written approval of <br /> the County . Any amendment , deletion , modification , extension , or revision hereof or <br /> hereto shall be in writing , executed by authorized representatives of both parties . <br /> 3 <br /> F :\Attorney\Nancy\DOCS\PLAN\k for construct CASH replat of eagle trace . doc <br />
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