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2003-098
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2003-098
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Last modified
9/28/2016 1:49:54 PM
Creation date
9/30/2015 6:28:52 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
04/22/2003
Control Number
2003-098
Agenda Item Number
7.Q.
Entity Name
Smigiel Partners XII Ltd.
Subject
Legend Lakes Sidewalk Improvements Contracts
Archived Roll/Disk#
3160
Supplemental fields
SmeadsoftID
3221
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f <br /> 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 a performance bond underwritten by a <br /> surety insurer authorized to transact such business in this state , which shall <br /> remain in full force and effect until at least ninety (90 ) days beyond the date set <br /> forth in paragraph 1 , or until the covenants of this contract have been fully <br /> complied with and satisfactorily completed as determined by the County <br /> pursuant to paragraph 5 below , in a form to be approved by the County, with <br /> Nal ►M Bead^ as Principal with the Developer and <br /> County as Dual Obligees , and C.-a ,,. ar <br /> as surety, in the amount of $ a5 , 000 , which amoud is not - less <br /> than one hundred fifteen percent ( 115 ) of the estimated total cost of <br /> improvements remaining to be constructed , as determined in accordance with <br /> the County' s Subdivision and Platting Ordinance . It is understood that the full <br /> amount of the guaranty shall remain available to the County and shall not be <br /> reduced during the course of construction without an express written <br /> authorization from County. Requested reductions shall not be unreasonable <br /> withheld by the County . Developer may at any time substitute guarantees , <br /> 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 <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 and hold harmless the County against any and all claims , damages , <br /> losses , and expenses , including attorney's fees , for property damage , personal <br /> or bodily injury , or loss of life , arising from the negligent acts or omissions of the <br /> Developer, its officers , employees , agents , or contractors , subcontractors , <br /> laborers , or suppliers , relating to the construction of the required sidewalk <br /> improvements , including all those improvements to be constructed on existing <br /> 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 /> 2 <br />
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