HomeMy WebLinkAbout2004-024A Jan 22 04 03e00p Indian River County 772 - 770 - 5095 p . 2
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Lindsey Lanes Subdivision — Phases HwC and II-D ,.
corporate, for use with
letter of credit �r
CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS
N0 . SD -98 -06 -06-CFC (98010101 =37043)
THIS CONTRACT , made and entered into this ZZ_ day of
2004 by and between GHO Vero Beach V, Inc . , a Florida
corporation , hereinafter referred to as 'Developer, " and INDIAN RIVER COUNTY, a
political subdivision of the State of Florida , by and through its Board of County
Commissioners , hereinafter referred to as "County" .
WITNESSETH :
WHEREAS , Developer is commencing proceedings to effect a subdivision
of land within Indian River County, Florida ; and
WHEREAS , a final plat of the subdivision within the unincorporated area
of Indian River County shall not be recorded until the Developer has installed the
required improvements or has guaranteed to the satisfaction of the County that such
improvements will be installed ; and
WHEREAS , Developer requests the approval and recordation of a certain
plat to be known as Lindsey Lanes Subdivision — Phases Il -C and it -D ; and
WHEREAS , the required improvements are to be installed after
recordation of this plat under guarantees posted with the County.
NOW , THEREFORE , IN CONSIDERATION OF THE MUTUAL
COVENANTS AND PROMISES HEREIN CONTAINED , the parties agree as follows :
1 . Developer agrees to construct on or before June 3 , 2004 , in a
good and workmanlike manner, those improvements described as follows :
See Exhibit "A" attached hereto
or otherwise required by the Indian River County Code in connection with the approval
of said plat . A copy of the plat shall be recorded in the Public Records of Indian River
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FAattomeylnancy\DOCs%PLANIk for con w loc Lindsey lanes Iic and Ild.doc
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County, Florida upon the final approval of the Board of County Commissioners and
made a part hereof for all purposes .
2 . Developer agrees to construct said improvements strictly in
accordance with the land development permit, the most recent set of plans and
specifications for this subdivision approved by the County and on file in the Planning
and Development Division , and all County development regulations and standards ,
including conditions and requirements of any applicable County right-of-way permit, all
of which are hereby incorporated by reference and made a part hereof.
3 . In order to guarantee performance of this contract , Developer shall
simultaneously herewith furnish an irrevocable letter of credit , having an expiration date
of not less than ninety (90 ) days beyond the date set forth in Paragraph 1 , provided by
a banking institution authorized to transact such business in this state , in a form to be
approved by the Coun naming Developer as customer and
U� I /
underwriting bank, in the amount of $ 94 ,342 . 91 , as the
hundred fifteen percent ( 115 % ) of the estimated totalcost of improvements ressemaian ning
to be constructed , as determined in accordance with the County's Subdivision and
Platting Ordinance . It is understood that the full amount of the letter of credit shall
remain available to the County and shall not be reduced during the course of
construction unless approved in writing by the County' s Public Works Director pursuant
to Indian River County Code Section 913 . 10 , Requested reductions shall not be
unreasonably withheld by the County . Developer may at any time substitute
guarantees , subject to the approval as to form and amount by the County.
4 . Up to $ 1 , 000 , 000 . 00 , or the limits of any applicable underlying or
excess insurance coverage carried by Developer or to be obtained during the course of
the construction of the subdivision improvements , Developer agrees to indemnify, hold
harmless , and defend the County against any and all claims , damages , losses , and
expenses , including attorney's fees , for property damage , personal or bodily injury , or
loss of life , arising from the negligent acts or omissions of the- Developer, its officers ,
employees , agents , or contractors , subcontractors , laborers , or suppliers , relating to the
construction of the required improvements , including all those improvements to be
constructed on existing publicly dedicated or County-owned property, such as street ,
sidewalk , bikepath , lighting , signalization , traffic control , drainage , water, or sewer
improvements .
5 . The County agrees to approve the plat for recordation in the Public
Records of Indian River County, Florida upon a finding as to compliance with all
applicable provisions of the County's Subdivision and Platting Ordinance and upon
execution hereof. The County shall accept those areas specifically dedicated to the
County for the purposes indicated on the plat at the time of plat recordation . However,
nothing herein shall be construed as creating an obligation upon the County to perform
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FAattomeylnancy00C51PLAN1k for con w loc lindsey lanes iic and Ud .doc
ti Jan 22 04 03 : 01p Indian River County 772 - 770 - 5095 p . 4
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any act of construction or maintenance within such dedicated areas until such time as
the required improvements are satisfactorily completed . Satisfactory - completion in
accordance with the land development permit, plans , specifications , and ordinance
requirements of Indian River County shall be determined by the County and shall be
indicated by specific written approval of the Public Works Director or his designated
representative , after receipt of a signed and sealed Certificate of Completion from the
project engineer of record .
6 . In the event the Developer shall fail or neglect to fulfill its
obligations under this contract and as required by the Indian River County Code , the
Developer, as principal , and the letter(s ) of credit shall be jointly and severally liable to
pay for the cost of construction and installment of the required improvements to the final
total cost, including but not limited to engineering , construction , legal and contingent
costs , including reasonable attorney's fees incurred by the County, together with any
damages , either direct or consequential , which the County may sustain as a result of
the failure of Developer to carry out and execute all provisions of this contract and
applicable ordinances of the County. In no event , however shall the liability of the
underwriting bank under this paragraph exceed the total amount of the original
obligation stated in the letter(s ) of credit , less any approved reductions thereto .
7. The parties agree that the County at its option shall have the right,
but not the obligation , to construct and install or, pursuant to receipt of competitive bids ,
cause to be constructed and installed the required improvements in the event
Developer shall fail or refuse to do so in accordance with the terms of this contract.
Developer expressly agrees that the County may demand and draw upon the existing
letter(s ) of credit for the final total cost of the improvements . Developer shall remain
wholly liable for any resulting deficiency, should the letter(s ) of credit be exhausted prior
to completion of the required improvements . In no event shall the County be obligated
to expend public funds , or any funds other than those provided by the Developer, or the
underwriting bank to construct the required improvements .
8 . Any letter(s ) of credit provided to the County by Developer with
respect to this contract shall exist solely for the use and benefit of the County and shall
not be construed or intended in any way, expressly or impliedly, to benefit or secure
payment to any subcontractor, laborer, materialman or other party providing labor,
material , supplies , or services for construction of the required improvements , or to
benefit any lot purchaser(s ) , unless the County shall agree otherwise in writing .
9 . This agreement is the full and complete understanding of the
parties and shall not be construed or amplified by reference to any other agreement,
discussion , or understanding , whether written or oral , except as specifically mentioned
herein . This agreement shall not be assigned without the express written approval of
the County. Any amendment , deletion , modification , extension , or revision hereof or
hereto shall be in writing , executed by authorized representatives of both parties .
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F:%attomeylnancylDOCSVkANNc for con w loc lindsey lanes iic and Nd. doc
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IN WITNESS WHEREOFthe parties hereto have set their hands and
seals on the day and year first above written .
WITNESSES : GHO VER ACH V, INC . , a
Florida cor ation
sign : & "
print name : By.
• ! resident
si n :
9 C�
print name : (affix corporate seal )
c
INDIAN RIVER COUNTY, FLORIDA
s
By: vx�
Caroline D . Glnn , Chair an
A : Jeffrey K. Ba n , rlc Board of County Commissioners
gy. BCC approved : Februar 3 2004
Deputy Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
By: x -=� �
William G . Collins II
County Attorney
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FAattomeylnancy\DOCS\PLAMk for con w loc lindsey lanes iic and iid. doc
Jan 22 04 03 : 01p Indian River County 772 - 770 - 5095 p . 6
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Engineers Certified Cost Estimate — Lindsey Lanes Phase 11C & 111)
1 , Joseph W. Schulke, A Florida registered engineer, License No . 47,048 , do hereby
certify to Indian River County that a cost estimate has been prepared under my
responsible dircction for those improvements itemized in this exhibit and that the total
cost estimate including a 15 % contingency for said improvements is ; $94 , 342 . 91 . This
estimate has been prepared, in part , to induce approval by the county of a final plat for
Lindsey Lanes Phase IIC & IID, and for the purpose of establishingproper surety
amounts associated therewith.
The cost estimate does not include those costs for the off- site imprdvements to 49`h St .
( turn lane ). A separate estimate and surety is to be provided for this . construction.
Date : 1
/40s6P44V. Schulke, P. E . No . 47048
l�
A i
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-- - o64 oJ to u = IV AFIUxArrt m Iver LounLy p . 7
Construction Cosi Estumate
for Lindsey Lanes
(On - S,le)
ta . tATRU
fran .% jbmtct 11aJ;
f '\ It)hS250. 11( 1 $ 2 . 5m r;m:v� ( '••nJiultc.l 1
��runJan t , ntJmnctt 1 I I 2,),Io S1 oft Sx . 79u uO lotw • $: . M0 (m
11rcctltshts IT 1465 S.t :II 55 . 127 5u o° .. lotto 5x , 7911 ort
11" ° I ( Irl"
I I S ` 4110 fill S2 . tfxlullIIIU" S� . 127 to
111 tiuhlnlNl it " „ S
$ 1x , 717Sn o" u 10(1" u S1x917 � II
(; F: NERAUEARTI IM '( )Rk
$25 . 551 Im
k< ► 1,f►11 \ YNI( ; 11 '14 F'_ 1t � \
S7nxSI fix
Stn ? I : ? I
DkA1N:\4 F.
i2 . 1xo no
WA TE R
S21xuu
Sia oio (NI S5, (,9-) to
SEWER
S23 , w2 SO S4 .69x 5 (1
F: Lt:( TRI ( '
S I x . 917 5n
s1x . 9n 5n
PRU 'FSSI(1NA .
F.\'(: INF. F.RISC;-1 \SPE( TI ( )\ti/( 'F. RTIFIC'.4TIOYS
S-1 . son no S4 .50000
Sl 'RVF. \' STAKEOI T
S4 . Son no S4.500 .00
Sl !RVEV AS- RI 'N .TS
53 .000 .00 S3 ,0OA (X)
MIRVEV-MONUMEVTS AND P.C.r. 'S
S2 .200 . 00 S2.20000
GRAND TOTA L S194,222 ,68
S82,037.31
RONDAMOUNT ( I IS % f
$94.342 .91
EX Ll I " All
I 1B
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Jan 22 04 03 : 02p Indian River County 772 - 770 - 5095 p . 8
Construction Cost Estimate
for Lxtdsey Lanes
(On-site)
( '(1NS I RIY -f1ON ( Y).ST ENTI .%IATE FOR LI \ uSF: 1 LANES Pit %Sr. II ( ' & IID - O\MTF.
1111 .1 . of \ All : O1+ 1 '17I .1'1'llis UNIT 1)11 ,\ N1171' IINHAIRI( ' I ( 5101:KAI . •\ L
( 'tlHl'Llfl'1 I< IALA ( V ( � ( F ( 'tlSl
�a `� \ lnhltn,cut n
Ls
/LlJLW,1IJJ'� tl . s � ■ lint SLklNllxr
( Irrr K Grub I ' " • S l xn l ,u
,\t ' \ uJ SI fail $ ( 101 511 , 751 (NI 91Av
' ter+; I ,..JtanmlvnfunAmcru ( • 1 II 1 ( t° ° 51 a7i iU
Itm
Sediment Inw•e I }u fel Tq ( NI II° , Iixr° .
fu un
1 .$ 1 SI ,I IIx71xl SI INNI INI
ldJdlnl' r ' \1 find 11 SI Ixxl lxr
I Ss rwxt nt Tk ( NlN lxt
, .x .. 5i . 4 4h
RO. \D11 ;Ilq( IGlI 'I'-OF'-11' ;11 1ubu11yl 52 � . + � IINI
SF Uii 11 .
FMahidtn ( r1N11: Sit
) y IJ1N1
h - SWhihucJ 5u fadeSJ ?tN) ( kl U° ° I IxN " SJ . ]rx1 rNt
1Y h: 9tl TJ Wl 52 ] ,531 ( kl °
/ (J ' Rock B:LVC SS. 911 111° , T2 .Ji3 IU .t:r .•
1 . 1 /4 ' h • 1 - I IL, halr3X91 Si 310 % If) .d22 )/)
Ill sl on til' 3rw 1 SJ YX SY ,J 11 X8 IW : I(Xre 59 ,441 XX .-
FA 3 f I j01N) SJ ill IN)
Ob -ct mwkcr st m1p'� ItNM : Sl ; q fk)
l:A J S ! SII fkl S6(kl lkl
Street StnU'; IfXP : . t(dNl tN)
Stu bar A J
L $2O10lXl fX(k) 1k) 11° ; Itkl° ;, SXINI (kt
k A 3 575 lX) S" 5 010 e
h' dhl vclluN sut
LF lio TI (w
StKItl \Ulk) U°: Itki° ; S1u11N1
SY 61 '_ 1 SI 511 Sy, lAl SU
Rcmtmcust Turn around � p 0"'O 10046 tY , IRl511
1'S 3 52(X) UU S6U(I l!V 0°lo I W9'6 Sb(kl [Nl
DRAINAGE Subtotal S70.85168
12 " RCP $311113 71
C Inlets LF JU S F. A S 16 . 50 . $660.00 90%
10°.6 Sb6 (KI 2 5760 .00 51 ,$20.00
`)(r% I00/1 S15200
WATER Subtotal 52, 180.(X) (1 �
5_ I X .fX)
Connect to exist 6 ' ve EA 3
4 " vc 5.150 . 00 $ 1 .350.00 IOU% U!y SU U(I
LF 235 SI0. 50 52,467.50 90% IU'/o ?
6 ' vc 5_46 )5
LF 1142 S ! 1 . 25 512,847.50 90% 10% 51184 75
6'dt LF 210
h"c6" let EA -
522 . 100 f4J0 . 00 90% IU% S4J W
4 " m V EA
5275 . 00 5825 . 00 I (X)°i6 0% $00(1
6"ml „ $450 .00 S350
EA 5 SJ 100% 0% SO.00
M restraincrsc ' SO 00 521550o00oo
10046 U% SO UO
LS I 51 . 00 $ 1 ,000 100%. 00
Fire hydrant usemhlt' 000 0% $0 00
VIA * m reducer LA 2 $2 . 30000 S4,6M W 80% 20°6 5930 00
EA 1
6" 45° MJ Bend $ 183 UU 16185 . UU MI u° 6 SU.UU
6" 910° MJ Bend
EA J SBO-00 S1 .400. 00 8046 2
EA O°'e $ 1 .400 .1)0
$370 .00 $370.00 80% 20% S370 .00
Tem ra 'um r FA
81oN,(fl' $ 1 ,500 .00 $3.000. 00 100% 046 50 .00
EA 2 $400.00 $800.00 100%
Sam le ints EA 3 046 SU.UU
Sin le Service-short 5250.00 $750.00 80°% 20% 5150.00
EA 1 $275 .00 $275 .00
Sin Ic Service-Ion EA 80°6 20% 555 .100
,
Double Serviceshorl 5360.00 5720 .00 80% 20% S 144 .00
wc-short EA 8 5425.00 53 .40000 80%
Double Servic -Ion EA 4 20 % $680. 0(1
1'estin 55010.()0 54000.00 80% 20% $-0100 00
` p\ LS Included in total nee
5E1ti'ERSubtotal %] 9,030 00 55 .694 50
Tie into exist manhole LS 2
8" Pvc 5400.00 $800.00 80% 2046 $ 160.00
nirrutnhole LF 1070 S12.7S $ 13 ,642. 50 80% 20% $2 .728 .50
SEA 3 S1 .ISUM 54135000 / e.
Sin le (r• tcrJl 810° ° 20 .0 $X7(110(1
Double Lateral EA i MOM $500 , 00 80°/6 -I 5100.00
Test in $30000 $4 ,200.00 80% 210°1. 5840.00
( � LS Included in total rice
d $ublolal523,492.50 $4,698. 50
t�r
EXHIBITA
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