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HomeMy WebLinkAbout2004-024B Jan 22 04 03 : 02p Indian River County 772 - 770 - 5095 p . 10 n: Lindsey Lanes Subdivision — Phases II-C and II-D Off-site improvements corporate, for use with letter of credit CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS NO . SD =98 =06 -06 =CFC0FFSITE (98010101 -37043 ) THIS CONTRACT , made and entered into this �Z day of N 2004 by and between GHO Vero Beach V, Inc . , a Florida corporatio en 2004 referred to as "Developer, " and INDIAN RIVER COUNTY, a political su division 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 off-site improvements or has guaranteed to the satisfaction of the County that such off-site improvements will be installed ; and WHEREAS , Developer requests the approval and recordation of a certain plat to be known as Lindsey Lanes Subdivision — Phases II -C and II -D ; and WHEREAS , the required off-site 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 February 3 , 2005 , in a good and workmanlike manner, those off-site 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 z FftattomeylnancyOOMPLAW for con w loc lindsey lanes iic and iid off site . doc ��� Jan 22 04 03 : 03p Indian River Countd 772 - 770 - 5095 p , ll - 1 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 off-site 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 County , naming Developer as customer and kL , as the undetwritmg bank, in the amount of $ 154, 970 . 14 , which amount is not less than one hundred fifteen percent ( 115 % ) of the estimated total cost of off- site improvements remaining 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 off-site 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 off- site 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 2 FAattomey\nancy\0oCS\pLAN\k for con w loc lindsey lanes iic and iid off site . doc ' 1/� Jan 22 04 03 : 03p Indian River County 772 - 770 - 5095 p . 12 l any act of construction or maintenance within such dedicated areas until such time as the required off-site 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 off-site 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 off- site 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 off-site improvements , 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 . 3 F-Aattcrney\nancy\DOCS\PLAN\k for con w loc lindsey lanes iic and iid off site . doc i' Jan 22 04 03 : 04p 'Indian River County 772 - 770 - 5095 p . 13 .. IN WITNESS WHEREOF , the parties hereto have set their hands and seals on the day and year first above written . GHO VERO E H V, INC . , a WITNESSES : Florida corp ra n sign : XC� � ;j By: print name : 't baK Willi d r, President sign : print name : , ;= ; ;r� (affix corporate seal ) INDIAN RIVER COUNTY, FLORIDA By : � Caroline D . Glnn , Cha rman A Jeffrey K . Ba n , C e Board of County Commissioners BCC approved :_February 3 , 2004 Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY : William G . Collins II County Attorney 4 FAattomey\nancy\DOCS\PLAN* for con w loc Ilndsey lanes ilc and iia off site, doc Jan 22 04 03 : 04p Indian River County 772 - 770 - 5095 p . 14 Engineers Certified Cost Estimate — LindseyLanes nes off-site improvements to 491h St. I, Joseph W. Schulke, A Florida registered engineer, License No . 47048, do hereby certify to Indian River County that a cost estimate has been prepared under my responsible direction for those improvements itemized in this exhibit and that the total cost estimate for said improvements is $ 134, 756. 65 . This estimate has been prepared, in part, to induce approval by the county of a final plat for Lindsey Lanes Phase RC & IID, and for the purpose of establishing proper surety amounts associated therewith. This cost ,estimate is for the o$site improvements to 49" St. (turn lane) . A separate estimate• aad'surety is be pro ' ed for the on-site construction. Date : /�3 a � Joseph . , Sc ulke, P. E. No . 47048 E X H I B I Page 1 of 2 Jan 22 04 03 : 04p Indian River County 772 - 770 - 5095 Construction Cost Estimate for Lindsey Lanes C7 ( — j5 OFF-SITE -TURN LANE © 49TH ST. ( Off-site) Maintenance of Traffic LS Excavation 1 $4,200. 00 $4,200.00 0% 100% $4, 200.00 Remove Existing Mitered End CY 2008 $4. 00 $8,032.00 0% 100% $8,032.00 Sawcut Exis LS 1 $850.00 Pavement LF 2964 $4,742.40 °� 100% $850.00 Gradin Swales $ 1 .60 100'/0 StLS 1 $8,300.00 $8,300.00 po,6 $4, 742.40 abilizedSubgrade 6° 100% $8,300.00 14" Co uina Base SY 375 55.00 $ 1 ,875.00 p% ° SY 1316 100 % $ 1 , 875 .00 6" Co uina Shoulder $ I5 .00 $ 19,740.00 Q% 100% 5Y 1482 $ 12.50 S18,525.00$8 $ 19, 740.00 e F T Curb LF 1495 0% 100% $ 18,525.00 Pavement (2 " T S. 1 ) .25 SIZ,333.75 0% I00% $ 12, 333 .75 Pavement ( 1 " Ty S_3 SY 4940 $7.05 $34,827.00 ° 0 % 100% $34,827.00 24" CMP SY 1206 $4.25 $5, 125.50 0% 100% $ 1 ,40LF 10 $68 0.00 Concrete Collar .00 5680.00 0% 100% EA 1 $65000 0 $680.00 IS" RCP LF 32 . $650.00 0 % 100% $650.00 18" Mitered End $68 . 00 $2476.00 0% 100% $2, 176.00 e "C" Inlet LF 2 51 ,250.00 52,500.00 0% 100% $20500.00 Si EA I $2,200 .00 $2,200,00 Inc. Sto $ Bar LS 1 100%0% III $2,200.00 11111111111 $8,000.00 $ 8,000.00 0% 100% S8,000.00 Subtotal $ 134,756.65 5134, 756.65 E X H I B I It EI Page 2 of 2 j�