The URL can be used to link to this page

Home My WebLink About2003-187.A.1 Jun 05 03 12 : 54p Indian River County 772 - 770 - 5095 P - 2 it PLANLEGAL(wGC/nhm) corporate , for use with Lindsey Lanes Subdivision — Phase II - B cash deposit and escrow agreement CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS NO - SD -98 -06 -06 (98010101 -34528 ) Au ust THIS CONTRACT , made and entered into this 5th day of , 2003 , 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 Count Commissioners , hereinafter referred to as "County" , y WITNESSETH : WHER subdivision of and within Indian River Countyis , a commencing proceedings to effect a y, 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 — Phase If = B ; 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 : I . Developer agrees to construct on or before 9 ) 5 u .2, a good and workmanlike manner, those improvements described as follows ; m 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 County, Florida upon the final approval of the Board of County Commissi made a part hereof for all purposes . oners and 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 , t ! U - JUJ .7 p . .j Y including conditions and requirements of any applicable Co unty of which are hereby incorporated by reference and made a part hereof right-of-way permit, all 3 . In order to guarantee performance of this contract, Developer simultaneously herewith furnish an executed cash deposit and escrow agreement, form to be approved by the County Attorney , between p shall County Office of Management and Budget, as the escrow g ement, in a Developer and the Indian River $ 4 19 which amount is not less than one hundred fifteen the amountofof the estimated total cost of improvements remaining to be cons determined in accordance with the County's Subdivision an percent ( d , s understood that the full amount a the escrow dideposit shall constructed , as d Platting Ordinance . It is County and shall not be reduced during the course of construction awithoutlable to the written modification thereof, the escrow agreement executed by all the parties , an express Requested reductions shall not be unreasonably withheld by the Count may at any time substitute guarantees , subject to the approval as to form and amo by the County. amount nt 4 . Up to $ 1 , 0008000 . 00 , or the limits of any applicable underlying excess insurance coverage carried by Developer or to be obtained during the course or the construction of the subdivision improvements , Developer agrees to indemni ` hof old harmless , and defend the County against any and all claims , dams fY, hold expenses , including attorney's fees , for property damage , yes , losses , and loss of life , arising from the negligent acts or omissions of the Developer, its 9 , personal or bodily injury, or employees , agents , or contractors , subcontractors , laborers , or suppliers, relating the construction of the required improvements , includingall officers , constructed on existing publicly dedicated or County-owned hoop improvements to be sidewalk, bikepath , lighting , signalization , traffic control , drainage , ywate, as street, improvements , or sewer 5 . The County agrees to approve the plat for recordation in the P ubc Records of Indian River County, Florida upon a finding as to compliance with all applicable li provisions of the County's Subdivision and Platting Ordinance and upon execution hereof. The County shall accept those areas specificallypPl cable the purposes indicated on the plat at the time . However, nothing me of plat recordation dedicated to the County for herein shall be construed as creating an obligation upon the County to perform a Of construction or maintenance within such dedicated areas until such time as act required improvements are satisfactorily completed . Satisfactory completion t in accordance with the land development permit, plans , specifications , and ordinance requirements of Indian River County shall be determined by the County and shall b indicated by specific written approval of the Public Works Director or his designated e 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, Principal , and the funds in escrow deposit shall be liable to pay for the cost of 2 Acer Jun 05 03 12 : 55p Indian River County 772 - 770 - 5095 p , 4 construction and installment of the required improvements to the final total cost including but not limited to engineering , construction , legal and contingent including reasonable attorney's fees incurred by the County, together with ' damages , either direct or consequential , which the Count m g costs ,any the failure of Developer to carry out and execute all provisions sof tthis contract la of applicable ordinances of the County. of 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 ca to be constructed and installed the required improvements in the event Developer suss fail or refuse to do so in accordance with the terms of this contract . Developer h expressly agrees that the County may demand and draw upon p hall final total cost of the improvements . Developer shall remain wholly de rfotposorrathe ny resulting deficiency, should the cash deposit be exhausted prior to completion of the required improvements . In no event shall the County be obligated to expend public funds , or any fund other than those providedby the Developer to construct the required improvements . q ed 8 . Any cash deposit 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 Any amendment , deletion , modification , extension , or revision hereof or hereto hall be in writing , executed by authorized representatives of both parties . IN WiTNESS WHEREOF , the parties hereto have set their hands and seals on to day and year first above written . GHO VE O EACH V, INC . , a Florida WITNESS S : corporati n sign : print name : , By. W dler resident sign : ° print nam M t . (affix corporate seal) 3 Jun 05 03 12 : 55p Indian River County 772 - 770 - 5095 P • 5 i r INDIAN RIVER COUNTY , FLORIDA BAenneth r R . ach , Chairman Board of County Commissioners ATTEST: Jeffrey K. Bart Clerk BCC aplirc , ved 08/ 05 /200 Be " d)? Dwceeputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By : �/cL, William G . Collins I1 County Attorney 4 Vit' JOSEPH W. SCHULKE, PE. SCHU LKE , BITTLE & STODDARD , L . L . C . JODAH B . BITTLE, P. E. WILLIAM P. STODDARD, Ph . D. , PE. CIVIL & STRUCTURAL ENGINEERING • LAND PLANNING • ENVIRONMENTAL PERMITTING " f 41W 9 2003 INDIAN AIVER COUNTY ENGMIFFRING DIVISION Engineers Certified Cost Estimate — Lindsey Lanes Phase IIB 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 $35 ,404 . 19. This estimate has been prepared, in part, to induce approval by the county of a final plat for the Lindsey Lanes Phase IIB , and for the purpose of establishing proper surety amounts associated therewith. Date : JoseSchulke, P. E . o . 47048 1140 7'" COURT, SUITE F VERO BEACH , FLORIDA 32960 TEL 772 / 770-9622 FAx 772 / 770-9496 EMAIL sbseng@gatemet Construction Cost Estimate for Lindsey Lanes ! CONSTRUCTION COST ESTIMATE FOR LINDSEY LANES PHASE IIB BILL OF SALE OF UTILITIES UNITQUANQTY. QTY• REMAING TITY UNIT PRICE TOTAL COMPLETE REMAINING COST GENERAL EARTHWORK Mobli 0 on LS 1 1800.00 $ 1 ,800.00 90% 100/0 Clear & Grab A 4.42 $ 1 ,650.00 $7 293.00 100% 100% 180.00 Excavation/Embanl�en CY p 0.00 T . Sediment fence LS 1 $0.00 $0.00 100% 100% $p, Gra ' [/w and Swales $ 1,000.00 1 ,000.00 100% 100% 0.00 1 000.00 4,000.00 50% 50% 2,000.00 VE Subtotal 14,093 .00 21, 180.00 onuments I.C.Fs LS 1 $2 200.00 $2 200.00 0% ° 0 /o $2 00 ()0 Subtotal $2 200.00 .$2,200. 0 R ADWAY/RIGHT-OF-W Y Finish Grad ' r/w LF 800 3 .00 $2,40 .00 "SOKOF, 50% 1200.00 8" Stabilized Su SY 2080 $5.45 $ 11,336.00 6" Rock Base SY 2080 $5.45 $ 11 ,336.00 100% $0.00 1-1/4 " S-1 It SY 1906 S Si EA $4.98 $9,491 .88 1 $ 150.00 $ 150.00 0% 100% $ 150.00 Ob'ectmarker si EA 2 $ 150.00 $300.00 0% ipp% Street S ' EA 2 $300.00 $20(1.00 S $400.00 0% 100% $400.00 1 $75.00 $75.00 0% 100°h $75.00 6" dbl ellow stri LF 50 Sod SY 266 100% $50.00 T T-Turnaround (AOPlace LS 1 $1 .50 $399.00 0% 100% $399.00 $5,000.00 $5,000.00 100% 0% $0.00 Remove esixt Tum around LS 1 $200.00 $200.00 100% 00 Subtotal $0.00 WATER $41 , 137.88 $2,574.00 Connect to exist 6" c LS 1 $450.00 $500.00 90% 10% Connect to exist 4 " c LS 1 $500.00 � 4 " vc $400.00 90% 10% $400.00 6" LF 235 $ 10.50 $2,467.50 90% 10010 $246.75 LF 651 6"� $ 1125 $7,323 .75 90% 10% $732.38 LF 40 $22.00 $880.00 900/0 10% 6"x6" tee EA 2 $880.00 4" $275.00 $550.00 90% 10% $550.00 EA 1 $350.00 $350.00 90% 10% $350.00 6"m EA 3 $450.00 $ 1 ,350.00 90% 10% M' restrainers LS 1 $ 135.00 Fire drantassemb $ 1 ,000.00 $ 12000.00 90% 10% $ 100.00 EA 1 $29300.00 $2,300.00 90% 6"x4" ni reducer EA i 10% $230.00 ' T .um $ 185.00 $ 185 .00 90% 10% $ 18.50 EA 1 $ 1 ,500.00 $ 1 ,500.00 90% 1 0°h $ 150.00 Blow-off EA i Sa le rots $400.00 $400.00 90% 10% $40.00 EA 3 $250.00 $750.00 0% 100% $750.00 Single Service-shot EA 3 $275.00 $825.00 90% Sm a Service-lo EA 1 0% $82.50 $360 Double Service-short $360.00 90% 10% $36.00 EA 3 $425.00 $ 1275.00 90% 10% $ 127.50 DoubleServioe-lon EA 2 $500.00 $ 1 ,000.00 9p% o T LS Included in total ce 10 % $ 100.00 Subtotal $239416.25 r Construction Cost Estimate for Lindsey Lanes SEWER Tie imo exist manhole LS 1 $400.00 $400.00 90% 8" Pvc LF 670 10% $40.00 S manhole EA $ 12.75 $8,542.50 90% 10% $854.25 2 $ 15450.00 $2,900.00 900/0 10% $290.00 Sin a Service EA 2 Double service $250.00 $500.00 90% 10% $50.00 EA 7 $300.00 $2, 100.00 90% 10% Testtn IIILS Included in total $210.00 ELECTRIC Subtotal $ 14,442.50 $ 1444 25 0� Transformer Pads 5 EA $250.00 $ 1250.00 0% 100% j Z"S' I u3 Nfnary Condui est. LF 1560 $ 1 ,250.00 Seconds Condu est. $3 .00 $4,680.00 0% 100% $4,680.00 StreetlightsLF 780 $3 .50 $2,730.00 00/0 100 /o LS 10 $2,730.00 $2,500.00 $2,500.00 0% 100% $2,500.00 Subtotal $ 11 , 160.00 0% 100% $ 11, ib0.00 SUMMARY COST TOTAL COST REMAINING GENERAL/EARTHWORK $ 14,093 .00 $2, 180.00 SURVEY 6k � - ZS -�3 $2,200.00 $2,200.00 ROADWAY/RIGHT-OF-WAY $41 , 137.88 $2,574.00 WATER $23541615 $5,428.00 SEWER $ 14,442.50 $ 1 ,444.25 ELECTRIC $ 119160.00 $ 11 , 160.00 PROFESSIONAL SOILS TESTING $3,000.00 $300.00 ENGINEERING-INSPECTIONS/CERTIFICATIONS G $4,500.00 $ 1 ,500.00 SURVEYSTAKEOUT $42500.00 $ 19000.00 SURVEY AS-BUH TS $3,000.00 $3,000.00 GRAND TOTAL $ 1219449.63 $30,786.25 BOND AMOUNT (115%) $35,404. 19