HomeMy WebLinkAbout2004-274 r t ,
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CONSENT TO ASSIGNMENT
Indian River County consents to the assignment by JIDA Investments , Inc . to M .
R Homes , Ltd . of Contract for Construction of Required Improvements No . SD-
01 - 12 -31 (2000080158 ) and the Cash Deposit and Escrow Agreement between
JIDA Investments , Inc . and Indian River County , attached hereto as Exhibit "A"
and Exhibit " B " , respectively .
INDIAN RIVER COUNTY , FLORIDA
By : �>.
Caroline D . Ginn , Ch Irman
BCC approved : _ November 9 . 2004
ATTEST : Jeffrey K . Barton , Clerk
By : 2tiixio., q/
Deputy Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY Lr
WILLIAM G . COLLINS It
COUNTY ATTORNEY
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FE X H I agreement
CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS
NO . SD -01 -12 -31 (2000080158 )
THIS CONTRACT , made and entered into this Z day of
Mw 2004 , by and between JIDA Investments , 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" .
WITNESSETOH :
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
I
mprovements will be installed ; and
WHEREAS , Developer requests the approval and recordation of a certain
plat to be known as Ocean Oaks West; 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 c/ 4e / 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
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 ,
FAattomey\nancy\DOCS\PLAN\k for construct CASH ocean oaks westdoc
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 executed cash deposit and escrow agreement , in a
form to be approved by the County Attorney, between Developer and the Indian River
County Office of Management and Budget, as the escrow agent, in the amount of
$ 17 , 915 . 16 which. amount is not less than one hundred fifteen percent (115 % ) of the
estimated total cost of improvements remaining to be constructed , as determined in
accordance with the County's Subdivision and Platting Ordinance . It is understood that
the full arrmount . of the escrow deposit shall remain available to the County and shall not
be reduced during the course of construction without an express written modification
thereof, the escrow agreement executed by all the parties . 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 apoi-cable
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 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 funds in escrow deposit shall be liable to pay for the cost of
construction and installment of the required improvements to the final total cost ,
2
FAattomey\nancy\DOCS\PLAN\k for construct CASH ocean oaks westdoc
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.
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 cash deposit for the
final total cost of the improvements . Developer shall remain wholly (fable for any
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 provided by the Developer to construct the required
improvements .
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 of the County.
Any amendment, deletion , modification , extension , or revision hereof or hereto shall be
in writing , executed by authorized representatives of both parties .
IN WITNESS WHEREOF , the parties hereto have set their hands and seals on
the day and year first above written .
JIDA INVESTMENTS , INC . , a Florida
corporation
WITNESSES :
sign : By:
print n e : Q Jam rk, President
sign :
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INDIAN RIVER COUNTY , FLORIDA
By:
Caroline D . Ginn , Chair an
Board of County Commissioners
ATTEST % Jeffrey K. Barton , Clerk BCC approved $ June 1 . 2004
By:
Deputy Clerk
APPROVED AS TO FORM
AND LEGAL S.UrFICIENCY ;
Y�
William G . Collins II
County Attorney
4
F:\attomey\nancy\DOCS\PLANW for construct CASH ocean oaks westdoc
RIp4'
INDIAN RIVER COUNTY
MEMORANDUM
DATE : May 19 , 2004
TO : Mark Zans , Staff Planner, Current Development
THROUGH : Christopher J . kafer, Jr. , P : E . , County Engine r
FROM : Wilson Wetherington , Senior Engineering Insp ctor � �-
SUBJECT: Ocean Oaks West — Cost Estimate for Bond
RE : . SD=01 - 12 -25 / 200080158
The enclosed cost estimate for 3/ n Type S Asphalt and 4" thick sidewalk, for the
subject ' project , in total amount of $ 17 , 915 . 16 ($ 15 , 578 . 40 x115 % ) ' Is acceptable .
WW/bjr
cc : James W . Davis , P . E . , Public Works Director
Jason E . Brown , Budget Manager
D . E. Howard , Jr. , Manager Construction Coordination
Jodah B . Bittle , P .S , Schulke Bittle & Stoddard , LLC
File
EXHIBI I
F:1Engineer1ng\Land Deveiopment Permits\Ocean Oaks West\Ocean Oaks West c
19-04. doc vuost estimate for bond-Mark Zans- w 5-
JOSEPH We SCHIJUtE, PE, SCH U LKE . B ITTLE & STOD DARD L . L . C .
JODAH B. Bn7LE, P. E.
WIWAM P. STODDARD , Ph.D ., P.E. CIVIL & . STRUCTURAL ENGINEERING LAND PLANNING ENVIRONMENTAL PERMTMNG
Engineen Ceatined Cast Estimate — Ocean Oaks West
I, Jodah B . Bye, A -F r da registered engineer, License No . 57396, do hereby certify to
Indian River County that a cost estimate IM been prepared under my responsible
daection for those improvementsitemizedin this exklit and that the total cost estimate
for said improvements is $ 17 ,915 . 16 This estimate has been prepared, m part, to induce
approval by the county of a final plat for the Ocean Oaks West, and for the purpose. of
estab ishia9 Proper surety amounts associated therewith.
+ Date : s t 0
-��
Jo • $ . Bittl�, .� .E . . .
57396
1140 7" COURT, SUITE VERO BEACH , FLORIDA 32960
TEL 772 / 770-9622 FAx 772 / 770- 9496 EMA+L sbseng@gate .net
COST ESTIMATE FOR OCEAN OAKS WEST
UNIT QUANTITY LTtM FR10E TOTAL cyaRM4AN. -I BOND TOTAL
ROADWAYMIGHT=O] WAX
3/4" Type S asphalt SY 3067 $320 $95814.40 100 . 00°10 $95814.40
Subtotal $9,814.40 100 . 00% $9,814.40
YMCELLANEOUS
4" Thick Skdewalk SF 2096 $2. 75 $52764.00 100 .00% $5, 764.00
Subtotal $59764.00 100. 00% $59764.00
TOTAL CONSTRUCTION COSTS
ROADWAYMGHT-OF WAY $49814. 40 100 . 00% $.9;$14.40
ML9CEL. LANEODS $5,7£4.40 . 140.00' $57764.40
TOTAL $155578.40 100. 00% $1:5,578.40
PLUS 15% $2,336.76 $22336.76
GRAND TOTAL $17 ,915J6 $175915. 16
Ocean Oaks West
for use with Contract for
117 Construction . of Required Improvements
CASH DEPOSIT AND ESCROW .AGREEMENT
THIS AGREEMENT is entered into this go day of
i � 2004 , by and between JIDA Investments , Inc . , a Florida
corporation (Developer) , and INDIAN RIVER COUNTY, a political subdivision of the
State of Florida (County) :
WITNESSETH ;
WHEREAS , Developer is effecting a subdivision of certain property
within Indian River County and is required to provide surety supporting a contract
with the County for the construction of certain required improvements related
thereto ;
NOW , THEREFORE , in consideration of the agreements , promises ,
and covenants set forth herein , and other good and valuable considerations , the
parties hereto agree as follows :
1 . The Developer has tendered to the County Office of Management
and Budget ( Escrow Agent) the sum. of Seventeen Thousand Nine Hundred
Fifteen and 16/100 Dollars ($ 17 , 915 . 16) , the receipt whereof is hereby
acknowledged , which sum shall be held in escrow by said Office , subject to the
terms , conditions and covenants of this escrow agreement as assurance that
_ Developer shall perform in all respects the obligations set forth in the
aforementioned Contract for Construction of Required Improvements , which
agreement is attached hereto and incorporated herein by reference ( Contract) .
2 . Upon completion ' of any distinct or separable phase or
improvement , or independent portion thereof, the Developer may obtain a
disbursement from the escrow account by making a written request to the Board of
County Commissioners of Indian River County through the County's Public Works
Director . The request shall specify the amount of disbursement desired and shall be
accompanied by a sealed certificate from Developer' s engineer describing the work
completed , the actual cost thereof, the estimated cost of all remaining work which is
secured by the escrow account , and that the work for which disbursement is
requested has been completed in accordance with the most recent set of plans . and
specifications approved and on file with the County.
3 . The amount of any given disbursement shall not exceed eighty
(80 % ) percent of the total cost of improvements certified as .being completed
under
the preceding paragraph ; i . e . , twenty (20 % ) percent of the cost of each phase,
improvement, or portion thereof, shall be retained in the escrow account until the
final reduction , which shall occur only after issuance of a Certificate of Completion in
accordance with the County's Subdivision and Platting Ordinance ,
1
FAattomey\nancy\DOCS\PLAN\cash deposit for K ocean oaks west.doc
4 . Notwithstanding the above disbursement limits , at no time shall the
escrow account . balance be reduced below an amount equal to one hundred fifteen
( 115 °/x ) percent of the most recent approved cost estimate of the remaining required
improvements .
5 . Within seven (7) working days after receipt of a disbursement
request , the Public Works Director shall cause an inspection of the work for which
payment is sought . If the Public Works Director is satisfied in all respects with the
work , the accompanying cost estimates and certifications , the Public Works Director
shall notify in writing the County Office of Management and Budget. The Office of
Management and Budget shall make the disbursement as approved by the Public
Works Director directly to Developer.
6 . Upon default by. developer under the Contract, the County may
elect to pursue any of the remedies made available therein . All funds , remaining in
the escrow account at the time default is declared by the County shall be available
for use by the County in accordance with the Contract. Said funds shallbe
disbursed to the County upon receipt by the Office of Management and Budget of a
certified copy of a resolution of the Board of County Commissioners stating that
Developer has defaulted under the Contract and that said funds are necessary to
complete the required improvements . All funds disbursed to County in excess of the
final amount . determined necessary by the County to complete the required
improvements shall be returned 'to Developer, its legal representatives , successors
or assigns .
7 . Any interest earned during the term of escrow, less administrative
expenses , shall be disbursed to Developers at close of escrow.
8 . The funds deposited hereunder exist solely for the protection , use
and bemfit of the County and shall not be construed or intended in any way, .
expressly or impliedly, to benefit or secure payment to any contractor, subcontractor,
laborer, materialman , architect , engineer, attorney or other party providing labor,
material , supplies , or services for construction of the required improvements , or to
benefit any lot purchase , while such funds remain subject to this escrow agreement,
unless and until the County shall agree otherwise in writing . The County shall not be
liable to any of the aforementioned parties for claims against the Developer or
contractor relating - to the required subdivision improvements .
9 . This Agreement, together with the attached Contract, is the full
and complete understanding of the parties and shall not be construed or amplified by
reference to any prior agreement, discussion , or understanding , 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 , and executed by authorized
representatives of each party .
2
F:lattomey\nancy\DOCS\PLANlcash deposit for K ocean oaks west. doc
IN WITNESS WHEREOF , the parties hereto- have set their hands and
seals . The date of this agreement shall be the date of approval by the Board of
County Commissioners , as first stated above .
JIDA INVESTMENTS , INC . , a Florida
corporation
DEVELOPER
By:
Jars ork, President
BOARD OF COUNTY COMMISSIONERS
OF INDIAN 'RIVER COUNTY, FLORIDA
KJ
BY: .
Caroline D . Ginn , Chair an
Attest: Jeffrey K. Barton , Clerk BCC approved : Ju.ne 1 , 2004
By :
Deputy lerk
Office a gemen get
By: `
Jason . Br wn , Budget Director
Approved as to form and legal
sufficiency:
By:
William G . Collins II
County Attorney
3
FAattomeylnancy\DOCSIPLANIcash deposit for K ocean oaks westdoc
JIDA Investments, Inc. INDIAN RIVER NATIONAL BANK
1902 WILBUR AVENUE VERO BEACH, FL 32960 1 -408.
VERO BEACH. FLORIDA 32960 63_120SM70
05/20/2004
PAY TO THE Indian River County
m ORDER OF ` * * * * * *$173915. 16
m
SEVENTEEN THOUSAND NINE HUNDRED FIFTEEN AND 16/100 DOLLARS
DOLLARS . B
ci
z
Indian River County
1840 25th Street
N Vero Beach FL 32960
0
MEMO
II' 00 140811' +: 06 70 120 5 710 0 2 24 213 5000 1