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Home My WebLink About2005-078 f� 1 _ 1 i � Citrus Springs Village "A" P. D. - Phase 11 Certificate of Completion r' surety CONTRACT FOR OR CONSTRUCTION OF REQUIRED SIDEWALK IMPROVEMENTS NO . PD -03 -06 - 14 -CFCSIDE -A2 ( 99100114 -37069 ) THIS CONTRACT , made and entered into this 7 day of January 2005 , by and between The Suntree Partners Florida general partnership , 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 has commenced proceedings ', to effect development of land within Indian River County , Florida ; and WHEREAS , a Certificate of Completion for the development within the unincorporated area of Indian River County shall not be issue until the Developer has installed the required improvements or has guarantgIed to the satisfaction of the County that such improvements will be installed ; and WHEREAS , Developer requests the issuance of a Certificate of Completion for Citrus Springs Village "A" P . D . - Phase II ; and WHEREAS , the required sidewalk improvements are to be installed after the issuance of a Certificate of Completion , under guarantees pasted 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 by April 20 , 2006 , a date being within two years of approval of Final Plat , in a good and workmanlike manner, those improvements described as follows : See Exhibit "A" attached i F :\Attorney\Nancy\DOCS\PLAN\side k for con w cert of compl surety. doc 1 or otherwise required by the Code of Laws and Ordinances of Indian River County in connection with the approved Preliminary Plat and Land Development Permit , which are incorporated by reference into this contract . 2 . Developer agrees to construct said improvements strictly in accordance with County policies for sidewalk construction as those policies relate to location , method and type of construction , 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 a performance bond underwritten by a surety insurer authorized to transact such business in this state , which shall remain in full force and effect until at least ninety ( 90 ) days beyond the date set forth in paragraph 1 , or until the covenants of this contract have been fully complied with and satisfactorily completed as determined by the County pursuant to paragraph 5 below , in a form to be approved by the County, with Developer as principal and Contractors Bonding and Insurance Company as surety , in the amount of $ 39 , 339 . 38 , 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 amount of the guaranty shall remain available to the County and shall not be reduced during the course of construction without an express written authorization from County . Requested reductions shall not be unreasonable 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 sidewalk, improvements , including all those improvements to be constructed on existing publicly dedicated or County owned property . 5 . The County agrees to issue a Certificate of Completion , upon a finding as to compliance with all applicable provisions of the County's Development Regulations and Ordinances and upon execution hereof. However, nothing herein shall be construed as creating an obligation upon the County to perform any act or construction or maintenance until such time as the required improvements are satisfactorily completed . Satisfactory completion in 2 F :\Attorney\Nancy\DOCS\PLAN\side k for con w cert of compl surety.doc f 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 nd sealed Certificate of Completion from the project engineer of record . 6 . The County agrees to issue building permits and Certificates of Occupancy prior to the installation of required sidewalk improvements so long as Developer is not in default of the terms of this Contract . 7 . In the event the Developer shall fail or neglect o fulfill its obligations under this contract and as required by the Code of Laws and Ordinances of Indian River County, Florida , the Developer, as principal , and the guarantor or surety shall be jointly and severally liable to pay forte 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 . 8 . The parties agree that the County at its option sha I 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 cot of the improvements . Developer shall remain wholly liable for any resulting c eficiency, 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 funds other than those provided by the Developer, the guarantor, or surety , to construct the required improvements . 9 . Any guaranty or surety 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, materialmap or other party providing labor, material , supplies , or services for construction of the required improvements , or to benefit any lot purchaser(s ) , unless th County shall agree otherwise in writing . 10 . 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 w thout the express written approval of the County. Any amendment , deletion , modification , 3 F:\Attorney\Nancy\DOCS\PLAN\side k for con w cert of comp) surety. doc t 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 . THE SUNTREE PARTNERS , a Florida general partnership, DEVELOPER By HMM , INC . , a Florida corporation , r Partner By 4� W FC Myr . Haley, 43residlit INDIAN RIVER COUNTY LORIDA By LSC Thomas S . Lowther, Chairman Board of County Commissioners COUNTY ATTEST : Jeffrey K . Barton , Clerk BCC approved : 03 / 15 / 2005 1� By : ( seal ) Deputy Clerk APPROVED AS TO FORM AND LEGALU F. tNGY XIA r ? WI Ilam G . C bf ins II County Attorney 4 FAAttorney\Nancy\DOCS\PLAN\side k for con w cert of comp) surety.doc II r Board of County Commis ioners y1840 25th Street Vero Beach, Florida 32960 Telephone: (772) 5674000 �zORI FAX: (772) 778-9391 January 24 , 2005 Joseph Schulke , P . E . Schulke , Bittle & Stoddard , LLC 1717 Indian River Drive , Suite 301 Vero Beach , FL 32960 Subject : Citrus Springs , Village A-2 Sidewalk Bond Cost Estimate Reference : PD - 01 -02 -08 / 9910011444658 Dear Mr. Schulke : On January 24 , 2005 Engineering Division staff performed a sidewalk inspection of the above subject project. The inspection revealed that none of the sidewalks constructed at this time . The approved Land Development Permit plans indicated sid walks are required on both sides of the road , therefore the cost for bonding will be : 2443 .44 L . F . x 4 feet wide = 9 , 773 . 76 sq ft 9773 . 76 sq ft x $ 3 . 50 = $34 ,208 . 16 $ 34 , 208 . 16 x 115 % _ $ 39 , 339 . 38 Please contact me at (772 ) 567-8000 extension 1221 or Wilson Wethering on at extension 1451 if you have any questions . Si rely, hristophe . K r, r . E . County E gineer CJK , WW/bjr cc : D . Howard , Jr . , Manager, Construction Coordination 144,P�Wilson Wetherington , Senior Engineering Inspector Pamela Williams , Senior Engineering Inspector Nancy Mossali , Legal Assistant, County Attorneys Office Stan Boling , A . I . C . P . , Planning Director, Community Development File FAEngineering\Land Development Permits\Citrus Springs\Citrus Springs Vil A-2 sidewalk bond cost estimate-SBS-eft ww I1 -24-05.dot SII i