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HomeMy WebLinkAbout2005-050 - - v C; Certificate of Completion Legend Lakes , P.D, Phase Il CONTRACT FOR CONSTRUCTION OF REQUIRED SIDEWALK IMPROVEMENTS NO . PD , 01 -01 -03 -SIDE (2000080224 =38437 ) THIS CONTRACT , made and entered into this 8th day of February 2005 , by and between SMIGIEL PARTNERS XII LTD . , a Florida limited 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 issued 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 issuance of a Certificate of Completion for Legend Lakes , P . D . Phase 11 ; and WHEREAS , the required sidewalk improvements are to be installed after the issuance of a Certificate of Completion , 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 by April 13 , 20060 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 a FAAttomeyWancy\DOCSIPLAMside k cash cert complet legend lakes ii.doc 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 an executed cash deposit and escrow agreement in a form to be approved by the County, naming Developer and the Indian River County Office of Management and Budget, as the escrow agent, in the amount of $75 ,573 ,40 , which amount is not less than one hundred fifteen percent ( 115 %t, ) 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 escrow deposit shall remain available to the County and shall not be reduced during the course of construction . 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 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 . z f:\Attomey\Nancy\DOCS\PLAN\sidc k cash cert complcl legend lakes ii.doc 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 to 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 funds in escrow deposit 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. 8 . 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 liable 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 funds other than those provided by the Developer, to construct the required improvements . g . 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 . 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 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:V6ttomey\Nancy\DWSU'LA"ide k cash cert complet legend lakes ii .doc IN WITNESS WHEREOF , the parties hereto have set their hands and seals on the day and year first above written . SMIGIEL PARTNERS XII LTD . , a Florida limited partnership DEVELOPER By GARY SMIGIEL , L. C . , a Florida limited liability company GENERALPART By JN�4 � 11 I a Gary Smigiei , Manager INDIAN RIVER COUNTY, FLORIDA By L�Ljr s. __ Thomas S. Lowther, Chairman Board of County Commissioners INDIAN RIVER COUNTY ATTEST: Jeffrey K. Barton , Clerk BCC approved * 02 - 08 - 2005 By. (seal ) Deputy Clerk APPROVED AS TO FORM AND LEGAL SUF 1CI ICX �7 William G . Collins 11 County Attorney 4 F:\Attorney\Nancy\DOCS\Fl.AN\side k cash cert complet legend lakes ii .doc RECEIVED INDIAN RIVER COUNTY, FLORIDA. DEC 2 Q 2004 MEMORANDUM COUNTY ATTORNEY'S OFFICE DATE * December 20, 2004 TO : William B . Collins, II, County Attorney FROM : Christopher J . Kafer, Jr. , P .E . , County Engine' SUBJEC v Legend Lakes Phase 2 — Sidewalk Bond liiiiiii Attached is a certified cost estimate for sidewalks remaining to be constructed in Legend Lakes Phase 2 . The total cost of $65 ,715 . 00 times 115 % _ $75 ,573 .40 and is acceptable with the Engineering Division . Therefore, I recommend bonding $ 75 ,573 .40 for sidewalks in Phase 2 of Legend Lakes (Phases 2 and 3 as shown on the Land Development Plans) . If you have any questions, please contact me at extension 1221 . CJKAm Attachment cc : Jaynes W . Davis, P . E. , Public Works Director D . E . Howard, Jr. , Manager Construction Coordination Jason E . Brown, Budget Manager File �w�wrv.�a.a wY... . w . . ... ..f.. a . . iM....r. . . ..mow r. ....W Page 1 of 2 �:KA 1680 W. Hibiscus Blvd , Ste B Melbaume , FL 32901 R L9 110 WR P December 8, 2004 DEC 13 2004 INDIAN RIVER GOUNTY ENGIN51FRING DIVISION Mr. Chris Kafer, P. E . County Engineer Indian River County, Engineering Department 1840 2e Street Vero Beach , FL 32960 Re : Legend Lakes Phase 2 (FPGA Phase 283) , Sidewalk Bond Dear Mr. Kafer This is to certify that the improvements for the referenced project are . substantially complete. Consequently, the bond for the project can be produrAd. to $75 ,773 .40 which is equal to 115% of the cost of 4 ,694,9!E"of 4FT. wide sidewalk Since , Ma A. Soyka , PE PE # 34009 CC : C . Heine e 2 ,5, 7 M 113W Page 2 of 2 11 11111111 -- Phone : 1m321 -9W2255 Fax: 1 =321 -966-3393 soykaengineering@cfl. rr. com Certificate of Completion Legend Lakes , RD , Phase II CASH DEPOSIT AND ESCROW AGREEMENT THIS AGREEMENT is entered into this 8th day of February , 2005 , by and between SMIGIEL PARTNERS XII LTD. , a Florida limited partnership ( Developer) , and INDIAN RIVER COUNTY, a political subdivision of the State of Florida (COUNTY) : WITNESSETH : WHEREAS , Developer is effecting development of land within Indian River County and is required to provide surety supporting a contract with the County for the construction of certain required sidewalk 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 : . . I - 1 . The Developer has tendered to the County Office of Management and Budget ( Escrow Agent) the sum of Seventy-Five Thousand Five Hundred Severity-Three and 401100 Dollars ($75, 573.40) , 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 Sidewalk Improvements No . PD-01 -01 -03-SIDE (2000080224-38437) , which agreement is attached hereto and incorporated herein by reference (Contract) . 2 . Upon completion , 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, and that the work for which disbursement is requested has been completed in accordance with County policies for sidewalk construction as those policies relate to location , method , and type of construction . 3 . Disbursement shall occur only after issuance of a Certificate of Completion for sidewalks in accordance with the Indian River County Code . 4 . 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 1 with the work , the accompanying cost estimates and certifications , the Public Works Director shall deliver a written notice to disburse to the County Office of Management and Budget. Upon receipt of the notice to disburse , the Office of Management and Budget shall make the disbursement described therein directly to Developer . 5 . 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 shall be 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 . 6 . Any interest earned during the term of escrow, less administrative expenses , shall be disbursed to Developer at close of escrow . 7 . The funds deposited hereunder exist solely for the protection , 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 contractor, subcontractor , laborer, materialman , architect, engineer, attorney or other party providing labor, material , supplies , or services for construction of the required improvements , 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 improvements . 8 . 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 hereon or hereto shall be in writing , and executed by authorized representatives of each party. 2 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 . SMIGIEL PARTNERS XII LTD. , a Florida limited partnership DEVELOPER By GARY SMIGIEL, L.C. , a Florida limited liability company GENERAL PARTNER. t18%3y00 Gary Smigiel , Manager INDIAN RIVER COUNTY, LORIDA By s > - Thomas S . Lowther, Chairman Board of County Commissioners INDIAN RIVER COUNTY ATTE : Jeffrey K . Bart k BCC approved : 02 - 08 - 2005 By. ( seal ) eputy Clekk OFFICE OFMANA NT AND B T By Ja n . B wn , Director APPRO AS TO FORM AND LEGAL SUFFICIENCY By: uAI ( WV0 I William G . Collins 11 County Attorney 3 4 r ' (1: 06 ? OL44661 : L00355 25v LIll 5 SMIGIEL PARTNERS XII LTD. 1 BOB Indian River County 1 / 14/ 2005 400 • Bonds No . PD-01-01-w-SIDE 75,573 .40 3 1 fl r .. . fy'' I 11 r h _ { '�l- H ' 1 .{ ; 4 ' r Cir 1 r ,,>•-" '�o ,y, s. . Fs r { ". 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