HomeMy WebLinkAbout2003-116 Sebastian Car Wash II r J
03 � � ` �
CASH DEPOSIT AND ESCROW AGREEMENT
THIS AGREEMENT is entered into this 13th day of May , 2003 ,
by and between Ron Adamson ( Developer) , and INDIAN RIVER COUNTY, a
political subdivision of the State of Florida ( County) :
WITNESSETH :
WHEREAS , Developer is effecting a development of certain property
within Indian River County and is required to provide surety supporting a Bill of
Sale of Utility Facilities for the maintenance of certain required improvements
related thereto , namely:
See Bill of Sale attached hereto
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 One Thousand One Hundred Fifty-Five
and 25/100 Dollars ($ 1 , 155 . 25) , 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 Bill of Sale ,
which is incorporated herein by reference .
2 . Upon completion of the maintenance period specified in the Bill of
Sale , the Developer may obtain a disbursement from the escrow account by
making a written request to Indian River County through the County' s Utilities
Director. The request shall specify the amount of disbursement , and shall be
accompanied by a sealed certificate from Developer' s engineer that the work for
which disbursement is requested remains in satisfactory condition in accordance
with the most recent set of plans and specifications approved and on file with the
County.
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FAAttomey\Nancy\DOCS\PLAN\CASH DEPOSIT form for 25% maint site plan . doc
3 . Within seven (7 ) working days after receipt of a disbursement
request, the Utilities Director shall cause an inspection of the work for which
payment is sought . If the Utilities Director is satisfied in all respects with the work
and certifications , the Utilities Director shall approve the disbursement . Approval
of any disbursement shall be in writing delivered to the County Office of
Management and Budget . Upon receipt of the written approval of the
disbursement , the Office of Management and Budget shall make the
disbursement described therein directly to Developer, at the address specified in
the request for disbursement .
4 . Upon defect in the improvements warranteed under the Bill of Sale ,
the county may utilize all funds remaining in the escrow account at the time
default is declared by the County. Said funds shall be disbursed to the County
upon receipt by the Office of Management and Budget of a written statement
from the Utilities Director that Developer has defaulted under the Bill of Sale and
that said funds are necessary to repair the improvements . All funds disbursed to
County in excess of the final amount determined necessary by the County to
repair the improvements shall be returned to Developer, its legal representatives ,
successors or assigns , at the end of the guaranty period .
5 . Any interest earned during the term of escrow shall be disbursed to
Developer at close of escrow less administrative expenses .
6 . 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 , or to benefit any lot purchaser, while such funds remain subject
to this escrow agreement . The County shall not be liable to any of the
aforementioned parties for claims against the Developer or contractor relating to
the required improvements .
7 . This Agreement , together with the Bill of Sale referenced herein , 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.
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IN WITNESS WHEREOF , the parties hereto have set their hands and
seals . The effective date of this Agreement shall be the date of approval by the
Board of County Commissioners .
Signed in the presence of:
sign : ) a4 'K ,
Print name : 6and- r or L ., tri y �,�'
Ron Adamson
sign :
print name :
Date :
OFFICE OF MANAGEMENT AND
BUDGET
Date : Jr 7 � gy; ; .
Jason . rown , Budget Manager
BOARD COUNTY
COMMISv%, ONERS INDIAN RIVER
COUNTY
5 / 13 / 03
Date : J3 ,
BCC Approved j IKenneth R . Macht , Chairman
ATTEST :
JEFFREY K . BARTON RK
Deputy Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY :
By. 11
m G . Collins II
County Attorney
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SEBASTIAN CAR WASH ,, INC. 1394
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SEBASTIAN, FIL 32958 63- 1205/670
PAY DATE 04pp
KTO THE �2r
ORD 164!5`
� h / ! DOLLARSSebawftn^ 32960o
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Indian River National Bank
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■ ■ ■ ■ ■
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5/97 (deed .bi1lsa1e)Vk
BILL OF SALE OF UTILITY FACILITIES
TO
INDIAN RIVER COUNTY, FLORIDA
(when constructed within existing easement or road rights of way)
KNOW ALL MEN BY THESE PRESENTS , that :
O�KON ! v Arv7sON
the address of which is :
5"8' ° 1�,oL.Bo.a ST, SEBAST, Pn► , FL . 3�95 � hereinafter called
GRANTOR , in consideration of value received , the receipt and sufficiency of which is hereby
acknowledged , has and does hereby grant , bargain , sell , transfer, and deliver unto INDIAN
RIVER COUNTY , a political subdivision of the State of Florida , whose address is 1840 25th
Street , Vero Beach , FL 32960 , hereinafter called GRANTEE , this Qp day of
the following goods and chattels :
EXHIBIT "A " ATTACHED HERETO AND MADE A PART HEREOF
which utility facilities are located in existing easements or road rights of way described generally
as follows :
U • S . 1� � G tlw..o� � � R � � W 'r' cf t.v,AY
TO HAVE AND TO HOLD the same unto GRANTEE forever, and GRANTOR hereby warrants
to the GRANTEE that it has free and unencumbered title - to the above-described facilities , that
all persons or entities which have supplied labor or materials with respect to these facilities
have been paid in full , that none of them has any claim whatsoever with respect thereto , and
that the GRANTOR has full authority to make this conveyance and will warrant and defend the
sale of said chattels and utility facilities hereby made unto GRANTEE against the lawful claims
and demands of all persons whomsoever.
GANTOR hereby further warrants that should the above described utility facilities fail or
otherwise become defective during a period of one year from the date of acceptance of same
by GRANTEE , due to defective materials or workmanship , GRANTOR shall upon each
occasion be responsible in all respects for such failure or defect and shall correct same at
GRANTOR ' s sole cost and without expense to GRANTEE upon reasonable notice by
GRANTEE . GRANTOR shall be solely liable and shall save GRANTEE harmless from any
direct or consequential damage attributable to such failure or defect . GRANTOR hereby also
assigns all its right , title , and interest in and to manufacturer' s or supplier' s warranties with
respect to the described facilities .
( page one of two)
( page one of two)
IN WITNESS WHEREOF , the GRANTOR has herein set its hand and seal the day and year
first above written .
Signed , sealed , and delivered
in the presence of:
sign
Witnes
printed name : (;�
n
name :
K= N -�p.Ot'+r1SON
Witness0., _ title : owl
printed name : —r'o VP N ,
( co rate acknowledgment)
STATE LORIDA
COUNTY OF AN RIVER
The foregoing instrumenas sworn to and subscribed before me this day of
by as
on behalf of said corporation . a is '
personally known to me or did produce
as identification .
My Commission Expires :
Notary lic
printed name :
Commission #
( individual acknowledgment)
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Th forgg Ing instrument was sworn to and subscribed before me this qz; day of
2003 by Rea Ad Arrza j who is personally known to
m r did produc Was identification .
My Commission Expires :
T
r
%r' 'a PATRICIA
GROINrD Notary Public
MyMMMISSION # DD019416 printed name :
F EXPIRES: August 5, 2005
-
Bonded
Commission #
(page two of two)
EXHIBIT "A"- BILL OF SALE.
Item Description Unit Total Unit Price Total Price
' Units
1 . 8 " PVC LF 161 $ 14. 00 $24254 . 00
29 81' Gate Valve EA 1 $ 960 . 00 $ 960 . 00
3 . Fitt ' s and Restraints for Water EA 1 $350. 00 $350 . 00
4. 1 V2 Water Service EA 1 $257. 00 $257 . 00
4 . En ' LS 1 $ 500. 00 $500 . 00
5 . Serve ' LS 1 $300. 00 $300 . 00
Total
$4 , 621 . 00
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