Loading...
HomeMy WebLinkAbout2006-157� T `7 SLAB REMOVAL AGREEMENT /(v. Krr THIS SLAB REMOVAL AGREEMENT is made this ye rMc-1 20 cc� by and between DIVOSTA BUILDING CORPORATION, a Florida corporation ("DiVosta") and INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("County"). RECITALS WHEREAS, DiVosta is a Florida building contractor engaged in the construction of single family residences on lots located in the County and owned by its parent company, DiVosta Homes, L.P., Delaware limited partnership, and WHEREAS, DiVosta and the County -have agreed to permit DiVosta to pour house slabs in the subdivision known as Waterway Village, prior to the delivery of form board tie-in surveys, subject however to the conditions set forth herein. NOW THEREFORE, for and for and in consideration of these premises and the benefits to be realized by each party hereto, sufficiency of which is hereby acknowledged, DiVosta and the County hereby covenant and agree as follows: The above recitals are true and correct, and are incorporated herein by this reference. 2. The parties hereto agree that all houses constructed within the subdivision located within Indian River County known as "Waterway Village" shall comply with all minimum finished floor elevation requirements and minimum setback requirements of the County's Development of Regional Impact and Conceptual PD approval for the Waterway Village Development. 3. DiVosta agrees that it will remove, at its sole expense and within 10 days of receipt from County of a written notice of a non-compliance, any house slab within Waterway Village that does not comply with all minimum finished floor elevation requirements and minimum setback requirements of the County's final PD for the Waterway Village Planned Development. DiVosta further agrees that it will not seek any waiver, variance, or other administrative relief for any slab which is not in compliance and comply with all minimum finished floor elevation requirements and minimum setback requirements of the County's Development of Regional Impact and Conceptual PD approval for the Waterway Village Development 4. DiVosta agrees that it will provide a signed and sealed form board tie-in survey within 24 hours of each house slab pour in Waterway Village. 5. County agrees that DiVosta may pour house slabs on lots within Waterway Village prior to the delivery of form board surveys to the building department provided that DiVosta has delivered to the County: a. an escrow in the amount of $100,000.00 pursuant to an escrow agreement, a copy of which is attached hereto and made a part hereof marked Exhibit `A", assuring the County that in the event a house slab is poured that does not comply with the County's minimum finished floor elevation or minimum setback requirements and DiVosta fails to remove the slab in accordance with paragraph three (3) above that funds are available to the County to remove the non -complying slab. In the event the County draws on the escrow in accordance with this Agreement and the escrow agreement, DiVosta shall have ten (10) business days after receiving written notice from the County of the amount drawn to replenish the escrow by the amount drawn. In the event DiVosta fails to timely replenish the escrow by the amount drawn, the County may terminate this Agreement by providing written notice to DiVosta. b. Submit to the County Building Official, prior to scheduling the form board inspection for each lot, a letter executed by the project surveyor, certifying that the form boards meet the minimum setback requirements and minimum finished floor elevation requirements, and that the poured slab meets the minimum setback requirements and minimum finished floor elevation requirements. The form of this certification is attached hereto as Exhibit B. 6. The provisions of this Agreement may not be amended, supplemented, waived or changed orally, but by writing signed by all parties to this Agreement. All of the terms and provisions of this Agreement are binding upon, inure to the benefit of, and are enforceable by the parties and their respective successors and assigns. 8. All notices, requests, consents and other communications required or permitted to be given under this Agreement shall be in writing (including telefax or telecopy) and shall be sent by certified mail, postage prepaid, return receipt requested, hand delivered, delivered by a recognized national overnight courier service, or sent by electronic communication (whether by telefax, telecopy) addressed as follows: To the County: James "Buddy" Akins, C.B.O. Building Official Indian River County 1840 25th Street Vero Beach, Florida 32960-3365 Tel: 772-226-1268 Fax: 772-770-5333 2 To DiVosta: Curtis K. Ring, President DiVosta Building Corporation 4500 PGA Boulevard, Suite 400 Palm Beach Gardens, Florida 33418 Tel: 561-625-8365 Fax: 561-624-5030 9. This Agreement shall be construed and governed by the laws of the State of Florida. Any and all legal action necessary to enforce this Agreement shall be in Indian River_County, Florida. No remedy conferred upon any Party is intended to be exclusive; any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or otherwise. No single or partial exercise by any Party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 10. In the event that any section, paragraph, sentence, clause or word hereof is held invalid by any court of competent jurisdiction, such holding shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. 11. This Agreement shall take effect immediately upon execution by the last party to sign. 12. This Agreement represents the entire agreement between the parties and supersedes all other negotiations, representations, understandings, or agreement between the parties, relating to the subject matter of this Agreement, whether oral or written. 13. A parry's failure to enforce any provision of this Agreement shall not be construed as a waiver of the right to later enforce that or any other provision of this Agreement. 14. Only the parties to this Agreement shall have standing to enforce it. IN WITNESS WHEREOF, the parties have signed this Slab Removal Agreement on the date set forth above. VIII . / 1 IJ ( - I ' 11 .lei 'it DIVOSTA BUILDING CORPORATION -12 By: C/ 8 Curtis Ring, President ATTEST: Jeffrey K. Barton, Clerk Deputy Clerk M INDIAN RIVER COUNTY S Arthur -_;R:' Ne�ex BCC a pprgved'::, E Approve 'Sot form�and;le ry, • p� By. William G. Collins, County Attorney V06 Esq., EXHIBIT "A" CASH DEPOSIT AND ESCROW AGREEMENT THIS AGREEMENT is entered into this /0 day of 1 2006, by and between DIVOSTA BUILDING CORPORATION, a Florida corporation (Contractor), and INDIAN RIVER COUNTY, a political subdivision of the State of Florida (County): WITNESSETH; WHEREAS, Contractor, a building contractor owned by its parent company, DiVosta Homes, L.P., is engaged in the construction of single-family residences on lots located in Waterway Village which DiVosta Homes, L.P. is developing; and WHEREAS, Contractor and County have entered into a Slab Removal Agreement whereby County has agreed to permit Contractor to pour house slabs within Waterway Village prior to the delivery of form board tie-in surveys, subject to, among other conditions cited in the agreement, the posting of cash escrow in the amount to $100,000.00; 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. Contractor has tendered to the County Office of Management and Budget (Escrow Agent) the sum of One Hundred Thousand and No/100 Dollars ($100,000.00), 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 Contractor shall perform in all respects the obligations set forth in the aforementioned Slab Removal Agreement, which agreement is attached hereto and incorporated herein by reference. 2. Upon completion of all slab pours in the Waterway Village DRI, the Contractor may obtain disbursement from the escrow account by making a written request to the County's Building Official. The County's Building Official is James "Buddy" Akins, C.B.O. whose address is stated in the Slab Removal Agreement. 3. Within seven (7) working days after receipt of a disbursement request, the Building Official shall cause an inspection of the work. If the Building Official is satisfied in all respects with the work, the Building Official shall notify in writing the County Office of Management and Budget. The Office of Management UAWATERWAY VILLAGE\cash deposit guarantying slab removal.doc and Budget shall make the disbursement as approved by the Building Official directly to Contractor. 4. Upon default by Contractor under the Agreement, 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 Agreement. Funds necessary to remove any non -complying slab (which the parties agree shall be $10,000.00 per slab) shall be disbursed to the County upon receipt by the Office of Management and Budget of a written notice from the Building Official stating that Contractor has defaulted under the Slab Removal Agreement. The Building Official shall provide a copy of said notice to Contractor in accordance with the Slab Removal Agreement. All funds disbursed to County in excess of the final amount determined necessary by the County to removed slabs shall be returned to Contractor, its legal representatives, successors or assigns. 5. Any interest earned during the term of escrow, less administrative expenses, shall be disbursed to Contractor at close of escrow. 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, 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 Contractor. 7. This Agreement, together with the attached Slab Removal Agreement, 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. 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. DIVOSTA BUILDING CORPORATION �' P By: CA Curtis Ring, President CONTRACTOR UAWATERWAY VILLAGE\cash deposit guarantying slab removal.doc BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER bOUNTy ,FLORIDA ur R. ATTEST: Jeffrey K. Barton, Clerk By:: A�� .,meq V �kc -- Deputy Clerk VCounty Attorney U:\WATERWAY VILLAGE\cash deposit guarantying slab removal.doc �S'ri4,J0"/ COUNTY INDIAN RIVER COUNTY BOCC Check Number 0090504025 Vendor Number 27108839 Check Date 05/11/06 Invoice Date Co Lot Lot Address Opt batt Acct Cat Description Amount REFLECTIVE WATERMARK ON THE BACK. HOLD AT AN ANGL E TO SEETHE MARK WHEN CHECKING THE ENDORSEMENT 05100 05/10/06 DEPOSIT E R W/AGR MENT r' **** TOTAL **** 100,000.00 VERIFY THE AUTHENTICITY OF THIS MULTI -TONE SECURITY DOCUMENT ®. CHECK BACKGROUND AREA CHANGES COLOR GRADUALLY FROM TOP TO BOTTC ;Check Nurnbef 0090504025 64-1278 f ,0 Vos`ta a la CorOorat on 4500 RGA fily� :� z '� Suite 400 Check Date o5/11/o6 Palm Beach Gardens, FL 33418 41 . , - � 0/11 f`�� 41 ***100,000.00 �• /4 Pay exactly. / ONE HUNDRED THOUSAND AND 00/100 DOLLARS Pay to the order of Bank of America V iter 180 D Customer Deb Connection INDIAN RIVER COUNTY BOCC- / BOARD OF COUNTY COMMISSIONERS 1840 25TH ST _ VERO BEACH, FL 32960 11000 90 50 40 2 511° 100Gii1278810 329904021411' THE ORIGINAL DOCUMENT HAS A WHITE REFLECTIVE WATERMARK ON THE BACK. HOLD AT AN ANGL E TO SEETHE MARK WHEN CHECKING THE ENDORSEMENT