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Home My WebLink About2003-339 Dec 05 03 12 : 43p Indian River County 772 - 770 - 5055 P • 4 z . )G v5 ® � �� The Gardens At Enver Grave ForwstRsr��Lecaitwoc � 4 for use with letter of credit CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS NO. SD-03 -02=10-CFC (2002070010.37196 ) THIS CONTRACT, made and entered into this day of December, 2003 by and between Ranger Bacon , 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 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 Improvements will be installed ; and WHEREAS , Developer requests the approval and recordation of a certain plat to be known as The Gardens At River Grove ; 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 : 7 . Developer agrees to construct on or before December 16, 2004 , in a good and workmanlike manner, those improvements described as follows : See Exhibit "A" ssttached hereto or otherwise required by the Indian River County Code in connection with the approval of said plat. A copy of the plat shalt 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 . I F : '� a�torney\narcy\Docs\ DLAN\k for con w loc the gardensat river grove , doc Dec 05 03 12 : 44p Indian River County 772 - 770 - 5095 p . 5 2 . Developer agrees to construct said Improvements strictly in accordance with the land development permit, the most recent set of pians 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 , including conditions and requirements of any applicable Countyright-of-way permit, all of which are hereby incorporated by reference and made apart hereof. 3 . In order to guarantee performance of this contract, Developer shall simultaneously herewith furnish an irrevocable letter of credit having an expiration date of not less than ninety (90 ) days beyond the date set forth in Paragraph I . provided by a banking institution authorized to transact such business in this state, in a form to be approved by the County, naming Developer as customer and Bank of America , as the underwriting bank, in the amount of $856,911 .90, which amount is not less than one hundred fifteen percent ( 115%) of the estimated total cost of improvements remaining to be constructed , as detentlined in accordance with the County's Subdivision and Platting Ordinance. it is understood that the full amount of the letter of credit shall remain available to the County and shall not be reduced during the course of construction unless approved in writing by the County's Public Works Director pursuant to Indian River County Code Section 913 . 10 . 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 , 000,000,04, 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 Couniy against any and all claims , damages , losses, and expenses, including attomey'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 applicable 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, pians , specifications, and ordinance requirements of Indian River County shall be determined by the County and shall be 2 F : % attomey`%nanCADOCS \ PLAN\k for con w 10a the gardenaat river grove . doc Dec 05 03 12 : 45p Indian River County 772 - 770 - 5055 p • 6 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 fall or neglect to fulfill its obligations under this contract and as required by the Indian River County Code, the Developer, as principal , and the letter(s) of credit 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 andcontingent costs , including reasonable attomey`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. In no event, however shall the liability of the undervwriting bank under this paragraph exceed the total amount of the original obligation stated In the letter(s ) of credit, less any approved reductions thereto . 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 existing letter(s) of credit for the final total cost of the improvements . Developer shall remain wholly liable for any resulting deficiency, should the letter(s) of credit be exhausted prior to completion of the required improvements . In no event shalt the County be obligated to expend public funds, or any funds other than those provided by the Developer, or - the underwriting bank to construct the required Improvements . 8 . Any letter(s) of credit provided to the County by Developer with respect to this contract shall exist scieiy 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, materialrnan or other party providing tabor, material , supplies ; or services for construction of the required Improvements , or to benefit any lot purchase s) , unless the County shall agree otherwise in writing . g . This agreement is the full and complete understanding of the panties 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 r'vision hereof or hereto shall be in writing , , executed by authorized representatives of both parties. 3 F : \ attorney\mmnCy\DOCS\ PLAN\k fvr eon w loc the gardenaat river grove . doc LILA VV VV i1L ♦ 1 ( � LI • V iVll 1 \ i •i Gl ./ VY • • v � - - - - - - - Q i IN WITNESS WHEREOF , the parties hereto have set their hands and seals on the day and year first above w6 ten . WITNE sign • pn name: / � oger Bacon M sign : DEVELOPER print n e : jo &j CjQ gk INDIAN RiV R COUNTY, FLORIDA ey: nn4RAWacoht, airman ATTES Jeffrey K. Ba n , Clerk oard of County Commissioners r gyp;, -- L � scc approved ; — 12 - 16 - 2003 Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: William G. Collins II County Attorney 4 F : }attorneyltta PMOCS \PLAN\ k for con w loe the gardeneat river greve . doc Deo 05 03 12 : 47p Indian River County 9101E - 77u - � uua P - o 11 Acres Vero Beach LEIPrOJOct Ho. 02164 jCost ""mete EX 11/22103 ftem ft" sow t-rmwv 11 i !oA p 00 i1,S"I`��" SIS 0` q0 3IMPat6 mr SemCarwr Wagon 2061 7.500 W +AC MAO so ES' Work 2061 25 AF I I Ir AS~ 703 a 23 ,Cr 16.01125 Ir Lraeeoat SMse $300 I Zo I$Y $40,335 75 aeoo $21,500 00 5laaaea Srwraoa em7 TS ISY M.3►5 W T 7Pe F Cure a Greer 100 ?Sr f6 $0p 60 S*vm $470 736IFT $a0.21I20 Pavaawa 8aararq am Smpne ! ISO Td o7 $or 529 63700 Tom" la•1 ! 4,60000 ILS N.60000 14111 Seed • ! fss7x » ! T!S IST 84081111M son T•tW W h$ f+ 10000 s..rorC low l7M.; 50.00 rPr Let 049" TnS0001EI $Da.65000 : rTl1p00 a•Skqb Mf" 06401 171500IZAG f 00 du Oa * Sw.er 3&viw I1 : ! � aWa 1a M-001EA 53,655.00 lr ` ! ie.610.00 • �! (1100 F�j 1 t StoeoM aatKlare 13 SmUS bjFA $37.05.60 Snneerr. T 3I.= * &A 53.977 01 3rCt �236T /FjL SLU517 4 84Cmp 270 p ! 1, 10040 MA 11.7woo too CAW 1722m$1.14 MT 1$3200141 , r ca1P12400140 15.00 _ -001 ! 6' RCP �' 76,60 OFT S-IC50 7SA0 mr i6,6e600 erKer r PVC r'Aos a• AVC P%% 540 MR 55,76100 C PVC PW MCC AFT S27N.0o Fel Im We60.Yew res Hw to o FT 111.000.00 4 1 a7aAD YakA1a f" S1AWAo wafer Valvesr - �- : $750.00 ! 4425A OiA 84"GM& wm Sem" (is) 2 IFAi, OD M DINAW V er Serene (r, 5 3376.0 MA $147&00 awf" PSK 17 - 100.00 MA 19,10040 6• waWNW T60 + om Saddle $ 180.01 )EA waw mw r PVc ! 4.10040 43 31160m4d n tr 4x4 Teo IIM OFT $ 16.0004022 W46 200A OEA `r(! 4M'. St 3121 bo As Somao Pe30 and sbw OR 2 125-0 AS 1525.00 � Y� 400 4x.00 eEA i AA20.00 7 1•rso-o WT $1.71000 l sTrwGaWa _ ` 4ChwNO,t Fens ftWm. V WIN fats 6.00 ?T 400 SCA OFT � j /;�y�' / 1.-4 -03 wipe Penh. Cyt, p,W S" CM 21,000.00 OL6 �,00D,00 /1f.� �5-�tlt. EaMt, 7 EnSktaar4ty � •V 'A""" creat "d, row a voaaaw t 50,000.00 AS $50.000.00 Laadacaae Lew Oar Tran Laws! Oak r+ae W !OO.OD IBA 155 460.00 � 91*0 pine I" SWM rwA Moscow 6JTr ]OD.oOIEA 17,SW,00 / �f wswe almee N 2 46040 IEA 89000 r^ ashen "" lm 7Y " � 5!a eoo4D �r-"mss -� Sabel Pon Tree 7! 54,00000 ' 210AO OEA f3 000 00 19% Catrr9an4y s7N, ao.» $t r 1 ,771 . 12 , TOTAL ji66,it1 .S0