HomeMy WebLinkAbout2005-352c warranty road , drainage and sidewalks
WARRANTY AND GUARANTY AGREEMENT ,
AND BILL OF SALE FOR REQUIRED IMPROVEMENTS
CONTRACT NO . PD -03 -07 -17 WGPH2 (2002120179 =44609 )
WHEREAS , the undersigned Developer has obtained approval by the
Board of County Commissioners for the recordation of the final subdivision plat for a
project known as The Lakes at Sandridge , Phase II , pursuant to the Indian River
County Subdivision and Platting Ordinance ; and
WHEREAS , Developer has constructed certain required improvements as
defined by , and in accordance with the requirements of said ordinance , all as described
and evidenced in the various drawings and plans supporting the issuance of the Land
Development Permit , together with the as built plans , test results , and certificate of
completion of the Developer' s engineer; and
WHEREAS , Developer desires to transfer all its right , title and interest to
the County in and to all those improvements constructed within publicly dedicated lands
of said project , free and clear of encumbrances , together with the assignment of all
existing warranties and Developer's agreement to cause to be repaired defects in
workmanship or materials in both public and private road , drainage and sidewalk
improvements , as required by ordinance , and as stated herein below .
WITNESSETH :
That for and in consideration of the sum of ONE DOLLAR ($ 1 . 00 ) and
other good and valuable consideration , the receipt of which is hereby acknowledged ,
Developer , on behalf of itself and all successors and assigns , does hereby :
1 . Represent unto Indian River County , a political subdivision of the
State of Florida , that the required improvements in said project have been constructed
and installed as required by the ordinance , in the manner described above ; and
specifically consist of:
See Exhibit "A" attached hereto
2 . Agree that , should the required improvements fail or otherwise
become defective during a period of three years from the date of final inspection of said
required improvements , due to defective materials or workmanship , the Developer shall
upon each occasion , be responsible in all respects for such failure or defect . Developer
shall immediately , within 20 days of written notice by the County , cause correction of
such failure or defect to begin at Developer' s sole cost and expense and bring them into
compliance with the requirements of the applicable ordinance ( s ) ; and
1
F:Wttomey\Nancy\DOCS\PLANUakes at sandridge ph 2 maintenance k.doc
3 . Acknowledge that , in the event Developer fails to begin or cause
repair of the defective required improvements within 20 days , or to complete such
repairs within a reasonable time thereafter, the County shall have the right to make
such needed repairs and Developer shall be liable to the County for the actual cost
expended by the County for such repairs and any cost incident to the collection of such
sums , including but not limited to , reasonable attorney' s fees and costs of litigation ,
including any appeals ; and
4 . Provide herewith , or has provided heretofore in, a manner satisfactory
to the County , security to guaranty Developer' s performance of this agreement , being
either a cash escrow deposit , irrevocable letter of credit presentable in Florida or bond
issued by a company licensed to do business in the State of Florida with an A . M . Best
rating of A+ XI . In the event Developer has not undertaken the repairs contemplated by
this Agreement following a request by the County , the proceeds of any such security
may be drawn upon by the County to the final total cost of Developer' s obligations
hereunder , not to exceed however , the applicable limits of the security .
5 . Grant and convey unto Indian River County all its right , title and
interest in and to all public improvements , other than land dedicated by plat or separate
easement , which lies within the areas dedicated to the County , and Developer hereby
warrants to the County that it has free and unencumbered title thereto , that all persons
or entities which have supplied labor or materials with respect to such improvements
have been paid in full , that none of them has any claim whatsoever with respect
thereto , and that Developer shall hereafter forever warrant and defend the County' s title
thereto .
IN WTN S
IS WHEREOF , Developer has hereunto set its hand and seal
this �ay of , 2005 .
Signed in the presence of: IRC DEVELOPMENT , L . L. C . , a
Florida limited liability company
loper
sign,,. ;, -�"—
print name :
sign William J ims , Jr. , Ma ger
print na e .•�'�i
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By 1z
WILLIAM G . COLLI
COUNTY ATTORNEY
2
F:\Attorney\Nancy\DOCS\PLAN\lalces at sandridge ph 2 maintenance k.doc
STATE OF FLORIDA
COUNTY OF. �+...,
The foregoing instrument was acknowledged before me this 3/ '�d of
—Li� 2005 by William J . Sims , Jr. , the Manager of IRC
DEVELOPMENT , L . L . C . , a Florida limited liability company . He is personally known
to me ods—�edveed
.J a r i•
IiivT,--
NOTARY PUBLIC :
sign °
Printed name : tulak
SEAL : Commission No . � °� ' D343120
Commission Expiratior>.,*% Expires : S2R 16, 2008
% S
" Atlantic Bonding� LLCo., Inc.
3
F:\Attomey\Nancy\DOCS\FLAN\lakes at sandridge ph 2 maintenance k.doc
*�LORI9�'
INDIAN RIVER COUNTY
MEMORANDUM
DATE : September 9 , 2005
TO : William G . Collins , II , County Attorney
THROUGH : Christopher J . Kafer , Jr. , P . E . , County Engine
FROM : Wilson Wetherington , Senior Engineering Insector 4a
SUBJECT : The Lakes of Sandridge Subdivision , Phase Il , Onsite Three
year Maintenance Security , Revised
REFERENCE : Land Development No . 2002120179 -36241 / PD -03-07 - 17
The enclosed engineer' s certified cost estimate and quantities have been
reviewed for the three-year security of onsite and offsite improvements and are
found to be satisfactory . The total amount of the bond is $40 , 645 . 45
($ 162 , 581 . 78 x 25 % )
If you have any questions please call me at extension 1451 .
WW/bjr
cc : Jason E . Brown , Budget Manager
D . E . Howard , Jr . , Manager, Construction Coordination
Mark Zans , Staff Planner ; Current Development
William B . Eubanks , Jr. , Schulke , Bittle & Stoddard , L . L . C .
File
X 'E I B
Page 1 of 4
F:\Engineering\Land Development Permits\Lakes of Sandridge (fka Paladin Place)\Lakes of Sandridge memo-security
improvements-WCollins-cjk ww 9-9-05.doc
JOSEPH W. SCHULKE, RE. SCHULKE , BITTLE & STODDARD , L . L . C .
JODAH B. BITTLE, P.E.
WILLIAM P. STODDARD, Ph. D., P.E. CIVIL & STRUCTURAL ENGINEERING • LAND PLANNING • ENVIRONMENTAL PERMITTING
September 9, 2005
Christopher J. Kafer, Jr. , P .E .
Engineering Department ,� �° 200.5
Indian River County
1840 25th Street 1NUiAI14 H I V E R COUNTY
Vero Beach, FL 32960 E ".gtm FvR!NQ MASON
Re : Lakes of Sandridge Phases H
Engineering Project Number: 03 -091
Dear Mr. Kafer:
Attached is the 25 % maintenance bond cost estimate and Engineers certification for both the on site
construction for the Phase II this project. Please note the sidewalk estimate is revised per comment
received from Wilson.
Please review and approve these estimates at your earliest convenience .
Should you have any questions regarding the above, please do not hesitate to contact my office.
Sincerely
//$$
William B . Eubank, Jr.
cc : Bill Sims
E X l I I B I 0 as 11
Page 2 of 4
1717 INDIAN RIVER BLVD., SUITE 301, VERO BEACH, FLORIDA 32960
TEL 772 / 770-9622 Fax 772 / 770-9496 ErowL sbseng@bellsouth.net
JOSEPH WeSCHULKE, P.E SCHULKE , BITTLE & STODDARD , L . L . C .
JODAH Be BITTLE, P.E.
WILLIAM R STODDARD, Ph.D., P.E. CIVIL & STRUCTURAL ENGINEERING • LAND PLANNING • ENVIRONMENTAL PERMITTING
Engineers Certified Cost Estimate — The Lakes at Sandridge H
1, Jodah Bittle, P .E. , A Florida registered engineer, License No . 57396 , do hereby certify
to Indian River County that a cost estimate has been prepared under my responsible
direction for those improvements itemized in this exhibit and that the 25 % cost estimate
for said improvements is $40 ,645 .45 . This represents 25 % of the estimated cost of the
improvements for the maintenance Bond. This estimate has been prepared, in part, to
induce approval by the county of a final plat for The Lakes at Sandridge Phase II, and for
the purpos of establishing proper surety amounts associated therewith.
Date : b
Jodah BeLle, P .E . No . 57396
X/E H I B I T
Page 3 of 4
1717 INDIAN RIVER BLVD., SUITE 3011 VERO BEACH , FLORIDA 32960
TEL 772 / 770-9622 FAx 772 / 770-9496 EMML sbseng@bellsouth.net
iiiiiiiiiiiiiiiiiiii iiiiiiiiii ME III III
Cost Estimate for
The Lakes at Sandridge
Phase II
25% MAINTENANCE BOND COST ESTIMATE FOR THE LAKES AT SANDRIDGE PHASE II
9/9/2005
LJIVIT I nTTAVTrrVI UNIT PRICE TOTAL
Storm Sewer
15 " N- 12 ADS HDPE LF 53 $ 12 .00 $ 636 .00
18 " N42 ADS HDPE LF 648 $ 16.00 $ 10,368 .00
24" N- 12 ADS HDPE FL 130 $ 21 .00 $ 2,730 .00
14" X 23 ERCP FL 360 $ 19 .00 $ 6,840.00
TYPE "C" Inlet EA 1 $ 1 ,200 .00 $ 17200 .00
Miami Curb Inlet EA 4 $ 19350.00 $ 5111400 .00
Double Miami Curb Inlet EA 1 $ 19650 .00 $ 1 ,650 .00
Storm MH EA 2 $ 15650.00 $ 39300.00
Subtotal $ 329124 .00
Onsite Paving
8 " Stabilized Subgrade SY 8,860 $ 2 .00 $ 175720.00
6" Road Base and Prime SY 61850 $ 6 .00 $ 419100.00
1 " Type S-3 Asphalt SY 69850 $ 4.00 $ 27,400 .00
211 M ami Curb LF 52750 $ 7 .00 $ 40,250.00
Handicap Ramp EA 2 $ 200 .00 $ 400 .00
Sidewalk SF 1025 .08 $ 3 .50 $ 3 ,587 .78
Subtotal $ 130,457 .78
Total $ 1629581 .78
TOTAL BOND AMOUNT $40,645.45
i`
Date : G
Jodah Bi e, P .E. No . 57396
F V
F v
Page 4 of 4
mom
v
CASH DEPOSIT AND ESCROW AGREEMENT
THIS AGREEMENT is entered into this 9/ 4 4dday of , 2005 , by and between
IRC DEVELOPMENT , L .L . C . , a Florida limited liability company (Developer) , and INDIAN
RIVER COUNTY, a political subdivision of the State of Florida (County) :
WITNESSETH :
WHEREAS , Developer has subdivided certain property within Indian River County and is
required to provide security supporting Warranty and Guaranty Agreement and Bill of Sale for
Required Improvements (ContractNo . PD-03 -07= 17=WGPH2 (200212017944609) withthe County
for the warranty and guaranty of certain required Improvements related thereto , namely :
See Exhibit "A" 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 Forty Thousand Six Hundred Forty Five and 45 / 100 Dollars , U . S .
($40 , 645 . 45) , 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, which
agreement is incorporated herein by reference .
2 . 90 days prior to completion of the 3 -year warranty and guaranty period specified in
Section 913 . 10(2) , Subdivisions and Plats, Indian River County Code, the Developer may request a
disbursement from the escrow account by making a written request to the County ' s Public Works
Director. The request shall specify the amount of disbursement, and shall be accompanied by certified
inspection reports under seal 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 .
3 . Upon receipt of a request to release warranty and guaranty security to a developer,
and within approximately 30= 60 days prior to a county inspection of required improvements
scheduled at the end of the warranty and guaranty period the county shall notify subdivision residents
of the request and inspection. Notice may be provided by sign posting, mall, flyers , or advertisement. >7 n
4 . At the end of the three (3 ) year period ( 10/21 /08), the public works director shall
release the security under the terms of the warranty and guaranty agreement, upon a determination
from the county engineer that required road, drainage and sidewalks meet applicable county
performance standards .
1
5 . Upon defect in the improvements guaranteed 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. Said funds shall be disbursed to the County upon receipt by the Office of
Management and Budget of a letter from the County Administrator or designee to use the funds held
pursuant to Section 913 . 10 of the Indian River County Code stating that Developer has defaulted
under the agreement and that said funds are necessary to repair the improvements . All funds oto
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.
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, in the event required improvements are dedicated to a private homeowner' s association,
that association (after turnover of control from Developer), 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 parry 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
subdivision improvements .
8 . This Agreement, together with the agreement 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 parry .
2
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
first above written.
Signed in the presence of: IRC DEVELOPMENT, L.L. C . , a Florida limited
liability mpany
p ' to name : j�. C" �c%�� By •
William J ims, Jr. , M ager
p ' ted name y , ��
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By . G. .:
seph . Baird County strator
Authority : Resolution 2005 - 121
OFFICE OF MANAG NT
AND BUDGET
041
By :
Jaso E . Br , Director
APPRO D TO FORM AND
LEGAL S ICIENCY:
By : bu - ' 9/49
William G . Collins, H
County Attorney
3
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