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Home My WebLink About2007-206A Site Plan t warranty road and drainage - Harbor Chase - - - STATE OFFt1RroO, � 2n l 1, l INDIAN Y r CUUNTY `l I rTHIS,I iO GER'! IFYTHATTHIIIdS A TRUE A&D CORRLCT COPT' Of THEtRIGMAL ON FILE IN TNIE OFFICS EFREYBY `1F� *r-^. BARTO� C4ERK�P DATE WARRANTY AND GUARANTY AGREEMENT, AND BILL OF SALE FOR REQUIRED IMPROVEMENTS CONTRACT NO. SP-MA-03 -10 -65 (2003070076-36065) WHEREAS , the undersigned Developer has obtained special exception and conceptual site plan approval by the Planning and Zoning Commission for a project known as Harbor Chase ; and WHEREAS , Developer has constructed offsite improvements to Indian River Boulevard and 41St Street; 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 and materials in the public road and drainage improvements , 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 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 June 4, 2007 to June 4 , 2010 , 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 ; and APPROVED AS TO FORM 1 AND/, LEGAL SUFFICIENCY F:\Attorney\Nancy\DOCS\PLAN\harbor chase maint.doc BY h ""',� & G WILLIAM G. COLLINS 11 COUNTY ATTORNEY 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 , lying 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 WITNESS WHEREOF , Developer has hereunto set its hand and seal this 7 day of 2007 . Signed in the presence of: RPVB , LLC , a Florida limited liability company N4�� Developer sign : (� print name : HIW ( eS J Nn,/[ S By: sign : Timothy S . SNmi& print nam c u--^— Managing Member (affix corporate seal ) 2 F:\Attomey\Nancy\DOCS\PLAN\harbor chase maint.doc STATE OF FLORIDA COUNTY OF Jji'Y i (`�)l ty-t?K The foregoing instrument was acknowledged before me this �~ day of C' s 2007 by Timothy S . Smick, managing member/President of RPVBLLLC , aJAcida id liability company , on behalf of said entity. He is ersonall ly known to mei or has produced ( passport/driver's license identification . NOTARY PUBLIC : Fvyr vua� TRACEY A GA vconlmissloryCommission NO . SEAL: s ad _x PIRES: lu Commission Expiration : (gW1396Ut :! GneGn M1Wlary 3 F:\Attomey\Nancy\DOCS\PLAN\harbor chase maint.doc � RIVER c C z MAY 0 2007 �CORI�Q' INDIAN RIVER COUNTY MEMORANDUM DATE : May 29 , 2007 TO : William G . Collins , II , County Attorney THROUGH : Christopher J . Kafer, Jr. , P . E . , County Engineer FROM : William B . Eubank , Jr. , Senior Engineering Inspector REFERENCE : Harbor Chase Phase 125% 3 Year Maintenance Bond SUBJECT: SD-03- 12-28 / 2003070076-36610 The enclosed revised engineer's certified cost estimate and quantities dated May 25 , 2007 for the turning lane on Indian River Blvd . have been reviewed for bonding of 25% 3 Year Maintenance Bond , and are found to be satisfactory . The total amount of the bond is $3 , 723 . 50 (25 % of $ 14 , 894 . 00) . The date of the Certification of Completion has not been determined . If you have any questions please call me at extension 1451 WBE/wbe cc: Jason E . Brown , Budget Manager Dan Wittenberg , Engineering Inspector Supervisor Mark Zans , Senior Planner/GIS Stephen E . Moler, P . E . , Masteller & Moler, Inc. File v Lj Y F Page 1 of 2 F1Engineering%Stormwater Permits\HarborChase ALF%Harbor Chase Phase 125% maintenance bond-Will Collins-cjk wbe 5-29-07.doc HarborChase Off-Site Roadway and Stormwater System Maintenance Security Exhibit Indian River Boulevard & 41st Street DESCRIPTION QUANTITY UNIT UNIT PRICE QTY PRICE 1 Type C Inlet 1 EA $ 2 , 300.00 $ 21300.00 2 18" CMP Pipe 169 LF $ 32 .00 $ 51408.00 3 Storm Manhole 1 EA $ 21800. 00 $ 21800.00 4 2" Type S-1 Asphalt 40 SY $ 23. 00 $ 920.00 5 1 " Type S-3 Asphalt 40 SY $ 28. 00 $ 12120. 00 6 12" Stabalized Subgrade 46 SY $ 38. 00 $ 1 , 748. 00 7 8" Base Rock 46 SY $ 13. 00 $ 598. 00 Indian River Boulevard & 41st Street Total Construction Cost $ 14,894.00 Maintenance Security 25% $ 3,723.50 jRARED BY MAS TELLER & MOLER, INC. fOA Y 2 5 2007 Stephen E. Moler FL FE 433193 Vice President Page 2 of 2 Projects/0241/ADMIN/Final Certs (BOS_road and stonnwater rev_052507.)ds) 1 of 1 RPVB , LLC 1190 IRCOUNTY INDIAN RIVER COUNTY Acct # 5 / 31 / 2007 REFERENCE , . INVOICE NUMBER INV DATE INVOICE AMOUNT :ADJUSTMENT DISCOUNT WRITE OFF - - NET AMOUNT PAIDrv. Bond - roads d storr DEPOSIT 3YR 5/31/2007 $3 , 723 . 50 $31723 . 50 $0 . 00 $0 . 00 $3 , 723 . 50 JUN 0 4 U3 Bond - roads d stormwater $3 , 723 . 50 $3, 723 . 50 $0 . 00 50 . 00 53 , 723 . 50 RPVB, LLC Synovus Bank of Tampa Bay 1190 ; 1440 Hwy. AIA 63-14161631 Vero Beach , FL 32963 (772) 492-5002 DATE 5 / 31 / 2007 AMOUNT * * * 3r723 . 50 PAY Three Thousand Seven Hundred Twenty Three Dollars And 50 Cents TO THE INDIAN RIVER COUNTY ORDER VERO BEACH FL OFl CHFCIt IS RE INTEp ON SEGUR ITY PAPER. WHICH INCLUDES A dIOROPRINT OUPOER i FLUORESCENT FIBERS u■ 00 1 119011' 1 : 063 L 114 57048811'