HomeMy WebLinkAbout2004-227 v Windsor Plat 25 P . D.
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MODIFICATION TO
CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS
NO . PD -03 -01 -06 (2002100039 -34925 )
THIS MODIFICATION , made and entered into this 12th day of
October 2004 , by and between WINDSOR PROPERTIES , a Florida
general partnership , 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 entered into a Contract for Construction of
Required Improvements No . PD-03-01 -06 (2002100039 - 34925 ) , attached as
Exhibit "A " , guaranteeing the completion of certain required improvements and
posted Wachovia Bank , National Association Irrevocable Standby Letter of
Credit No . SM203748W in the amount of $443 , 083 . 59 as security for the
completion of those required improvements ; and
WHEREAS , the required improvements are not all completed ; and
WHEREAS , Indian River County Code Section 913 . 10 ( 1 ) ( B ) allows up to
one year from date of final plat approval for the required improvements to be
completed ; and
WHEREAS , the final plat for Windsor Plat 25 P . D . was approved by the
Board of County Commissioners of Indian River County on June 24 , 2003 ; and
WHEREAS , Indian River County Code Section 913 . 10 ( 1 ) ( E ) states that
for good cause shown , the Board of County Commissioners may in its discretion
grant one or more extensions of time for performance of any contract for
required improvements , provided the surety supporting such contract remains
valid ; and
WHEREAS , the Developer wishes to extend the contract date in which to
complete the remaining required improvements and has substituted $443 , 083 . 59
cash and has entered into a Cash Deposit and Escrow Agreement , attached as
Exhibit " B " in support of the contract and modification ,
NOW, THEREFORE , IN CONSIDERATION OF THE MUTUAL
COVENANTS AND PROMISES HEREIN CONTAINED , the parties agree as
follows :
1 . The date for completion of the required improvements as outlined
in the Contract for Construction of Required Improvements No . PD-03 -01 -06
(2002100039-34925 ) is extended to December 31 , 2004 ,
2 . The Wachovia Bank , National Association Irrevocable Standby
Letter of Credit No . SM203748W in the amount of $443 , 083 . 59 is substituted
with cash in the amount of $443 , 083 . 59 , and developer has executed a Cash
Deposit and Escrow Agreement which is made a part of this Modification .
3 . All other terms set out in the Contract for Construction of Required
Improvements No . PD-03-01 -06 (2002100039-34925 ) remain in full force and
effect.
IN WITNESS WHEREOF , the parties hereto have set their hands and
seals on the day and year first above written .
WINDSOR PROPERTIES , a Florida
general partnership ( DEVELOPER)
By : TORWEST - INC . , a Florida
cor ti , Peneral Partner
By:
Robert T mey Vick P esident
INDIAN RIVER COUNTY, FLORIDA
by and through its Board of County
Commissioners
Caroline D . Ginn , Chairman
manna
ATTEST : J . K . Barton , Clerk of Court BCC ratified : nrt� 12
By:
Deputy Cler
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By: k� c �
William G . Collins II
County Attorney
2
F:1Attomey\Nancy\DOCS\PLAN\MODIFICATON K Windsor plat 25.doc
EXHIBIT " A " = 7 -W
Windsor Plat 25 P . D . Q I/ 7 I
PL WL W1AL(WGClnW 4
corporate, for use with
letter of credit
CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS
NO . P13 -03 -01 -06 (2002100039 =34925)
THIS CONTRACT , made and entered into this 24th day of
June , 2003 by and between WINDSOR PROPERTIES , a Florida general
partnership , 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 , Fionda ; 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 ash Windsor Plat 25 P . D . ; 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 :
1 . Developer agrees to construct on or before
May 3 0 , 02004 , in aa good and workmanlike manner, those
improvements described as follows :
.See Exhibit . "A" attached hereto
or otherwise required by the Indian River County. Code in connection with the approval
of said plat. A copy of the plat shall be recorded in the Public Records of Indian River
County, Florida upon the final approval of the Board . of County Commiss
made a part hereof for all purposes , loners and
20 Developer agrees to construct said improvements strictly in
accordance with the land development permit, the most recent set of plans and
specifications for this subdivision approved by the County and on file in the Planning
and Development Division , and all County development regulations and ,
standard
including conditions and requirements of any applicable County right-of-wa s
of which are hereby incorporated by reference and made a part hereof. y Permit, all
3 . In order to guarantee performance of this contract, Developer shall
simultaneously herewith fumish * an irrevocable letter of credit, having an expiration date
of not less than ninety (90 ) days beyond the date set forth In Paragraph 1 , provided b
a banking institution authorized to transact such business in- this state , in a form to be
approved by the County, naming Developer as
Wcustomer and
WF.bovia
underwriting bank, in the amount cl $ 443 , 083 59 as the
one hundred fifteen , which amount is not less than
percent ( 11' 5 % ) of the estimated total cost of improvements
remaining to be constructed , as determined in accordancewith 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 without an express written modification thereof executed by all parties .
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 . 00 , 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 County against any and all claims , damages , losses
expenses., including attorney's fees , for property dams a , and
loss of life , arising from the negligent acts or omissions of he Developer,,bodily
officers r
employees , agents , or contractors , subcontractors , laborers , - or suppliers , relatingt t
he
construction of the required improvements , including all those improvementto he
constructed on existing publicly dedicated or ' Countymowned property ,
sidewalk, bikepath , lighting , signalization , traffic control , drainage , water, or sewer
N
mprovements .
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
2
accordance with the land development permit, plans , specifications , and ordinance
requirements of Indian River County shall be determined by the County and shall be
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 fail 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 and contingent
costs , including reasonable attorney'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
underwriting 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 shall 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 solely 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, matenalman or other party providing labor,
material , supplies , or services ' for construction of the required improvements , or to
benefit any lot pu.rchaser(s ) , unless the County shall agree otherwise in writing ,
9 . This agreement is the full and . complete understanding of the
parties 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 revision hereof or
hereto shall be in writing , executed by authorized representatives of both parties .
3
IN
seals on the da WITNESS WHEREOF, the
Y d year first above written , parties hereto have set their hands and
WINDSOR PROPERTIES, a Florid
general Partnersha a
P (DEVELOPER)
By: TORWEI T, INC•, a Florida
4WITNESSES : cor o
P Ion G neral Partner
T i r
sign :
print na e : C , s ��. By: f
Robert o ey, Vice r
sident
si n ;
prin e .
(affix corporate seal)
INDIAN RIV R COUNTY, FLORIDA
By:
nneth R. Macht, C airman
ATTEST: J*e' ffrey -K, Barton , Clerk Board of County Commissioners
Bcc approved : 06 - 24 - 3004
Deputy Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Bye : cr•�-
WIlliam G . Colles h
County Attorney
4
Knight , McGuire & Associates , Inc.
Consulting Engineers and Planners
80 Royal ,Palm Pointe, Suite 401
Vero Beach, Florida 32960
David S . Knight, P .E. civil@lmightmcguire. com
Scott B . McGuire, P .E. Phone 772-569-5505
. Fax 772-569- 1455
Certified Engineer's Cost Estimate May 30, 2003
Windsor Plat 25
I , Scott B . McGuire, a Florida Registered Engineer, License No . 39573, do hereby certifyto Indian
River County that a cost estimate has been prepared under My responsible direction for
those improvements itemized in this exhibit and that the total cost estimated for said improvements
is $443 , 083 . 59 . This estimate has been prepared, in part, to induce approval by the Coun of a final let
approyal for Windsor Plat 25 Final Plat, and for the Purpose of. establishin ro er surety amounts
gps6EMed therewith .
39573
S B . McGuire , P . E. 7FLRe . No .
Desari 'on Unit Unit Price Amount
Site Work
Mobilization LS 1 $ 5 , 000.00 • $ 5, 000. 00
Rough Grading Road SY 51559 $ 1 . 70 $ 9 , 450.30
Fine Grading Road SY 51559 $ 1 . 90 $ 109562. 10
Rough. Grade Right of Way
SY . ,8,760 .$ 1 .25 S 10,950.00
Paving SY 5 , 327 $ 15. 00 $ 79, 905 . 00
Remove Existing Tumaround SY 2 $ 450, 00 $ MOO
Subtotal S 116, 767.40
Santa— ^``
B" PVG (0' - 6� LF 1 ,6394'd$$ 27, 420 . 47
8" PVC (6' - 8 ) LF 200 3, 922. 00
4' Dia Sanitary- Vlanhole (0' - 61 . EA. 5 10,278:20
4' Dia. .Sentta Manhole (8' - 81 EA '
Double Sanitary Service 8 2,256 .89
3, 099. 52
Single Sanitary .Service EA 3 842. 79
Tying LF 1 ,839 $ 1 . 93 S 3. 549.27
Subtotal $ 51 ,369. 14 r. ► , '
� 7J
Site Draina a �v ` Y ``
Remove Existing Plug EA 2 $ . 250. 00 $ 500. 00
Connect to Existing EA . 2 $ 250. 00 $ 500. 00
18" HDPE Drainage Pipe LF 2;300 $ 24. 92 $ 571316. 00
15" HDPE Drainage Pipe LF 400 $ 20. 00 $ 81000 . 00
18x15 N-12 HDPE Reducer EA 1 $ 250931 . 4 $ 250. 31
18" ADS PERM Split CPLG 1866AA EA 1 $ 41 . 18 $ 41 . 18
15 " ADS � PERM Split CPLG 156SAA EA 1 $ 34. 13 $ 34m13
Drainage Inlet T e C EA 7 $ 1 , 548. 39 $ 10, 838 . 73
Drainage Inlet .Type P EA 4 $ 1 , 602. 70 $ 61410 . 80
Control Structure Type J Manhole EA 2 $ 5 , 549. 50 $ 11 ,099 . 00
$ 94,990. 15
Knight, McGuire & Associates , Inc,
Consulting Engineers and planners
80 Royal Palm Points; Suite 401
David S'. > Vero Beach, Florida 32960
ght, P.E.
Scott B . McGuire, P .E. 'ivfi@lmdghtmcguire. com Phone 772-569 -5505
Fax 772.569- 1455
Certified Engineer's Cost F-stimate
Windsor Plat 25 May 30 , 2003
Description Unit
Wafer Unit Price Amount
Remove Usting 10" Plug EA
Connect to Existing 10" Service 1 $ 200. 00 $ 200. 00
Remove Existing 8" Plug 1 $ 220. 00 $ Z20 00
Connect to Existing 8" Service EA 1 $ . 200. 00 $
EA $ 200. 00
10" x 8" Reducer 220:00 $ 220. 00
8" .Gate Valve EA 1 $ 115.74 $
P 115 .74
8" DIEA 2 $ 788 .70 $ 1 , 577. 40
degree Bend LF 90 $ 18.23 $02 $ 1 ,621 . 80
Fire rant Assembly EA 2 $ 248. 496.46
8" -PVC Of
LF2 $ . 21668. 54 $ 51337. 08
8" x 6" Tee EA 2,240 $ 14.35 $ 32, 166.40
Single Service 2 $ 343.73
EA $ 687:46
Double Service 7 $ 343.73 • $ 2, 406. 1 '1
8" DIP EA 6 $ 600. 89 $ . 3 , 605.34
Ffmngs LF 4
0 $ 14.50 $ 580 . 00
Deflections LS 1 $ 31477.66 $
EA 2 $ 2, 570. 3,477.66
00 $
Sample Points . � EA EA
Testing EA 3 $ 245.00 $ 735.00
1 . $ 11500.00 $ 1500, 00
Subtotal $ 6 ,286.45
Drainage from Golf Course tom'
Conned to Existing 8" ADS
Vt ADS EA 1 $ 87. 80 $ 87. 80
Te into Main Drainage . LF 9 $ 9. 14 $
. EA 9. 14
Conduit $ 9,280. 00 $ 9,280.00 .
Sod LS 1 $ 10, 000. 00 $ 101000 . 00
Electric LS 1 $ 5, 000. 00 $ 5, 000.00
Contingencies LS 1 $ 10, 000. 00 $ 10, 000. 00
Engineering and Surveying $ 10 , 000. 00 $ 20, 000. 00
$ 7, 500. 00
Subtotal $ 61 , 876. 94
Total S 385, 290. 08
Bond Re uired
115%
S 443, 083.59
EXHIBIT " B "
Windsor Plat 25 P . D .
CASH DEPOSIT AND ESCROW AGREEMENT
THIS AGREEMENT is entered into this day of
, 2004 , by and between WINDSOR PROPERTIES , a Florida
general partnership ( Developer) , and INDIAN RIVER COUNTY, a political
subdivision of the State of Florida ( County) :
WITNESSETH ;
WHEREAS , Developer is effecting a subdivision of certain property
within Indian River County and is required to provide surety supporting a contract
and modification with the County for the construction of certain required
improvements related thereto ;
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 Four Hundred Forty-Three Thousand
Eighty-Three and 59/ 100 Dollars ( $443 , 083 . 59) , 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 for Construction of Required Improvements and
Modification ( Contract) .
2 . Upon completion of any distinct or separable phase or
improvement , or independent portion thereof, the Developer may obtain a
disbursement from the escrow account by making a written request to the Board of
County Commissioners of Indian River County through the County's Public Works
Director. The request shall specify the amount of disbursement desired and shall be
accompanied by a sealed certificate from Developer's engineer describing the work
completed , the actual cost thereof, the estimated cost of all remaining work which is
secured by the escrow account , and that the work for which disbursement is
requested has been completed in accordance with the most recent set of plans and
specifications approved and on file with the County .
3 . The amount of any given disbursement shall not exceed eighty
(80 % ) percent of the total cost of improvements certified as being completed under
the preceding paragraph ; i . e . , twenty (20 % ) percent of the cost of each phase ,
improvement , or portion thereof, shall be retained in the escrow account until the
final reduction , which shall occur only after issuance of a Certificate of Completion in
accordance with the County's Subdivision and Platting Ordinance .
4 . Notwithstanding the above disbursement limits , at no time shall the
escrow account balance be reduced below an amount equal to one hundred fifteen
( 115 % ) percent of the most recent approved cost estimate of the remaining required
improvements .
5 . Within seven (7 ) working days after receipt of a disbursement
request, the Public Works Director shall cause an inspection of the work for which
payment is sought . If the Public Works Director is satisfied in all respects with the
work , the accompanying cost estimates and certifications , the Public Works Director
shall notify in writing the County Office of Management and Budget. The Office of
Management and Budget shall make the disbursement as approved by the Public
Works Director directly to Developer.
6 . Upon default by developer under the Contract, 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 Contract. Said funds shall be
disbursed to the County upon receipt by the Office of Management and Budget of a
certified copy of a resolution of the Board of County Commissioners stating that
Developer has defaulted under the Contract and that said funds are necessary to
complete the required improvements . All funds disbursed to County in excess of the
final amount determined necessary by the County to complete the required
improvements shall be returned to Developer, its legal representatives , successors
or assigns .
7 . Any interest earned during the term of escrow, less administrative
expenses , shall be disbursed to Developers at close of escrow.
8 . 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 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 Developer or
contractor relating to the required subdivision improvements .
2
FAAttorney\Nancy\DOCS\PLAN\cash for K for construction Windsor 25 . doc
9 . This Agreement , together with the Contract and Modification , 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 .
WINDSOR PROPERTIES , a Florida
general partnership ( DEVELOPER)
By : TORWEST , INC . , a Florida
rp ation , General Partner
By :
Robert oo ey , Vi President
INDIAN RIVER COUNTY , FLORIDA
Caroline D . Ginn , Chairm
Board of County Commissioners
ATTEST : Jeffrey K . Barton , Clerk
By : In(L )ZBCC ratified : October 12 , 2004
Deput Clerk
Office Mana emen t
By: —
Jason7STO
Budget anager
APPROV FORM
AND LEGAL SUFFICI NCY:
By:
William G . Collins II
County Attorney
3
F : \Attorney\Nancy\DOCS\PLAN\cash for K for construction Windsor 25 . doc
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