The URL can be used to link to this page

Home My WebLink About2012-088 05Y0 I /1 a-. CASH DEPOSIT AND ESCROW AGf EE TENT ( SM &l1 -10 -14 12001080027 -67135) CERTIFICATION ON LASLI PAGE da 3 . I< , BARTON , CLERK o2D12 '08 S THIS AGREEMENT is entered into this 2nd y of May 2012 , by and between Indian River County Recyclers , LLC , a Florida limited liability company ( Developer) , and Indian River County , a political subdivision of the State of Florida ( County) : WITNESSETH : WHEREAS , Developer made application to County for a special exception use for a demolition debris facility , and on December 20 , 2011 the Board of County Commissioners approved the special exception use application with certain conditions ; and WHEREAS , one of the conditions prior to site plan release is the posting by Developer of financial security to guaranty that at the termination of operations of the demolition debris facility , all construction and demolition debris materials " C, & D Materials " ) stockpiled on site are properly removed and disposed of; 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 . As an inducement for County to release the site plan , Developer has heretofore tendered Twelve Thousand Five Hundred and No/ 100 Dollars ( $ 12 , 500 . 00 ) to the County Office of Management and Budget , the receipt whereof is hereby acknowledged , which sum shall be held in escrow subject to the terms , conditions and covenants of this escrow agreement as assurance that Developer shall perform in all respects the obligations set forth herein . 2 . Within ninety ( 90) days after termination of its operations Developer shall restore the property by properly removing and disposing of all C & D Materials stockpiled on site . 3 . Upon completion of its obligations set forth in paragraph 2 , Developer may make a written request to County through County' s Utilities Director for disbursement from the escrow account . Within seven (7 ) working days after receipt of a disbursement request , if after an inspection it is determined that all stockpiled C & D Materials were properly disposed of , the Utilities Director shall notify in writing the Countyshallce of make the disbursement ament s app approved by thBudget . The e ffice of Management and Budget Utilities Director directly to Developer . 4 . If an inspection reveals that Developer did not properly remove and dispose of all stockpiled C & D Materials , the County may elect to pursue all remedies at law or in equity . Without limitation , all funds remaining in the escrow account ( including interest) shall be available for use by the County for the proper removal and disposal of all stockpiled C & D Materials . Said funds shall be disbursed to the County upon receipt by the Office of Management and Budget of a certified copy of a reedol ution of nder this the CashBoard D post and Escrowcommissioners Agreementstating d that Developer has default A TRUE COPY Ir ATION ON LAST PA said funds are necessary to properly remove and dispose of all stockpiledr0 �, CLFPiK Materials , All funds disbursed to County in excess of the final amount dei i ti&@D necessary by the County to properly remove and dispose of the stockpiled Materials , shall be returned to Developer , its legal representatives , successors or assigns . If the escrowed funds are insufficient to pay the total cost and expense of removal and disposal of the C & D Materials , Developerthelltota cost and expense n demand , pay to the County such additional amount as is necessary to pay of removal and disposal . rm of 5 . Subject to paragraph I be disbursed to Devetloper ag close 4 , any interest earnedurinthe eof escrow .row , less administrative expenses , shall 6 . The $ 12 , 500 . 00 held in escrow hereunder exist solely for the protection , use and benefit of the County and shall not be construed or intended in any y , expressly or impliedly , to benefit or secure payment to any contractor , suubsntractlabor , laborer , materialman , architect , engineer , attorney or otherwhileasuch funds dsr material , supplies , or services , or to benefit any party , subject to this escrow . The County shall not be liable to any of the aforementioned parties for claims against the Developer or contractor relating to the removal and/ or disposal of stockpiled C & D Materials associated Fed with the demolition debris facility located at 1350 74 h Avenue SW , Vero , dan 7 . This Cash Deposit and Escrow Agreement is he f full and comlete te understanding of the parties and shall not be construed or p by reference any prior agreement , discussion , or understanding , except as specifically mentioned herein . The escrowed funds shall not be assigned without the express written approval ofthe County . Any d inntl writing , and andmexdecuteldn , byxtauthorized revision he or hereto shall be representatives of each party . IN WITNESS WHEREOF , the Developer hereby agrees to the above terms of escrow for its $ 12 , 500 . 00 cash deposit . INDIAN RIVER COUNTY RECYCLERS , LLC . , a FI ' da limited liability comp ny By : � eatrice b rtor , �fJlanagi mber DE LOPER ATTEST : J . K . Barton , Clerk INDIAN RIVER COUNTY �) By : Cc� By : heeler , Chairman Deputy Clerk •a ° ° °° ° COUNTY �J0 SS/ Approv of ice of Manag t and Budget . �" 4Z) By . roved : May 1 , 2012 By . J)1as . Brow , OMB Director • ' Qa° Appto rm and legal ufficiency eo olac r . � ER Cttorney 2 63-215-631 1064f IRC RECYCLERS LLC pE310111"I RNA 4901 BETHEL CREEK DR , APT. F Ih VERO BEACH , FL 32963 9ATE ORDER T E � (d �t n tV � - � � 00 41 DOLLARS �i J g 000 'I UST / ACH FIT 061000104 /o MEMO C _ ------ i . 1 : 063 10 2 15 2 1000 1304E 2044iI 1064 --- I t CIF Fj C) RIDA IlL ; ( [ asLE I? Ccaur{ TY w.•,�J��y • • • . �Ss�O 1. TP { ;al � -0 C ' ;A ;-, .MUEAND CORRECT COPY OF • V . F . * : 9N:s : HEi OPIGI NAL ON FILE IN THIS � � lltFICE ��rrwrr •, * JF REY K . CjAlfiT N , CLERK : y: v I.31 D . c . �a;o!.9oQ. • 2 I] ATE . s� �. I COUNr��""" waa aayx� •u