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HomeMy WebLinkAbout2012-112 11= 1 ✓ A10N 01tIAT PAGOI ( 41 ! ;k ASSIGNMENT AND ASSUMP"Wf6P ' Ef1K go g . ( i) WARRANTY AND GUARANTY AGREEMENT , AND BILL OF SALE FOR REQUIRED IMPROVEMENTS NO . PD -04-07- 12 -W& G WHEREAS, on September 22 , 2011 , ATLAS FL I SPE, LLC, a North Carolina limited liability company, entered into Warranty and Guaranty Agreement, and Bill of Sale for Required Improvements No . PD-04- 07 - 12 - W&G, copy attached, in connection with property platted as Quail Creek PD ; and WHEREAS , ATLAS FL I SPE, LLC wishes to transfer and assign its interest in the property to Quail Creek of Vero , Inc . and Quail Creek of Vero , Inc wishes to assume the obligations under said Warranty and Guaranty Agreement, and Bill of Sale for Required Improvements, said warranty period being from September 30, 2011 to September 30 , 2012 ; and NOW, THEREFORE, the parties agree to the assignment of Warranty and Guaranty Agreement, and Bill of Sale for Required Improvements No . PD-04-07- 12- W&G provided, however, that a letter of credit acceptable to the County Attorney in the amount of $ 192, 512 . 93 to secure said warranty remain in place for an additional 90 days beyond the warranty period (until December 30 , 2012 ) . ASSIGNOR : ASSIGNEE: ATLAS FL I SPE , LLC, a North Carolina limited liability company B ' _ c B 064 Up No Printed name : UOMMISS�O,, Printed Name : w ,y Q i ov wE ( � Title : ` o%N\ i.% Title : Pros %a & D'..,.�.i \ CWVWL cc v6U�� . may A-CKNOWLEDGEMENT TO oQ iSSIGNMENT �q , am * I� •' fir' ✓19a a4me s % lose t �of a INDIAN RIVER COUNTY, FLORIDA ° Hu ,,,, ,, ,, ,, till ,, , BCC approved : June 19 , 2012 By : A411tt dmore Gary C . )Wheeler, Chairman Attest: Jeffrey K. Barton Clerk of Court APPROVED AS TO FORM; � AI`I ®. Et AL IJIw t By : ' za , .:. ; d3 ..� . f ' Deputy Clerk BY ' ' , A `,NlLLtrall-I . DESRAAL DEPUTY COUNTY ATTORNEY WHEREAS, on September 22, 2011 , ATLAS FL I SPE, LLC, a Nortk a,rolina limited liability company, entered into Warranty and Guaranty Agreement, and V ION f? r4 I_ AST PAGE for Required Tmprovements No. PD-0447- 12- W&G , copy attached, in conne�f property platted as Quail Creek PD; and WHEREAS, ATLAS FL I SPE, LLC wishes to transfer and assign its interest in the property to Quail Creek of Vero , Inc , , and. Quail Grgek of Yero , Inc . _. wishes to assume the obligations under said Warranty and Guaranty Agreement, and Bill of We for Required Improvements, said warranty period being from September 30, 2011 to September 30, 2012; and NOW, THEREFORE, the parties agree to the assignment of Warranty and Guaranty Agreement, and Bill of Sale for Required Improvements No. ?DwO4-0742- W&G provided, however, that a letter of credit acceptable to the County Attorney in the amount of $ 1927512.93 to secure said warranty remain in plane for an additional 90 days beyond the warranty period (untilDecember 30, 2012). ASSIGNOR* ASSIGNEE: ATLAS FL I SPE, LLC, a North Carolina limited liability e6mpany 1 �/ � / L /f By: f Printed name. ) o Ll ► ;; � � '� � ii�;.ay z�— Printed Name: � �.. � � , Lvt l Title: �d 1 Title: c, ,L ct- wc+ y -ILAC, ACKNOWLEDGEMENT TO ASSIGNMENT INDIAN RIVER COUNTY, FLORIDA BCC approved: By: -- Gary C . Wheeler, Chairman Attest: Jeffrey K, Barton Clerk of Court APPROVED AS TO FORM ANDEGAI OF By; { Deputy Clerk �Y WIL 1C. OEA AAL DEPUTY COUNTY ATTORNEY A TRUE COPY CERTIFICATION ON J , K , 8Aft T 0 N (; C � F; K WARRANTY AND GUARANTY AGREEMENT AND BILL OF SALE FOR REQUIRED IMPROVEMENTS CONTRACT NO , PD-04-07 =12-W&G WHEREAS, the undersigned Developer wishes to obtain a Certificate of Completion for a project known as Quail Creek PD , pursuarnt to the Indian River County Subdivision land 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 evidencod in the various drawings and plans supporting the issuance of the Land Development Permit or site plan , as applicable, together with the as built plans, test results_, and certificate of completion of the Developer's engineer; and WHEREAS , Deveioper desires to transfer all its right; title and interest to the County of all eicsting warranties and Developers agreement to cause to be repaired defects in workmanship and materials in private and public road and drainage impmveMonts, as requiredby ordinance, and as stated herein below. WITNESSETH : That for and in consideration of the sum of ONE DOLLAR ($ 1 ..00) and ether 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 in'lprovements in said project have, been constr.ucted 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 other-wise become deflective during a period -of one year from the date of- Certificate of Completion of said required. ii°nprovem ns (igeptember 30, 2Q11 to September 30 , 2012) , 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 APPROVED AS TO FORM ANC) LEGAL SU!M—IENCY WILLiAM Ke QEQRAAL aEPUNcourrnrATToRNEY CE [; TlI G A I J . K . iiAMO 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 ettomey"s fees and costs of litigation , including any appeals ; and 4 . Developer hereby gives permission to County, County's contractors and subcontractors to go on litt prop ei#y for purposes of inspection , repair and remediation of the roadway and drainage improvements during the warranty period . If the property is sold by Developer, Developer acknowledges that the granting of this permission will be preserved and recited in any document transferring title to Developer's successor andtor :assign& b . 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 surety bond issued by . a company licensed to% do business in. the State of Florida with an A. M. Best rating of no less than X V.1 in the event :Developer has not undertaken the repairs contemplated by this Agreement folloWng 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 ex-c6 ed howeveer, the appCeaf le }emits of the security. 6 : Grant and convey .unto Indian fiver County all its right, title and interest in and to all public improvernepts, Ong within the areas dedicated to the County, and Developer hereby warrants to the County that it has free and unencumbered title theretq , that all pemons 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 WH EOE , Developer has hereunto set its hand and seal day of � •e , , 2011. . ATLAS FL I SPI~, LLC, a North Carolina Limited liability company Developer Signed in the presence of: By: i Charlie Mel, Vice President sign : print. name: _ sign : , Ez print na TRISH LEY 2 `, iiif.Jrl, � r• i, PIT ! FICIAlai f1r NATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this c2 day of 2011 , by Gharl a Ole] , the Vice President of ATLAS FL l SPE, LLC , a NN Carolina limited liability company, on behalf of said entity. He is either personal! . know o me or has produced ,as identification_ NOTARY PUBLIC 1*Z4 Prin d name : (SEAL) Commission No . : Commission Expiration : KATKM • ft ► �a Mf► Comm. E rw It ft ��13 0 EE 3 r1 ' 0 ONO 11 IN I �.s.. ..._.`..r.'� .'Y �Mm s • • . u • r �® Ilii 11 . i 111 11 19, , : sr ' • it < �� lii It -. . 111 11 �� 1 11 � , : • 11 11 , 10 �ffpzm WTI 9 1 �� ', it • 1 11 • MA firer . sr • - �� • !- ! 11 11 11 r SEE ure 1 , a . r •• 1 • ° ��il ! • iii , • . ©��� 11 '. ill 11 : • . MIND tilt 11 11 , Ilk Li 1 / tTt M.01MITRoM x� u . • � ® !e l lt 11 • Ili i i t ' immWsjn t l ITt r,llIkk f 4 ld Im It - • 11 t ' 1 If P ' STATE OF FLORIDA INDIAN RIVER COUNTY `® THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS E= IT A OFFICE JEFF EY K . BATON , CLERK BY '= � w D . C . Project: 09-1.66 QoaO CreekrilSubdivision Description. Cost Estimate for the 1 Year 25% Maintenance Date Prepared. Angu ITEM . - - UANTITYI UNIT I UNIT PRICE TOTS `lG � S/U�LF M N115 E & $3or Drainage �=J . • . • 'p(P 351 LF $39:00 $ 13,G$9.00 < O : �1 1 . Y8 RCPIto 1M11W) k 2 14"W7143 I F $50 00 $ 1 150.00 e V 3. 5totm Manhole . 1 EA $1. 500.00 $1500.00 s * : 4T G Inlet11l 2 EA $2,000.00 $4,000.00 . .: $800.00 ' 5. Fx► T C 1 ]nlet Mociifipti�n 1?S 1 EA $800 x0 ;Q ,•` Milli Milli 11 Milli Cc $pBtjWitltl tltl 4tl tlYM 11 • YYY 1. I" T , S halt Rt3adw 4,019 SY Will �0 095.00 2. 1 U2" T &-1 alt -.. 4 019 SY $ 50 $26,123:50 3. 8" C : ' a.Rock 278 S $9.40 S712$1120 8 .4. 12" Stabilized Sub e 8,818 SY $b 00 _ . . S32 908. 00 3. 1 " I e Sw3 halt Shoulder 1,51? SY $ AEi .. . .. . 7 (4.00 L;71'0 Sof S7,OU $1191 00 G: 6 Ulna IZocic Shoulder $8; 20.00 7. S" StahilizecdSvb _ Sliautder 2053 Sl' $ 10 .00 . 8. Sod TO SY $1 00. . 9 $25 000 011 `,,I %J10I>Ii11II1i104A. rr s No . 5 1 ? R _ 11 FL PES 55313 D Page 2 Q, ?,,f li