HomeMy WebLinkAbout2011-078 0
1 �2- 711
PHASE 6DJ
CASH DEPOSIT AND ESCROW AGREEMENT
FOR
RESTORATION
RE : WILD TURKEY SAND MINE
SP -MA-07 -10 -34 ( 2004120019 -59695 )
THIS AGREEMENT is entered into this day of1'1 (�
20111 by and between Wild Turkey Estates of Vero , 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 is mining certain property within Indian
River County and is required to post bonds insuring compliance with the
requirements of the approved mining site plan ; Indian River County Code
Section 934 . 07 ; and restoration of the site .
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 Eighty-Three Thousand
Eight Hundred Sixty- Seven and 74/ 100 Dollars ( $ 83 , 867 . 74) , 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 of
Indian River County Code Chapter 934 with respect to site restoration .
2 . Upon completion of the restoration of each mine phase , the
Developer may obtain a disbursement from the escrow account by making a
written request to Indian River County' s Community Development Director . The
request shall specify the amount of disbursement , and shall be accompanied by
a sealed certificate from Developer' s engineer that the mine is in compliance and
has been restored in accordance with the most recent set of plans approved and
on file with the County .
3 . Within seven (7 ) working days after receipt of a disbursement
request , the Community Development Director shall cause an inspection of the
work for which payment is sought . If the Community Development Director is
satisfied in all respects with the condition of the site and certifications , the
1
3-22: 1
PHASE I
CASH DEPOSIT AND ESCROW AGREEMENT
FOR
RESTORATION
RE : WILD TURKEY SAND MINE
SP - MA-07 - 10 -34 ( 2004120019 -59695 )
THIS AGREEMENT is entered into this day of
20111 by and between Wild Turkey Estates of Vero , 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 is mining certain property within Indian
River County and is required to post bonds insuring compliance with the
requirements of the approved mining site plan ; Indian River County Code
Section 934 . 07 ; and restoration of the site .
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 Eighty -Three Thousand
Eight Hundred Sixty - Seven and 74/ 100 Dollars ( $ 83 , 867 . 74 ) , 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 of
Indian River County Code Chapter 934 with respect to site restoration .
2 . Upon completion of the restoration of each mine phase , the
Developer may obtain a disbursement from the escrow account by making a
written request to Indian River County ' s Community Development Director . The
request shall specify the amount of disbursement , and shall be accompanied by
a sealed certificate from Developer' s engineer that the mine is in compliance and
has been restored in accordance with the most recent set of plans approved and
on file with the County .
3 . Within seven (7 ) working days after receipt of a disbursement
request , the Community Development Director shall cause an inspection of the
work for which payment is sought . If the Community Development Director is
satisfied in all respects with the condition of the site and certifications , the
1
a
Community Development Director shall deliver written notice to disburse to the
County Office of Management and Budget . Upon receipt of the notice to
disburse , the Office of Management and Budget shall make the disbursement
described therein directly to Developer , at the address specified in the request
for disbursement .
4 . Upon failure to comply with all the requirements of the site plan
approval , including but not limited to unapproved off- site discharge of water ,
failure to confine hauling to approved hauling routes , operating in violation of the
safety/security plan , excavating within required setbacks , mining of additional
phases prior to restoration of the previous phase , and activity not consistent with
permits issued by other jurisdictional agencies ; or if Developer fails to perform all
or any part of the obligations of restoration and reclamation , including , but not
limited to mine abandonment prior to restoration , restoration not completed
within the approved time frame , restoration not consistent with Chapter 934 of
the Indian River County Code , and restoration activity not consistent with permits
issued by other jurisdictional agencies , the County may utilize escrowed funds to
achieve compliance or restoration . All funds remaining in the escrow account at
the time default is declared by the County shall be available for use by the
County . 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 failed to comply with Indian
River County Code Chapter 934 site plan or restoration conditions of the mining
approval , and that said funds are necessary to achieve compliance . All funds
disbursed to County in excess of the final amount determined necessary by the
County shall be returned to Developer , its legal representatives , successors or
assigns , at the completion of site restoration .
5 . Any interest earned during the term of escrow , less
administrative expenses , shall be disbursed to Developer at close of escrow
unless necessary for County to utilize in cure of developer' s default .
6 . 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 to Developer 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 relating to the
approved mining site .
7 . Alternate security , in the form of performance bonds or letters
of credit , may be substituted with the approval of the County Attorney .
8 . This Agreement 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
2
a
Community Development Director shall deliver written notice to disburse to the
County Office of Management and Budget . Upon receipt of the notice to
disburse , the Office of Management and Budget shall make the disbursement
described therein directly to Developer , at the address specified in the request
for disbursement .
4 . Upon failure to comply with all the requirements of the site plan
approval , including but not limited to unapproved off- site discharge of water ,
failure to confine hauling to approved hauling routes , operating in violation of the
safety/security plan , excavating within required setbacks , mining of additional
phases prior to restoration of the previous phase , and activity not consistent with
permits issued by other jurisdictional agencies ; or if Developer fails to perform all
or any part of the obligations of restoration and reclamation , including , but not
limited to mine abandonment prior to restoration , restoration not completed
within the approved time frame , restoration not consistent with Chapter 934 of
the Indian River County Code , and restoration activity not consistent with permits
issued by other jurisdictional agencies , the County may utilize escrowed funds to
achieve compliance or restoration . All funds remaining in the escrow account at
the time default is declared by the County shall be available for use by the
County . 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 failed to comply with Indian
River County Code Chapter 934 site plan or restoration conditions of the mining
approval , and that said funds are necessary to achieve compliance . All funds
disbursed to County in excess of the final amount determined necessary by the
County shall be returned to Developer , its legal representatives , successors or
assigns , at the completion of site restoration .
5 . Any interest earned during the term of escrow , less
administrative expenses , shall be disbursed to Developer at close of escrow
unless necessary for County to utilize in cure of developer' s default .
6 . 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 to Developer 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 relating to the
approved mining site .
7 . Alternate security , in the form of performance bonds or letters
of credit , may be substituted with the approval of the County Attorney .
8 . This Agreement 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
2
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 effective date of this Agreement shall be the date of approval by
the Board of County Commissioners .
Signed in the presence of: WILD TURKEY ESTATES OF VERO ,
L . L . C . . a Florida limited liability
company
/ r
sign name.,-
print
t�
print name ./7-,� „. . ; � ,T �; By GRAND. EGACY , L . P . Florida
Lir ited Liability Pa ner i.P
F
sign name : L.1 - iii .1) i Ii U . ` ' By . , C%'
print name : TL4 1I id' l_l' Dr . Duane Pankr .tz
Date : - l 1 By :
J . Scott Sanders
BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER
COUNTY , FLORIDA
apo � • /(-� ..
By : off :.
Bob Solari , Chairman
J
II -
a =
ATTEST - e ey K . Ba o Clerk BCC approved : 03 - 22 - 11
5UNPY „N
qa, •1 {111 OII J11 \11
( SEAL )
Deputy Cl rk
OFFIC F MANAG T APPROVED AS TO FORM AND
AND BUD ET LEGAL SUFFICIE Y :
B y : By :
Jaswn Melissa P . Anderson
OM Dire for Assistant County Attorney
3
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 effective date of this Agreement shall be the date of approval by
the Board of County Commissioners .
Signed in the presence of: WILD TURKEY ESTATES OF VERO ,
L . L . C . . a Florida limited liability
company
/ r
sign name.,-
print
t�
print name ./7-,� „. . ; � ,T �; By GRAND. EGACY , L . P . Florida
Lir ited Liability Pa ner i.P
F
sign name : L.1 - iii .1) i Ii U . ` ' By . , C%'
print name : TL4 1I id' l_l' Dr . Duane Pankr .tz
Date : - l 1 By :
J . Scott Sanders
BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER
COUNTY , FLORIDA
apo � • /(-� ..
By : off :.
Bob Solari , Chairman
J
II -
a =
ATTEST - e ey K . Ba o Clerk BCC approved : 03 - 22 - 11
5UNPY „N
qa, •1 {111 OII J11 \11
( SEAL )
Deputy Cl rk
OFFIC F MANAG T APPROVED AS TO FORM AND
AND BUD ET LEGAL SUFFICIE Y :
B y : By :
Jaswn Melissa P . Anderson
OM Dire for Assistant County Attorney
3
DUANE PANKRATZ, D .V. M . MS . 78-228/914 7089
44130 - 279TH ST. PH . 605-925-7611
FREEMAN , SD 57029
W DATE
PAY TO THE
F ORDER OF v ` rV• ✓ O � g� 7 .LQ ,
0
P f ��ct cz cert J � � K 60 DOLLARS 6Zlw'"
C'orTrustBank NA
P. O. Box H
w 174 East 4th Street
Freeman, D 57029
MEN40 IM
X0009 140 2 280sa490000633110 0 708 9
n
DUANE PANKRATZ, D .V. M . MS . 78-228/914 7089
44130 - 279TH ST. PH . 605-925-7611
FREEMAN , SD 57029
W DATE
PAY TO THE
F ORDER OF v ` rV• ✓ O � g� 7 .LQ ,
0
P f ��ct cz cert J � � K 60 DOLLARS 6Zlw'"
C'orTrustBank NA
P. O. Box H
w 174 East 4th Street
Freeman, D 57029
MEN40 IM
X0009 140 2 280sa490000633110 0 708 9
n
3-22: 1
PHASE I
CASH DEPOSIT AND ESCROW AGREEMENT
FOR
RESTORATION
RE : WILD TURKEY SAND MINE
SP - MA-07 - 10 -34 ( 2004120019 -59695 )
THIS AGREEMENT is entered into this day of
20111 by and between Wild Turkey Estates of Vero , 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 is mining certain property within Indian
River County and is required to post bonds insuring compliance with the
requirements of the approved mining site plan ; Indian River County Code
Section 934 . 07 ; and restoration of the site .
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 Eighty -Three Thousand
Eight Hundred Sixty - Seven and 74/ 100 Dollars ( $ 83 , 867 . 74 ) , 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 of
Indian River County Code Chapter 934 with respect to site restoration .
2 . Upon completion of the restoration of each mine phase , the
Developer may obtain a disbursement from the escrow account by making a
written request to Indian River County ' s Community Development Director . The
request shall specify the amount of disbursement , and shall be accompanied by
a sealed certificate from Developer' s engineer that the mine is in compliance and
has been restored in accordance with the most recent set of plans approved and
on file with the County .
3 . Within seven (7 ) working days after receipt of a disbursement
request , the Community Development Director shall cause an inspection of the
work for which payment is sought . If the Community Development Director is
satisfied in all respects with the condition of the site and certifications , the
1