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Home My WebLink About2011-103A PHASE I A TRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK AMENDMENTTO CASH DEPOSIT AND ESCROW AGREEMENT C�5O3 FOR RESTORATION 2611 - 103 . A . RE : WILD TURKEY SAND MINE SP -MA-07 -10 -34 ( 2004120019 -59695 ) THIS AMENDMENT is entered into this 4th day of May 2011 , 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 , on March 22 , 2011 Developer and County entered into a Cash Deposit and Escrow Agreement for Restoration of Phase 1 of the Wild Turkey Sand Mine and the Developer posted $ 83 , 867 . 74 cash in accordance with its engineer' s certified cost estimate ; and WHEREAS , a portion of the $ 83 , 867 . 74 posted security represents restoration of the Sebastian River Improvement District canal right- of-way ; and WHEREAS , Developer was also required to post security with Sebastian River Improvement District for restoration of ,the canal right-of-way ; and WHEREAS , a portion of the restoration security posted with County can be returned to Developer as it represents the restoration of the same canal right-of-way work which Sebastian River Improvement District is holding ; and WHEREAS , Developer' s engineer has submitted to the County the attached revised certified cost estimate which eliminates the duplicative canal right-of-way restoration work , NOW , THEREFORE , the Phase I Cash Deposit and Escrow Agreement For Restoration regarding Wild Turkey Sand Mine SP - MA- 07 - 10 - 34 -- -- (210041200=11-9 - 59695)—is--a m ended -As follows : 1 . . 1 . The Developer' s engineer' s revised certified cost estimate in the amount of $ 67 , 710 . 90 to restore Phase I of the Wild Turkey Sand Mine is sufficient and does not include any amounts for restoration of the Sebastian River Improvement District canal right- of-way . 2 . County will refund Developer the sum of Sixteen Thousand One Hundred Fifty- Six and 84/ 100 Dollars ( $ 16 , 156 . 84 ) which amount represents the restoration amount of the canal right-of-way ; and OR � L: TJ u /D 6 � I A TRUE COPy CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK 3 . Developer has Sixty- Seven Thousand Seven Hundred Ten and 90/ 100 Dollars ($ 67 , 710 . 90 ) remaining in escrow with County for restoration of Phase 1 of Wild Turkey Sand Mine , which sum will continue to be held in escrow by County , subject to the terms , conditions and covenants of this Amended Cash Deposit and 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 . 4 . All other terms and conditions set out in the Phase I Cash Deposit and Escrow Agreement For Restoration regarding Wild Turkey Sand Mine SP - MA- 07 - 10- 34 ( 2004120019 - 59695 ) remain in full force and effect . 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 - � Ozx company sign name : � th, - print name : ' Sa, K.d ra- LBy Grited 'LEGACY, L . . , a Flog' a\ LiLiability P to hi _.0 sign name : _ / B _ r � print name : ' .Duane Pankratz Date : Jam- 4 By : J . Scott Sanders BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVEg.. tSsloN - COUNTY, FLORIDA °•aa• o • • • ' ° " ° " r�� 11 ° -. a Q ; U • � [] : By . :243:�� Bob Solari, Chairman - - - - - ZI °° SAN R (VE4 - ATTE J ffrey . Ba in , Clerk BCC approved : May 3 , 2 01 1 ( SEAL ) Deputy Clerk OFFICE OF MANAG ME T APPROVED AS TO FORM AND AND B ET LEGAL /SU'F,F�ICIENCS��, Jaso E . own Alan S . Polack r. OMB ire for CountFAttorney 2 ATRUECOPY CERTIFICATION ON LAST PAGE . JX BARTON , CLERK Restoration Bond / Cost Estimate Wild Turley — Phase I The IRC mining permit is re- issued every year . It is anticipated that the restoration bond will be re - evaluated each year based on what is scheduled to be completed in the next year . 1 . Each successive phase cannot commence until the previous phase is restored . Therefore , grading, stabilization and drainage are included for Phase 1 ( approx . 30 ac ) . 2 . The landscape requirements ( perimeter lake trees ) for Phase I ( approx . 86 trees ) . 3 . The haul route and swale servicing Phase 1 ( 3 , 000 LF +/- ) . Assume approximately % of the 22 ' wide green area and 20 ' haul route will need to be restored . This will be used to access the constructed - restored water body . 4 . Seed / mulch and minor grading of stockpile area ( assume Y2 +1- of 15 ac area ) S . The following are not included in the restoration bond : a . Perimeter buffer/ berms : Condition no . 2 of the IRC site plan approval requires the construction of the berms/ buffer, and acceptance by IRC prior to any exporting of material . Therefore , the assumption is that this will be completed prior to significant mining activities that would require restoration . b . Mitigation planting : SJR mitigation plantings are not required until phase 3 is completed . _ This cost will be added at a future date , at pre - issuance of annual mining permit . c . Re -excavating SRID canal C- 11 ( east 1400 LF ) and seed - mulch disturbed areas is not included in this restoration bond as it was included in a separate restoration bond provided to SRID . 6 . Phase I does not include any littoral areas . J :\07-018 Wild Turkey Estates\ Documents\Reports\04- 25- 11 Revised Restoration Bond . docx y v Restoration Bond Cost Estimate 1 Incomplete Phase (30 ac . +/- - 12 ac Green / 18 ac . Lake) Grading 12 AC $ 1 , 000 . 00 $ 12 , 000 . 00 Seed /Mulch 12 AC $ 1 , 307 . 00 $ 15 , 684 . 00 Drainage 1 LS $4 , 500 . 00 $4 , 500 . 00 2 Landscape - Upland Trees at lake perimeter Upland Canopy Trees - ( 5 ft tall ) 86 EA $55 . 00 $4 , 730 . 00 3 Haul Route Grade Road 3305 SY $0 . 50 $ 11652 . 50 Grade Swale 3636 SY $0 . 50 $ 1 , 818 . 00 Seed / Mulch 3636 SY $0 . 27 $981 . 72 4 Stock Pile Minor Grading 1 LS $ 3 , 000 . 00 $ 3 , 000 . 00 Seed /Mulch 7 . 5 AC $ 1 , 307 . 00 $9 , 802 . 50 Total : $54 , 168 . 72 r Bond Amount . •125% _ $67 , 710 . 90 . 47� Signature r '. Date . , Jos eph 'W . . S : huliCe ,: P E . , Jr Reg . No . 06, B1 °ppgtl'14tluu •Yn .•° pOMMISs°" STATE OF FLORIDA �•°� . , . • .' is `: INDIAN RIVER COUNTY .' THIS IS TO CERTIFY THAT THIS IS :e•�O� ATRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS ' s OFFICE s _ - . . . - F YK . B ON , L •. ✓�•. Sr ; B D . C . :••oqy • 00 . DATE •••V`A.�R .COV�"`•• Page 2 of 2