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Home My WebLink About2006-173 ! ►� -7/0 � a ' RESOLUTION NO. 2006- 173 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING TO THE COUNTY ADMINISTRATOR OR DESIGNEE THE AUTHORITY TO EXECUTE MODIFICATIONS TO CONTRACTS FOR CONSTRUCTION OF REQUIRED SIDEWALK IMPROVEMENTS AND ACCOMPANYING CASH DEPOSIT AND ESCROW AGREEMENTS, IF APPLICABLE, UNDER SECTION 913.09(5)b FOR SUBDIVISION IMPROVEMENTS. WHEREAS, when properties are platted, the developer cannot receive a Certificate of Completion for the project until all the required improvements are installed, with the exception of sidewalks and final lifts of asphalt; and WHEREAS, pursuant to section 913.09(5)b of The Code of Indian River County, developers required to construct sidewalk segments along thoroughfare plan roadways may delay construction of required sidewalk segment(s) for a period of two years beyond the final plat approval date of the corresponding subdivision development with the ability to extend the contract for construction and posted security for an additional two years upon approval of both the Public Works Director and the Community Development Director. Developers required to construct sidewalk segments along local roadways may delay construction of required sidewalk segment(s) for a period of two years beyond the final plat approval date of the corresponding subdivision development with the ability to extend the contract for construction and posted security at a rate of two years for every eight project lots which received final r RESOLUTION NO. 2006- 173 plat approval upon approval of both the Public Works Director and the Community Development Director, however at no time can the contract for construction be extended beyond ten years following final plat approval for the corresponding subdivision project; and WHEREAS, in addition to two-year extension requests, oftentimes the developers simultaneously request an extension request; substitute security and/or reduce the amount of necessary security due to a portion of the sidewalks being constructed and inspected; and WHEREAS, it is in the best interests of the County and the public to be able to provide the standard forms of modification and, when applicable, cash deposit and escrow agreements in an expeditious manner; and WHEREAS, the execution of these standard forms of modification is administrative in nature and does not require the attention of the Board; and WHEREAS, Section 101.05.1.q of The Code of Indian River County allows the Board to authorize the County Administrator, or his designee, to perform other duties on behalf of the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: The above recitals are affirmed, and the County Administrator or designee is hereby delegated authority to execute standard Modifications to Contracts for Construction of Required Sidewalk Improvements so long as the approval signatures of the Community Development Director or designee and Public Works Director or designee appear on the document. Additionally, when a substitution of security in the form of cash has been requested, the County Administrator or designee is hereby 2 FAAttorney\Nancy\DOCS\RES\Reso autho admin re sidewalk extension mod ks.doc RESOLUTION NO. 2006- 173 delegated authority to execute the accompanying standard Cash Deposit and Escrow Agreement so long as the document bears approval signatures of the County Attorney or designee and the Budget Director or designee. The resolution was moved for adoption by Commissioner Lowther and the motion was seconded by Commissioner Davis , and, upon being put to a vote, the vote was as follows: Arthur R. Neuberger, Chairman Aye Gary C. Wheeler, Vice Chairman Aye Wesley S. Davis Aye Thomas S. Lowther Aye Sandra L. Bowden Aye The Chairman thereupon declared the resolution duly passed and adopted this 7th day of November , 2006. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COTY, FLORIDA B _ Arthur R. Neub Erg , ;zChairm n ATTEST: Jeffrey K. Barton Clerk of Court Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY ev L-411L d-d ""', WILLIAM Q.COLLINS 11 COUNTY ATTORNSY 3 FA\Attorney\Nancy\DOCS\RES\Reso autho admin re sidewalk extension mod ks.doc MODIFICATION TO CONTRACT FOR CONSTRUCTION OF REQUIRED SIDEWALK IMPROVEMENTS NO. ( ) THIS MODIFICATION, made and entered into this day of 200_, by and between , 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 Sidewalk Improvements No. ( ) guaranteeing the completion of certain required sidewalk improvements on or before and posted as security to guarantee completion; and WHEREAS, a portion of sidewalk improvements has been completed; and WHEREAS, the developer has ( ) requested an additional two-year extension to to complete the remaining required sidewalk improvements, as allowed by code; ( ) requested a substitution of security ( ) requested a reduction in the amount of security necessary to complete the remaining sidewalks; and ( ) provided an updated certified cost estimate attached as Exhibit "A"; NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES HEREIN CONTAINED, the parties agree as follows: _ The date for completion of the required sidewalk improvements as outlined in the Contract for Construction of Required Sidewalk Improvements No. ( ) is extended to The $ [cash or irrevocable letter of credit] on deposit for sidewalks is to be reduced [increased] to $ which amount represents 125% of the remaining sidewalk improvements to be completed as evidenced by developer's engineer's certified cost estimate as approved by County engineering, attached as Exhibit "A"; [and the letter of credit guarantying the completion is to be extended 90 days beyond the newly extended date]. _ The substitution of security in the form of [cash or an irrevocable letter of credit] in the amount of $ is acceptable [and the irrevocable letter of credit expiration date is to extend 90 days beyond the newly extended date]. _ All other terms set out in the Contract for Construction of Required Sidewalk Improvements No. ( ) 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. Signed in the presence of: DEVELOPER Sign: Print: By: Sign: Print: INDIAN RIVER COUNTY, FLORIDA by and through its Board of County Commissioners By: Chairman ATTEST: J. K. Barton, Clerk of Court By: Deputy Clerk 2 F:\Attorney\Nancy\DOCS\PLAN\MODIFICATION TO side K standard form.doc CASH DEPOSIT AND ESCROW AGREEMENT THIS AGREEMENT is entered into this day of , 200_, by and between (Developer), and INDIAN RIVER COUNTY, a political subdivision of the State of Florida (COUNTY): WITNESSETH : WHEREAS, Developer is effecting development of land within Indian River County and is required to provide surety supporting a modification to a contract with the County for the construction of certain required sidewalk 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 ($ ), 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 Sidewalk Improvements, as modified, which agreement and modification(s) are attached hereto and incorporated herein by reference (Contract). 2. Upon completion, 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, and that the work for which disbursement is requested has been completed in accordance with County policies for sidewalk construction as those policies relate to location, method, and type of construction. 3. Disbursement shall occur only after issuance of a Certificate of Completion in accordance with the Indian River County Code. 1 F:Wttorney\Nancy\DOCS\FORMS\sidewalk cash deposit&escrow standard form extension.doc f 4. 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 deliver a 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. 5. 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 memorandum from the County Public Works Director or County Engineer 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. 6. Any interest earned during the term of escrow, less administrative expenses, shall be disbursed to Developers at close of escrow. 7. 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, 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 improvements. 8. This Agreement, together with the attached Contract, 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 hereon 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 County. 2 F:\Httorney\Nancy\DOCS\FORMS\sidewalk cash deposit&escrow standard form extension.doc Developer Witnesses: By: printed name: printed name: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Chairman ATTEST: J.K. Barton, Clerk of Court By: Deputy Clerk OFFICE OF MANAGEMENT AND BUDGET By: Jason E. Brown,OMB Director APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: William G. Collins II County Attorney 3 F:\Attorney\Nancy\DOCS\FORMS\sidewalk cash deposit&escrow standard form extension.doc