HomeMy WebLinkAbout2016-157 PHASE 3
CASH DEPOSIT AND ESCROW AGREEMENT
FOR
COMPLIANCE AND RESTORATION
RE: BLUE GOOSE SAND MINE, PHASE 3
(FORMERLY KNOWN AS RANCH ROAD LAKE SAND MINE)
SP-MA-05-01-02 (PH3)(2004040371)
THIS AGREEMENT is entered into this 4th day of October ,
2016, by and between BAYTREE VENTURES, LLC, 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; and
WHEREAS, on August 18, 2015 County approved the Assignment
of Cash Deposit and Escrow Agreement for Compliance and Restoration with
regard to Ranch Road Lake Sand Mine, Phase 1, now known as Blue Goose
Sand Mine; and the funds posted by Ranch Road Lake, L.L.C. under Phase 1
were assigned by the Chapter 7 Trustee in bankruptcy for Ranch Road Lake,
L.L.C. to Baytree Ventues, LLC; those funds being in the amount of $70,290.00
in cash to insure compliance ($51,430.00) and restoration ($18,860.00) with the
requirements of the approved mining site plan for Phase 1; and
WHEREAS, Phase 1 was restored to the satisfaction of the County
based on site inspection and the Developer is now desirous to move into Phase
3; and
WHEREAS, Developer wishes to transfer the entire $70,290.00
cash being held by County, from Phase 1 to Phase 3,
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 agrees to the transfer of the entire $70,290.00
from Phase 1 to Phase 3; said sum shall continue to be held in escrow by the
County Office of Management and Budget (Escrow Agent), but
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earmarked/obligated for Phase 3, 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 plan compliance and 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
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 Development or its legal representatives, heirs,
successors or assigns, absent bankruptcy, court order, or an assignment.
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 the restoration
plan and 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 and/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 and/or restoration. All funds disbursed to County in
excess of the final amount determined necessary by the County shall be
returned to Developer, its legal representatives, heirs, successors or assigns,
absent bankruptcy, court order, or an assignment, at the completion of site
restoration.
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5. Any interest earned during the term of escrow, less
administrative expenses, shall be disbursed 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
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: BAYTREE VENTURES, LLC, a Florida
limited liability company
By: BLUE GOOSE CONSTRUCTION
LLC, a Florida limited liability
company
sign name: f- Ag�!�
print name: Anti S0N A F A)-3 3
(as to both) By.
Richard M. Carnell, Jr., Manager
sign na Irl,
print name. O'YI,L c
(as to oth) By:gef
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(� u itz, Man er
Date:"" DEVELOPER
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BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER ........ .•••.,•
COUNTY, FLORIDA .o��s' ''�
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By: Bob Solari, Chairman .'� `•'z�
COUNTY .�NDIA.4
ATTEST: Jeffrey R. Smith, Clerk BCC approved: October 4, 7016
of rt and Comp I r
B (SEAL)
Deputy erk
OFFICE OF MANAGEMENT APPROVED AS TO FORM AND
AND BUDGET LEGAL SUFFICIENCY:
By: M&/PL" 7 By:
Michael Smykowski an Reingold
OMB Director County Attorney
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