HomeMy WebLinkAbout1985-022RESOLUTION NO. 85- 22
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, APPROVING AN
ASSIGNMENT AND EXTENSION OF TIME FOR PERFORMANCE
OF THE CONTRACT FOR REQUIRED IMPROVEMENTS, AND
TRANSFER OF THE LAND DEVELOPMENT APPROVALS AND
PERMITS, FOR SEAGROVE WEST SUBDIVISION.
WHEREAS, in February, 1984, the County entered into a
Contract for Required Improvements with Corporate Investment Com-
pany for Seagrove West Subdivision, which required completion of
certain improvements on or before February 29, 1385, being one
year after final plat approval; and
WHEREAS, during the past year, Corporate Investment
Company conveyed the subject property to Harbor Federal Savings
and Loan Association, Ft. Pierce, Florida, in lieu of a mortgage
foreclosure, assigning therewith all development approvals and
permits issued by the County; and
WHEREAS, Harbor Federal has requested the County to
recognize it as the successor developer and obligor on the Con-
tract for Required Improvements, and has requested an extension of
time for completion of the required improvements; and
WHEREAS, Harbor Federal has executed the assumption pro-
visions contained below indicating its agreement to assume and
perform all those promises, covenants, commitments and conditions
prescribed in the Contract for Required Improvements and the
associated land development permits; and
WHEREAS, in order to guarantee its performance of the
assigned contract, Harbor Federal is placing new security in the
form of a Letter of Credit; and
WHEREAS, the Planning and Development Division and the
Public Works Department have reviewed the status of this project
and find there exists good cause for an extension of time and
recommends approval.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER. COUNTY, FLORIDA that:
1. The County acknowledges and approves the assignment
of the attached Contract for Required Improvements from Corporate
Investment Company to Harbor Federal Savings and Loan;
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2. An extension of time to perform the contract is
® hereby approved- to expire henceforth on November 19, 1985
3. The attached Letter of Credit is accepted as new
• security to guarantee performance of the assigned contract, as
extended, and the Board hereby releases any claim to the funds
originally deposited under the cash deposit and escrow agreement
among Corporate Investment Company, Harbor Federal, and Indian
River County.
i�
The foregoing resolution was offered by Commissioner
Scurlock who moved its adoption. The motion was seconded
by Commissioner Bowman and, upon being put to a vote, the
vote was as follows:
Chairman Patrick B. Lyons Aye
Vice -Chairman Don C. Scurlock, Jr. Aye
Commissioner Richard N. Bird Aye
Commissioner Margaret C. Bowman Aye
Commissioner William C. Wodtke, Jr. Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 20th day of February , 1985.
Attest:`jiec (411lcc(���
FREDA WRIGHT--
Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By ��"g
jk-.s7—.Co11hty Attorney
BOARD OF COUNTY COMMISSIONERS
OF INDIA VER COUNTY, FLORIDA
B �i
ATRICK B. LYONS
Chairman
CJP
ASSUMPTION AGREEMENT FOR CONTRACT
FOR REQUIRED IMPROVEMENTS
KNOW ALL MEN BY THESE PRESENTS, that Harbor Federal
Savings and Loan Association, in consideration of the actions
stated above, and other valuable considerations, the receipt and
sufficiency of which are hereby acknowledged, hereby agrees to be
9PZ
bound by and to :-)erform all those promises and obligations of the
party referred to as "Developer" in the attached Contract for
Required Improvements (ASD 80-16-229), in strict accordance with
® the original contract, and any approved extensions, modifications,
amendments or additions thereto.
IN WITNESS WHEREOF, the undersigned has caused its hand
and seal to be placed hereto this / 3 day ofd,
• 1985.
HARBOR FEDERAL SAVINGS AND LOAN
ASSOCIATION
�BY:
( itle)
� s ;
/
Attest:
✓
BY:
(Title Q�
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® CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS
NO. SD 80-16-229
® THIS CONTRACT, made and entered into this 7th day of
February, 1984, by and between CORPORATE INVESTMENT COMPANY, INC.
under the laws of the State of Florida, 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."
W I T N E S S E T H
WHEREAS, Developer is commencing proceedings to effect a
subdivision of land within Indian River County, Florida; and
WHEREAS, Developer requests the approval and recordation of
a certain plat to be known as SEAGROVE WEST SUBDIVISION; and
WHEREAS, the required improvements are to be installed
after recordation of this plat under guarar.Lees posted with the
County.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
AND PROMISES HEREIN CONTAINED, the parties- as follows;
within ry
1. Developer agrees to construct/one year after platting,
in a good and workmanlike manner, those improvements described as
follows;
roads, storm drainage, and sewer collection
or otherwise required by the Code of Laws and Ordinances of
Indian River County in connection with the approval of said plat.
A copy of the plat shall be recorded in the Public Records of
Indian River County, Florida upon the final approval of the Board
of County Commissioners and made a part hereof for all purposes.
2. Developer agrees to construct said improvements
strictly in accordance with the land development permit, the most
recent set of plans and specifications for this subdivision
approved by the County and on file in the Planning and
Development Division, and all County development regulations anc?
standards, including conditions and requirements of any
applicable County right-of-way permit, all of which are hereby
incorporated by reference and made a part hereof.
3. In order to guarantee performance of this contract,
Developer shall simultaneously herewith furnish an executed cash
deposit and escrow agreement, in a form to be approved by the
County, between Developer and HARBOR FEDERAL SAVINGS AND LOAN
ASSOCIATION, a banking institution authorized to transact such
business in this state, as the escrow agent, in the amount of
$503,191.24, which amount is not less than one hundred and
fifteen (115%) percent of the estimated total cost of
improvements remaining to be constructed, as determined in
accordance with the County's Subdivision and Platting Ordinance.
It is understood that the full amount of the escrow deposit shall
remain available to the County and shall not be reduced during
the course of construction, except in accordance with the
procedures set forth in the escrow agreement. Developer may at
any time substitute guarantees, subject to the approval as to
form and amount by the County.
4. Up to the limits of any applicable underlying or excess
insurance coverage carried by Developer or to be obtained during
the course of the construction of the subdivision improvements,
Developer agrees to indemnify, hold harmless, and defend the
County against any and all claims, damages, losses and expenses,
cql
40 including attorney's fees, for property damage, personal or
bodily injury, or loss of life, arising from the negligent acts
or omissions of the Developer, its officers, employees, agents,
or contractors, subcontractors, laborers, or suppliers, relating
40 to the construction of the required improvements, including all
those improvements to be constructed on existing publicly
dedicated or County -owned property, such as street, sidewalk,
bikepath, lighting, signalization, traffic control, drainage,
water, or sewer improvements.
5. The County agrees to approve the plat for recordation
in the Public Records of Indian River County, Florida upon a
• • finding as to compliance with all applicable provisions of the
County's Subdivision and Platting Ordinance and upc.1 execution
hereof. The County shall accept those areas specifically
dedicated to the County for the purposes indicated on the plat at
such time as the improvements are satisfactorily completed.
Satisfactory completion in accordance with the land development
permit, plans, specifications, and ordinance requirements of
Indian River County shall be determined by the County and shall
be indicated by specific written approval of t",,e Public Works
Director or his designated representative.
C. In the event the Developer shall fail or neglect to
fulfill its obligations under this contract and as required by
the Developer, as principal, and the guarantee or surety up to
the escrow amount, shall be jointly and severally liable to pay
for the cost of construction and installment of the required
improvements to the final total cost, including but not limited
to engineering, construction, legal and contingent costs,
including reasonable attorney's fees incurred by the County,
together with any damages, either direct or consequential, which
the County may sustain as a result of the failure of Developer to
carry out and execute all provisions of this contract and
applicable ordinances of the County.
7. The parties agree that the County at its option shall
have the right to construct and install or, pursuant to -receipt
of competitive bids, cause to be constructed and installed the
required improvements in the event Developer shall fail or refuse
to do so in accordance with the terms of the contract. Developer
expressly agrees that the County may demand and draw upon said
surety for the final total cost thereof, to the limits of the
surety. Developer shall remain wholly liable for any resulting
deficiency, should the surety be exhausted prior to completion of
the required improvements.
S. Any guarantee or surety provided to the County by
Developer with respect to this contract shall exist solely for
the 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 subcontractor, laborer, materialman or other party
providing labor, material, supplies or services for construction
of the required improvements, or to benefit any lot purchaser(s),
unless the County shall agree otherwise in writing.
9. This agreement is the full and complete understanding
of the parties and shall not be construed or amplified by
reference to any other agreement, discussion, or understanding,
whether written or oral, 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,
executed by authorized representatives of both parties.
40
C
IN WITNESS WHEREOF, the parties hereto have set their hands
and sews on the day and year first above written.
CORPORATE INVESTMENT COMPANY
Deve oper
i
Attest: By:
itle itle
• • (Affix Corporate Seal)
INDIAN RIVER COUNTY, FLORIDA
APPROVED AS TO FORM By:, _ G
AND LEGAL SUFFICIENCY DGu C. SCURL CK, JR., firman
/ Board of County Commiss oners
By:_ lC.�
Count Attorney Attest:
Freda Wright, lei
y
•
s
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SEAGROVE WEST
Summary
(as of 1/85)
WORK TO DATE IN PLACE:
1. Grading (80% complete)
2. 8" P.V.C. Sewer (50%
complete)
3. Lift Station (308 com-
plete)
TOTAL WORK COMPLETED TO DATE:
GRAND TOTAL
Cost Estimate:
Less Work in Place:
Work to be bonded:
x 1.15
0.8 x 10,000
0.5 x 62,220
0.2964 x 17,500
$481,854.83
- 44,297.23
$437,557.60
$503,191.24
r_ .0b
$ 8,000.00
31,110.00
5,187.23
$44,297.23
3�
CA
40
ee
ENGINEER'S COST ESTIMATE
SEAGROVE WEST
Item
No. Description
ROADWAY
1. Grading
2. Stabilization (12")
3. Limerock (811)
4. Asphaltic Concrete, Type
S-1
5. Grass Seed and Mulch
6. Deceleration Lane
7. Type 'D' Curb
8. Miami Curb
SEWER
L.S.
1.
8"
P.V.C.
2.
Manholes
$ 1.00
a.
0/6 Depth
16097
b.
6/8 Depth
$
C.
Drop
3.
Lift Station
4.
Force Main (811)
5.
6"
P.V.C. Laterals
6.
6"
Plugs
7.
4"
Plugs
B.
8"
A.C. Manhole Adapters
Est. Unit Total
Qty. Unit Price Amount
1
L.S.
$10,000.00
$
10,000.00
16805
S.Y.
$ 1.00
$_16,805.00
16097
S.Y.
$ 5.53
$
89,016,91
1154
Tons
$_ 42.00
$
48,468.00
17500
S.Y.
$ 0.60
$
10•,500.00
1
L.S.
$50,000.00
$
50,000.00
1342.5
L.F.
$ 6.95
$
9,330.37
11647
L.F.
$ 4.75
$
55,323.25
Sub -Total Roadway:
$.289,44--3-5-1
5
5185
L.F.
$ 12.00
$
62,220.00
14
Each
$ 900.00
$
12,600.00
1
Each
$ 1,200.00
$
1,200.00
2
Each
$ 1,500.00
$
3,000.00
1
Each
$17,500.00 _$
17,500.00
1230
L.F.
$� 10.00
_$-
12,300.00
850
L.F.
$- 5.23
$___A,445.50
36
Each
$ 2.50
_$_
90.00
68
Each
$_ 1.35
$
91.80
37
Each
$_ 15.00
$
555.00
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3/
40
40
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ENGINEER'S COST ESTIMATE
SEAGROVE WEST
Item
6" P.V.C.
Est.
L.F.
Unit
Total
No.'
Description
Qty.
Unit
Price
Amount
9. 6"
S.C. Manhole adapters
8
Each
$ 11.50
$ 92.00
10. 6"
x 4" Double Wye
32
Each
$ 30.00
$ 960.00
11. 6"
x 4" Single Wye
4
Each
$ 23.00
$ 92.00
43,640.00
4.
18" R.C.P.
Sub -Total
Sewer:
$ 115,146.30
DRAINAGE
6" P.V.C.
4821
L.F.
$
6.70
$
1.
Inlets
22
Each
$
1,100.00
$
24,200.00
2.
Manholes (For Baffle)
1
Each
$
1,000.00
$
1,000.00
3.
15" R.C.P.
2182
L.F.
$
20.00
$
43,640.00
4.
18" R.C.P.
350
L.F.
$
22.50
$
7,875.00 _
5.
Headwalls
1
Each
$
100.00
$
100.00
6.
Endwalls
9
C.Y.
$
50.00
$
450.00
2
Each
$
Sub -Total
$
Drainage:
$
77,265.00
14ATER DISTRIBUTION *
1.
6" P.V.C.
4821
L.F.
$
6.70
$
32,300.70
2.
4" P.V.C.
480
L.F.
$
5.50
$
2,640.00
3.
Fire Hydrants
5
Each
$
1,100.00__$
5,500.00
4.
6" Gate Valve
6
Each
$
250.00
$
1,500.00
5.
4" Blowoff
2
Each
$
1.50.00
$
300.00
6.
Fittings
3.5
Tons
$
2,500.00
$
8,750.00
7.
Single Services
2
Each
$
259.00
$
519.00
*
Water distribution
lines are not required
for this
subdivision,
however,
the developer may
elect to construct water lines
prior
to completion of
the roads.
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_517�
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ENGINEER'S COST ESTIMATE
SEAGROVE WEST
Item
No. Description
WATER DISTRIBUTION (Con't)
8. Double Services
ROADWAY
SEWER
DRAINAGE
* GRAND TOTAL:
Est. Unit Total
Qty. Unit Price Amount
33 Each $ 363.00 $ 11,979.00
Sub -Total Water Distribution: $ 63,487.70
RECAP
$ 289,443.53
$ 115,146.30
$ 77,265.00
$ 481,854.83
* Lake excavation and fill requirements by Developer. Lake excavation has
been estimated at 64,000 C.Y. and fill quantities extimated at 154,000
C.Y.
WE HEREBY CERTIFY that we have prepared the semi -detailed construction
plans for the Seagrove West Development and that the items shown hereon
represent a reasonably accurate account of the amount of construction
required to complete the project. Based on item prices of projects of
similar nature, the above construction costs reflect, to the best of our
ability, the projected construction cost for the development.
LLOYD & ASSOCIATES, INC.
By:
Darrell E. McQueen, P.E.
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