HomeMy WebLinkAbout1999-107• 1m - ' /
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PLAN (agree 4) L E G A L (wG C /n h m)
general or limited partnership
for use with performance bond
FIRST MODIFICATION TO
CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS
NO. PD -98-01-01-U1
it,
THIS MODIFICATION TO CONTRACT, made and entered into this J—V-- day of
oL - , 1999, by and between Fairways At Grand Harbor, Ltd., a Florida
limited partnership, 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 and County entered into a Contract For Construction of
Required Improvements No. PD -98-01-01-U1 dated November 9, 1998; and
WHEREAS, paragraph 3 of that contract provided in part that "Developer may at
any time substitute guarantees, subject to the approval asJo form and amount by the County";
and
WHEREAS, Developer wishes to substitute a performance bond for the cash
deposit held by Indian River County under "Cash Deposit and Escrow Agreement' dated
November 9, 1998 in the amount of $97,879.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
AND PROMISES CONTAINED IN CONTRACT FOR CONSTRUCTION OF REQUIRED
IMPROVEMENTS NO. PD -98-01-01-U1, the parties agree to modify that contract as follows:
Paragraph 3 of the contract dated November 9,1998 is modified to provide that
the security for performance shall be in the form of a performance bond and that the cash
deposit held by the County shall be released to Developer upon approval by the County, to
read as follows:
"3. In order to guarantee performance of this contract. Developer
shall simultaneously herewith furnish a performance bond
underwritten by a surely insurer authorized to transact such
business in this state, which shall remain in full force and effect
until at least ninety (90) days beyond the date set forth in
paragraph 1, or until the covenants of this contract have been
fully complied with and satisfactorily completed as determined by
the County pursuant to paragraph S below, in a form to be
approved by the County, With Developer as principal and
�' as the suiety, in the
amount of $97,879.00, which amount is not less than one
hundred fifteen percent (115%) 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 guaranty
shall remain available to the County and shall not be reduced
during the course of construction without an express written
modification thereof executed by all parties. Requested
reductions shall not be unreasonably withheld by the County.
Developer may at any time substitute guarantees, subject to the
approval as to form and amount by the County."
Paragraphs 6, 7 and 8 are modified to allow the County to look to the Developer
and the Performance Bond rather than the Developer and the cash escrow for performance of
paragraphs 6, 7 and 8 which are modified to read as follows:
"6. In the event the Developer shall fail or neglect to fulfill its
obligations under this contract and as required by the Indian
River County Code, the Developer, as principal, and the
guarantor or surety 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. In no event, however, shall the liability
of the guarantor or surety under this paragraph exceed the total
amount of the original obligation stated in the guaranty or surety
instrument, less any approved reductions thereto.
7. The parties agree that the County at its option shall have the
right, but not the obligation, 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 this
contract. Developer expressly agrees that the County may
demand and draw upon the existing guaranty or surety for the
final total cost of the improvements. Developer shall remain
wholly liable for any resulting deficiency, should the guaranty or
surety be exhausted prior to completion of the required
improvements. In no event shall the County be obligated to
expend public funds, or any funds other than those provided by
the Developer, the guarantor, or surety, to construct the required
improvements.
d. Any guaranty or surety provided to the County by Developer
with respect to this contract shah exist soWy for the use rind
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."
All other terms and conditions of the Contract For Construction of Required
Improvements No. PD -98-01-01-U1, specifically paragraphs 1, 2, 4, 5 and 9 shall remain in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this
Modification of Contract on the day and year first above written.
WITNESSES:
signature -
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signature �,f� �f. �'
print name• a al
A
By � --
P �-Partpn, CI C
APPROVED AS TO FOR
AND LEGAL SUFFICIENCY:
K
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By: 1.G �Lr7
William G. Collins II
Deputy County Attorney
Fairways At Grand Harbor, Ltd., a
Florida limited partnership
By Fa' At Grand Harbor, Inc.,
a Flori co poration
Ge al P ner
Ray Gra lotto
Vice Preklident
INDIAN RIVER COUNTY, FLORIDA
By: i�
nneth R. Macht, Chairman
Board of County Commission rs
r.
)Xllifl:df FQJTl111iEii�i-iig2YlEiii N1TS
Item Description
_
Unit
Total
Units
Unit Pt ice
"iota) Price
1
7.5%of 6" PVC'. Water Main
LF
945
.25x$9.20$1943.50
2.
25of 8" DIP Water Main
_23'_-T
LF
60
.25 x $14.00
$210.00
3.
8" Gate Valves
F.A
2
.25 x i690 00
$343.00
4.
230ie 4f Ilydrant Assemblies
EA
1
100
.25 x 2..00
$525.00
5.
25%of I" Water Service
EA
1
.25 x $300.00
575.00
6.
251,0 of 2" Water Service
EA
6
.25 x 5550.00
$825.00
7.
25% of 2" Double Service
EA
1
.25 -x$750,00
$187.50
a.
25% of H"ings & Kestraints
LS
1
.25 x $9,850.00
$2,462.50
_
for Water
9.
1"Meter -Box ^-
EA
1
$135.00
$135.00
10.
11.
2" Meter Box
Lift Station
EA
6
$200.00
$1,200.00
12.
25% of 8" UIP Sewer 0' - 6'
LS
LF
1
95
$70,000.00
.25 x $27.00
S70 000.00
$641,25
_13.25%
of 8" PVC Sewer 6'�- 8'
1.F
650
.2.5 x 517 (M
___$7.762 1,0
14.
250/'o of 8" PVC Sewer 8' - 10'
LF
1211
.25 x 525.00
$800.00 i
I5.
16.
25 6 of Manholes 0' - 6'
EA
1
.25 x $1,430.00
-362.50 {
$362.30
17.
25% Manholes 6' .- 8'
23% of Fittings & Resttaints
_ EA
LS
5
.25 x $1 6_90.00
$2, l 12.50 `
1
.25 x $2,100.00
$525.00'1
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PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS
That Fairways At Grand Harbor, Ltd., a Florida limited partnership, Developer
(hereinafter called the "Principal'), and 1411 itN� ctl4m
a surety company authorized to transact such business in the State of Florida (hereinafter
called the "Surety"), are held and firmly bound unto Indian River County, a political subdivision
of the State of Florida, hereinafter County, in the full and just sum of Ninety -Seven Thousand
Fight Hundred Seventy -Nine and No/100 Dollars (;97,979.00) lawful money of the United
States of America, to be paid to the Board of County Commissioners of Indian River County, to
which payment well and truly to be made we bind ourselves, our heirs, executor-,,
adrinunistrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, time above bounded Principal, as a condition precedent to the approval by
the County of a plat of a certain development known as Fairways At Grand Harbor, a
Planned Residential Development has entered into a written contract with the County, No.
PD-9MI-01-Ul, to construct required improvements prescribed by the contract and the
Subdivision and Platting Ordinance of Indian River County, pertaining to said development.
The contract, together with its First Modification, is so incorporated herein by this reference
and made a part hereof for all purposes; and
WHEREAS, one of the conditions of the contract as Modified is that this bond be
executed.
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are that if the above
bounded Principal shall in all respects comply with the terms and conditions of the contract,
within the time therein specified, and shall in every respect fulfill its obligations thereunder and
under the permits, pians and regulations therein referred to and made a part thereof, and shall
indemnify and save harmless the County against or from all claims, costs, expenses,
damages, injury or loss, including engineering, legal and contingent costs, which Indian River
County may sustain on account of the failure of the Principal to cavy out and execute all the
provisions of the contract, within the time therein specified, then this obligation to be void;
otherwise to be and remain in full force and virtue.
THE SURETY UNCONDITIONALLY COVENANTS AND AGREES that if the Principal
fails to perform all or any part of the obligations stated in said contract, within the time
specified, the Surety, upon thirty (30) days written notice from the County or its authorized
representative, as to the default, will forthwith perform and complete the aforesaid obligations
and pay the cost thereof, including but not limited to, engineering, legal and contingent costs.
Should the Surety fail or refuse to perform and complete said improvements, the County, in
view of the public interest, health, safety and welfare and the inducement in approving and
filing said plat, shall have the right to resort to any and all legal remedies against the Principal
and the Surety, or either, including specific performance, to which the Principal and Surety
unconditionally agree.
THE PRINCIPAL_ AND SURETY FURTHER jointly and severally agree that the County,
at its option, shall have the right to construct or, pursuant to receipt of competitive bids, cause
to be constructed the aforementioned improvements in the event the Principal, or the Surety
requested, should fail or refuse to do so in accordance with the terms of the contract. In the
event the County should exercise and give effect to such right, the Principal and the Surety
shall be jointly and severally liable hereunder to reimburse the County for the total cost thereof,
including but riot limited to, engineering, legal and contingent costs, including reasonable
attorney's fees, together with any damages, either direct or consequential, which may be
sustained by the County on account of the failure of the Principal to cavy out and execute all
the provisions of the contract. In no event, however, shall the Surety be liable for any loss in
excess of the amount of this bond.
It is expressly understood that the protections provided by this bond shall run exclusively
to the County and its successors or assigns and same are not expressly or impliedly intended
to protect or save harmless any contractor, subcontractor, supplier, materialman, laborer,
purchaser, or other party unless expressly agreed and acknowledged by Indian River County
in writing.
IN WITNESS WHEREOF, the Principal and the Surety have executed these presents
this 28th day of JANUW , 19 99
Witnesses:
signat4Z— 16--42 _
printed name:` --!-ouN a, ,;r,- \
signature:
printed name:
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY E AW -99 L -L-1
WILLIAM G. COLLINS II
DEPUTY COUNTY ATTORNEY
Fairways At Grand Harbor, Ltd., a
Florida limited partnership
By Fairways At Grand Harbor, Inc.,
a rp ration
Gener I P rt
By �--
d-6-fel r+ It nus( F. (otwt�+no
�� President
PRINCIPAL
RLI DSL R*M 024VNY
SURETY
By:���/r(i/2
Christina M. Wilkie
Attomey-in-Fact
POWNR OFFAAT�■TORNFy
►n M fti! . Fps lNH�1 moi! �Y[aQVLn.alil�}
Zoo All Men by rhow rm"na: BOND NO, RSB- 357717
:'bli t1W P(TWOT M .inose" iR" valid of in effect ,mess Attr,rhad to the 1�z,nd whi,11, tt Authorta*% executed, b,tt may bw dntacbod by
fife AWavinp officer if d*wod
TINt RU DMURANC.E COMPANY, an Illinois corpnTAtton, does hetFhy make, conttttute and appoint
00"AYAM 0- NARIKICON, CHRISTINA M. WILKIE, CMRISIOPHFR B..- KERR OF SARASOTA, FLM -IDA
its true Anti IAwful Anent and Attorney -n+. -Fact. •r: ith full p ovie.L at,d authority hereby conferred, to sign, oxecute, acknowledge and deliver
fol and en its behalf as Surety, the following described bond.
ANY AND ALL CONTRACT, PERFORMAt<'^E, PAYMENT, 810 OR MAINTENANCE BONDS PROVIDING THE BOND PENALTY DOES NOT
EXCEED FOUR MILLION ($4,000,000.00) DOLLARS.
The acknowledgement and execution of such bond by the said Attorney. in shall be as binding upon this Company as if such
bond had been executed and acknowledged by the regularly elected officers of this Company.
All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of SEPTEMBER 1
200000 , but until such time shall be irrevocable and in full force and effect.
The RLI INSURANCE COMPANY further certifies that the following is a true and exact copy of the Resolution adopted by the Board of
Directors of RLI Insurance Company, and now to force to -wit:
The penal amount of the bond herein described may be increased if there is attached to this Power, written authority so authorizing
in the form of an endorsement or letter signed by the President, Vice President, Assistant Vice President, Treasurer, Secretary or
Assistant Secretary of the RLI Insurance Company specifically authorizing said increase.
IN WITNESS WHEREOF, the RLI Insurance company has caused these presents to be executed by its President with its corporate seal
affixed this 23rd day of March, 1998.
State of Illinois )
1 SS
County of Peoria I
On this 23rd day of March, 1998, before me, a Notary Public,
personally appeared Jonathan E. Michael, who being by me duly
sworn, acknowledged that he signed the above Power of Attorney as
the aforesaid officer of the RLI INSURANCE COMPANYand acknowl-
edged said instrument to be the voluntary act and deed of said
corporation.
Notary Public
♦ tA�r,r*
•OFFICUL SEAL"
* VATIMYIf L BSCf09 n a
NOTARY FnLIC, STATE OF ILLINOIS a
* NYn►ire■ 5/16/2000 •
RLI INSURANCE COMPANI'
By:
President
" CERTIFICATE
I. the undersigned officer of RLI Insurance Company, a stock corpora-
tion of the State of Illinois, do hereby certify that the attached Power
of Attorney is in full force and effect and is irrevocable; and further-
more, that the Resolution of the Company as set forth in the Power of
Attorney, is now in force. In testimony whereof,) have hereuntp set my
hand and the seal of the RLI Insurance Company this *� day of
,LAIN . 1 C�i4 .
RLI INSURANCE COMPANY
President
*1MPORTAN'r: This date must be filled in before it is attached to
the bond and it must be the same date as the bond.
SPA002 (3/98)