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HomeMy WebLinkAbout2000-045I• C1 :IIJ1u1'LA\ILL,,Af-IFCGGI-1in for RSC with letter of credit CQNTRACT FOR CONSTRUCTION Ol= REClUIRED IMPRDVEMENTS NO. PD-99-1045-A(99070081*008) THIS CONTRACT, made and entered into this 15th day of ahr„ _; , 2000 by and between POINTE WEST OF VERO BEACH, 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 is commencing proceedings to effect a subdivision of 'land within Indian River County, Florida', and WHEREAS, a final plat of the subdivision within the unincorporated area of Indian River County shall not be recorded until the Developer has installed the required improvements or has guaranteed to the satisfaction of the County that such improvements will be installed; and WHEREAS, Developer requests the approval and recordation of a certain plat to be known as Pointe West North Village, Phase i P.D.; and WHEREAS, the required improvements are to be installed after recordation of this plat under guarantees posted with the County. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES HEREIN CONTAWED, the parties agree as follows: Developef dyfues to construct or lar befova 11a.te- r2aCaL�, in a good and workmanlike manner, those improvements descried as follows: See Exhibit "A" attached hereto. or otherwise required by the Indian River County Code in connection with the approval r)f said plat. A copy of the plat shall he 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. i 40 40 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 and standards, including conditions and requirements of any applicable County right-of-way permit, all of which are hereby incorporated by reference and made a park hereof. 3. In order to guarantee performance of this contract, Developer shall simultaneously herewith furnish an irrevocable letter of credit, having an expiration date of not less than ninety (N) days beyond the date set forth in Paragraph 1, provided by a banking institution authorized to transact such business in this state, in a form to be approved by the County, naming Developer as customer and Fidelity Federal Savings Bank of Florida, as the underwriting bank, in the amount of $1,263,347.09, 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 letter of credit 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. 4. Up to $1,000,000.00, or 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, 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 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, bikepa#h, 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 C( UMV, Florida upon a finding as to compliancL with r -ill applicable provisions of the County's Subdivision and Platting Ordinance and upon execution hereof. The County shall accept those areas specifically dedicated. to the County for the purposes Indicated on the plat at the time of plat recordation. However, nothing herein shall be construed as creating an obligation upon the County to perform any act of construction or maintenance within such dedicated areas until such time as the rpq{plrerf improvements are satisfactorily completed. SaVs'factory completion in accordance with the land development permit, plans, specifications, and ordinance re:quiruments of Iridian river County shall be detatmined by tine County and shall be Indicated by specific written approval of the Public Works Director or his designated CI i 40 representative, after receipt of a signed and sealed Certificate of Completion from the project engineer of record. 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 letter(s) of credit 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 underwriting bank under this paragraph exceed the total amount of the original obligation stated in the letter(s) of credit, 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 shal! 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 letter(s) of credit for the final total cost of the improvements. Developer shall remain wholly liable for any resulting deficiency, should the letter(s) of credit 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, or the underwriting bank to construct the required improvements. 8. Any Vetter(s) of credit 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 purchasers), 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,orf Ed+3l' t3rtd:?? ^ F!xcept 3z; Sp,:Cifjca�ly 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 pasties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written. 4w 40 4D POINTE WEST OF VERO BEACH, LTD., a Florida limited partnership DEVELOPER By: POINTE WEST OF VERA BEACH, INC., a Florida corporation General Partner WIT ITN E si n: By: �ld�� �n IG C c,vlLiiYi 9 print name: L:-� Charles R. Mechling, President sign: ( seal) print name: ,),-a C- INDIAN RIVER COUNTY, FLORIDA 0",Vl- A 0 Fran B. Adams, Chairman Board of County Commissioners Z4;; T CLERK BCC approval: 2/15/00 er APPROVcfl AS TO FORM AND LEGAL. SUFFICIENCY: By: William G. Collins ii Deputy County Attorney • R POINTE WEST CONSTRUCTION ESTIMATE POINTE WEST NORTH VILLAGE SUB -TOTAL? 1 PHASE 1 $19.001 24 -Jan -00 014 1 R.C.P. 15" - DRAINAGE I FELIX_ I ITEM DESCRIPTION PAGE. 1 UNIT QUANTITY UNIT PRICE EXTENSION $1,400.00 1 $83,000.00 1 Cit MANHOLES i EACH ROADWAY $1,500,00 1 $21,000.00 1 D3 ' CONTROL STRUCTURE JEACHI 3 113,200.00 1 59 600.00 " D4 R1 GRADING L.F. 8.670 $3.50 $23,345.00 . STABILIZATION 8" S.Y. 23,549 $1.65 $2,275_00 _R2 R2A COMPACTED SUB -GRADE S.Y. 23.549: $0.50 $11.774.50 R2AA SUB -BASE 3" MAT.FROM SITE 5,Y. 23,549 $1.00 323,549.00 COQUINA 8" S.Y. 19.994 _ $5.00 R.C.P. 48" _R3 R3A BASE 7" MAT.FROM SITE S.Y. 19,994 $2.50 $49.985.00 fR4 ASPHALT 1" S.Y. 19.994 $2.50 R4A ,ASPHALT 1.5" S.Y. 19,994. $3.50 ' $89.979.00 R5 MOD. MIAMI CURB L.F. 3,771 55.90 $20,740.50 R6 ' TYPE "D" CURB R7 TYPE "F" CURB _ R8 ; SIDEWALK VX 4" L..- 1 : $- 1 L.F. ! 375 1 9.569 1 4,810 1 $7,001 $6.50 1 $10.00 L $2,625.00 $62.198.50 548.100.00 _ R9 SIDEWALK 4" X 4" I L.F. 01 $8.00 1 R10 !CONCRETE 14'X 0" I L.F. 0 1 $28.00 1 R11 SEED & MULCH S.Y. 14.822 ! $0.20 $2.964.44 R12 'SOD S. F. : 40.363 ! $0.17 .` $6.861.71 R13 ; STRIPING AND SIGNAGE L.S. 1 1 57,500.00 " $7,500.00 D13 R.C.P. 18" SUB -TOTAL? 1 815. $19.001 $327,622.65 014 1 R.C.P. 15" - DRAINAGE I 6 I DBA ADS. 48" 0A-DS42" - - _ _911 D1 INLETS I EACH 1 45 1 $1,400.00 1 $83,000.00 1 Cit MANHOLES i EACH 141 $1,500,00 1 $21,000.00 1 D3 ' CONTROL STRUCTURE JEACHI 3 113,200.00 1 59 600.00 " D4 ' ENDWALLS IEACHI 01 $19,00 $15,485.00 D5 R.C.P. 84" ! L.F. 01 $2,275_00 D6 . R.C.P. 60" L.F. 335 1 $93.001 $31.155.0.0-1 D7 R.C.P. 54" L.F. 7751 $85.001 $65,875.00 D$ R.C.P. 48" L.F. 18551 $56.00 D9 1 R.C.P. 42" I L.F. 1 0 $55.00 1 _ 010 1 R.C.P. 36" _ _ L.F. 1,1091 $42.001 D11 I R.C.P. 30" L.F. 9101 $34.00 D12 1 R.C.P. 24" L.F. 1 490 $25.00 1 D13 R.C.P. 18" L.F. 815. $19.001 014 1 R.C.P. 15" L.F. 175 1 $18.50 DBA ADS. 48" 0A-DS42" - - _ _911 L.F. ---- L.F. 1.7155 ' 0 1 $52.00 ' $48.00 396.490.00 $0.00 - D10A IADS 36" L.F. ! 1,109 f '$34,00 ! $37.706.00 1 Dl IA !ADS 30" L.F. 910. $28.00 1 $25,400.00 1 012A i AOS 24" L.F. 490 1 $22.00? $10,780.00 1 013A :ADS 18" L.F. 813 1 $19,00 $15,485.00 _014A TADS 15" L.F. 175 , $13.00 1 $2,275_00 3US-TO T Ai-: i378,815,OG 24 -Jan -00 C-1 40 i POINTE WEST CONSTRUCTION ESTIMATE i+©1NTE WEST NORTH VILLAGE PHASE 1 FELIX 24-Jen•Ob - ITEM DESCRIPTION PA41= 2 UNIT QUANTITY UNIT PRICE , EXTENSION SANITARY SEWER -- 6" X 6" TEE EACH Q I SZUUM *U.UU 1 B' 22 EACH ` 0 1 $175.00: SO.nn 6"45 EACH ", 0 1 $175.00 ' $0.00 W7 P.V.C. 4" FITTINGS 4' L.F. 1 80 1 $7.00 �560.00 W8 GATE VALVE 4" ISERV10E POINTS SINGLE 1 EACH i I EACH i 5 10 I $500.00— 5425.00 1 52.500_00 $4,250A0 �WII9 I SERVICE POINTS QOUBLE IM6 i FIRS HYDRANTS EACH t EACH: _ 44 LL_ $604.00 1 $2 35d.0U I 526.400.00 i Sib 450.00 W11 IBLOWOFF EACH 1 3 1 S30d.90 1 $900.00 W12 (TEMP JUMPER W13 SAMPLE POINTS ME) i EACH, FACH I 11 10 $800.09Y 5250.00 5800.00 $2,500-00 _ SUBTOTAL: 1 1 $172,261.40 24 -Jan -00 C> M iolm POINTE WEST CONSTRUCTION ESTIMATE POINTE WEST NORTH VILLAGE PHASE t FELIX 24 -Jan -00 ITEM DESCRIPTION PAGE 3 UNIT QUANTITY' UNIT PRICE EXTENSION M1 P.V.C. 3" L.F. 1 QUO . R U.su Juu.uu M2 P.V.C. 2" L.F. 1,000 - $1.75 ! $1.750.00 M3 ! P.V.C. 3" INSTALL ONLY} L.F. ;_ 1,000 $1.55 ! $1,550.001 M4 P.V.C. 2" INSTALL ONLY} L.F. 1 1,000 1 _ $1.10 " $1,100m " M5 MAIM. BOND UTILITIES 25% L.S. 1 51 500.00 S1,500.01) I MB MAINT. BOND RG & DRAINAGE L.S. 1 ' i SUB -TOTAL I $804.00 1 NORTH VILLAGE TOTALI ! 022 440 24 -Jan -00 i tel• CI FIDELITY FEDERAL SA'V'INGS BANK OF FLORIDA rxxEWCABLE I CTT ,R 12 CR IsDr7 N0, 295-38808 Indian River County Dale: Fcbruar, Z;. 20t)t} Board of County Commissioners 1840 25"' Street Vero Beach, FL, 32960 Gentlemen: By order of our client, Pointe West of Vero Beach, Ltd., a Florida limited partnership, Fidelity Federal Savings Bank of Florida hereby establishes an Irrevocable Letter of Credit No. 295-38808 in your favor in the amount of S1,263,347,09 effective as of February 8, 2000, and expiring at our office at the close of business on February 8, 2001. '. nis Letter of Credit is provided to you as required under the Contract for Construction of Required Improvements between !'nine 'West of Vero Beach, Ltd., a Florida limited partnership and Indian River County, relating to the Pointe '*,*'es( Forth Village, Phase l P.D. which contract is numbered PD-99-10-15-A(99070081*008). Fidelity Federal Savings Bank of Florida shall make funds available under this credit to you not exceeding in the aggregate the amount of this credit against your sight draft to us mentioning this Letter of Credit No, 295-38808, accompanied by a resolution of the Board of County Commissioners to the eff ct that Pointe West of Vero Beach, Ltd., a Florida limited partnership has defaulted under the terms of the ttfr+rcuientioned contract for construction of required improvements, and that the amount of llic draft represents the amount required by the Comity to fulfill the performance of said conlract for the construction of required improvements. Drafts presented for payment under the credit shall be marked. "Drawn on Irrevocable Letter of Credit No. 295-38808 of Fidelity Federal Savings Barak of Florida." This letter of credit sets fotth in full the tennis of our undertaking. Such undertaking shall not in any way lye ntntliftcd, amended, or arnplilced by refcrence to airy document. instrument, or contract referred to herein or in which this Letter of Credit is referred to or to which this Letter of Credit relates and any such reference shall not be dcct►icd to incorporate herein by reference any document, instrument, or contract. M.T11t iNCiI MA'i�1t:F,; f31.� 21nturaStrrcl, Vltcsti'alm.ilcnch, i�lorrla 3?h01-riF7�1 Irrcrrrt-41 40 Fidelity federal Savings Banff. of Florida hereby agrees that your sight draft and resolution as mentioned above shall be duty honored and payment made upon due presentation to our office located at Fidelity Federal Savings Bank of Florida. c/o Joseph B. Shearouse, Ill, 218 Datura Street, West Palm Keach, Florida, on or before February 8, 2001, Except as far as otherwise expressly stated herein, this letter of cr-dit is subject to the Uniform Customs and Practice for Documentary Credits (1483 revision) International Chamber of CoInmere e Publications No. 400. -fIfDEUTY i 1[iE1fLA AV GS SANK OF FLORIDA Joseph She' e, { Senior ice Preside STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this '1 41— day of February, 2000, by JOSEPH B. SHEAROUSE, IiI, as Senior Vice President of FIDELITY FEDERAL. SAVINGS BANK OF FLORIDA, who is personally know„ !o maorproduced as identification. Notary Public, State oFlorida !- My Commission expires: AU�6• niA�ta �;tetsetd,Iaatau '00MID1Mlion 0 Ca R2933a- = =IFaWas lune 11, 2001 r-' Bonded Thos , AtIontle Bending Co., Ino. 1'J7lf I°IUELI'n' ITI)ERAt, SAVINGS RANK OF FLORIDA hlsurr a,