HomeMy WebLinkAbout2000-25940
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letter oferedit
CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS —10
NO. SP-MA-98.41-04-LR(97040154-003)
THIS CONTRACT, made and entered into this day of hUaUst , 2000
T,
by and between FIRST CHURCH OF GOD OF VERO BEAINC., a nonprofit corporation
existing 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".
WITNESSETH:
WHEREAS, Developer is commencing construction consistent with an approved site
plan within Indian River County, Florida; and
WHEREAS, a certificate of occupancy shall not issued untii 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 issuance of a certificate of occupancy for a
project to be known as First Church of God; and
WHEREAS, the required improvements are to be installed after issuance of a
certificate of occupancy under guarantees posted with the County.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND
PROMISES HEREIN CONTAINED, the parties agree as follows:
1. Developer agrees to construct in a good and workmanlike manner, those
landscaping improvements along the project's King's Highway frontage as described on the opinion
of probable cost attached hereto as Exhibit "A" within ninety (90) days after notification from County
of County's completion of Phase 11 of the 58th Avenue improvement project.
2. Developer agrees to construct said improvements strictly in accordance with
the land development permit, the most recent set of pians and specifications for this project
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 part
hereof.
3. In order to guarantee performance of this contract, Developer shall
simultaneously herewith furnish an irrevocable letter of credit, 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 [gra rho r F d al ;av; ng aankas the underwriting bank, in
the emount of $53,402.31, which amount is not less than one hundred fifteen percent (115%) of the
estimated total cost of landscape improvements remaining to be constructed. It is understood that
the full amount of the letter of credit shall remain available to the County and shall not be reduced
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during the course of construction without an express written authorization from County. 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.
A. 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, bikepath, lighting, signaization, traffic control, drainage, water, or sewer
improvements.
5, The County agrees to issue a certificate of occupancy upon a finding as to
compliance with all applicable provisions of the County's Site Plan Ordinance and upon execution
hereof. The County shall accept those areas specifically dedicated to the County for the purposes
indicated on the site plan. 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 required 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 the Public Works Director or his designated representative, after receipt of a signed and
sealed Certificate of Completion from the project engineer of record.
6. In the event the Developer shall fait 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 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 tetter(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.
B. Any letter(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 tabor, 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.
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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
shalt 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,
IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the
day and year first above written.
s
A effrey K.-Byarty lerk
Deputy Clerk f
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
By.
William G. Collins i
Deputy County Attorney
FIRST CHURCH OF GOD OF VERO BEACH,
INC., a Florida nonprofit corporation
DEVELOPER
By:
{signature of Pre icte or V. .] r
it cin n.-.} H 7 T n
(typed name and tifej
(affix corporate edj}'ti
.......1.:11,
INDIAN RIVER COUNTY, FLORIDA
Fran B. Adams, Chairman
Board of County Commissioners.
BCC Approved: September 5, 2000
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u0, av,uv ,0 t il'.JL FAX 561 778 3222 URBAN RESOURCE t;i•:irt'1' >.1 ����;'
Job Name Flrst Church of God
Job Number 4704502
OPMU"N OF ProJect Phase Bonding For 58th AVE
—P—R, OBABLECOST Date 25Mav 00 Iry l Mr.
Item
No. Item
LANDSCAPE
1 Cabbage palm (16.22' booted)
2 Slash Pine- 04' x 6`
Quantity
20
35
unit
EA
EA
Unit
Cost
$120.00
$227.50
j Item
Total
$2,400.00
$7.362.50
Category
Subtotal
3 Wax M rlfe (B' x B)
33
EA
$75.00
$2,475.00
4 Shrubs (3 gal. p.)
472
E4
$12.00
$5.664.00
5 Ground Cover (3 al. p.)
5,971
$F
$3.00
$17,913.00
SUBTOTAL
$38,414.50
Mulch
9 Mulch Allowance
2%
$728.29
Sod
7 'Seed and Mulch
87,800
SF
$0.03
$2,634.00
IRRIGATION
B irrigation Heads 1 Lateral tines
148
F�1
$45.00
$6,660.00
TOTAL
$46,436.79
G:\04704502fWPIREPORTSIOPC 5-25.011 X j
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;n Harbor
-•. Federal
AuLlm 23. 2000
Irrevncathle Letter of C'retlit I1257
Indite/ Ri%er County
Board of Counts Cominissicmers
1840 2i`4 Street
Vera Beacls. FL 324114
Dear Sir and/or Madam-
l',r7Ci�ri
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felophono. (56 1) =V, 1
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R;, order of First Church of (;oil of Vero 11eacll, lrtc., !harbor Federal Slrviuyts flank hereby
establishes as Irrevocable Lefler of Credit No. 257 in sour favor in the amount or Fifty Three
Thousand Four Mindred 'f wo and 311100 Dollars ($53,442,31), Ofecim as of August 23,
2000 and expiring at our office at the close of business oil August 23, 2t1U1 %%lilt a prmision lolr
I -%-car autommic reoc%%at
'rhis Letter of Credit is pro%ided to you as required under the Contract lox Construction of
Required Imprownwits bet%%cen First Church of God of Veru Beach, Inc. and Indian Rker
[Chill(%". relatin11 10 the sole plan of First Church of Gott of Vero Beach. Inc. %which contract is-
numbered
snumbered SP-MA-t)X-O1-it-4-1.R (470401544) 13),
This Letter of` Credit shall mitonustically renew tor additional I -%-car periods, unless Ilarbor
Federal Savings Bank pro%ides %%rater notice by certifier! ]trail, return receipt requested, to
Indian River County OnIce of 1%I:lnagetticnl and !lodger. .it 1I1-40 25' Street. Vero Ileach. Florida
32900 of the Bank's iaent not to aulontaticalt)' rens%% the Letter of Credit 90 da%s prior to lite
Letter of Credit expiring. In the event tile' ctjl tornef does Plot pa, ide alternate iectlflt%" wnhitl 30
days of notice, the County shall have the right to dra%% on the Letter of credit noovilkstanding aov
lack of noucomphance.
Ilarhor rederal Savings Batik shall snake totads available under this credit to )ou not exceeding
in the oggregate lite .unount ul'tllis credit against )-our sight drail to us mentioning this fetter of
Credit No. 257. accotnpinicd ly, a tc�okltwll tnftllc hoard otTotuu) Coinllns%lollcr\ to lite etlect
that First Church of God of Vern Beach, Inc. has defaulted under lite tants of the
al'nrcilnclltioned contract Ibr construction of required improvements. and that tho amount of the
droll rep-scrttz the amount required by the Couatt)' to fulfill the performance of .said contrtet torr
the construction tit' regnnred inlpro%enlents. Drails presented for pa%mem under the credli shall
be [[larked. "Drawn oft Irrevocable Letter of Credit No, 257 of Harbor Federal Savings
Bank "
This letter of credit sets tolrlls in full the terns of our undertakings- Such undertaking shall licit In
any way be modified. amended, or amphlied by rct"creacc to a iv documlru
documents. instncnt, or
contract referred it) herein or Pat %%hichl thls I.clier o!'Credit is referred to or to which tilts tetter of
Credit relates and an) such retenncc: ,hall not be (1=11ed to incorporate herein In rcterence Inv
document. Instrument. lir conu:t.t
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llarbor Federal Savings Bathe Iacrchv agrees that dour sight draft and resolution as menuoned
aboa e shall be duly honorcd and payment made upon due presentation to our oliice locatcd I IHI
South Second Street. Fort Pierce, FL 34951), on or before August 23. 2011
Sincerely.
I arbor Federal Savings Bank
Tina M. DcRocher
Assistant Vice President
Commercial Closing Manager