HomeMy WebLinkAbout2000-27740
F0RMS(agree6)LEGAL(W GC/nhm)
general or limited partnership
for use with performance bond
CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS
NO. AA -00-06-73 (97090022) CFC
THIS CONTRACT, made and entered into this _L day of
2000, by and between Fairways At Grand Harbor, Ltd., a Florida
limifdd p rtnership, 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 developing land within Indian River County,
Florida, known as Fairways At Grand Habor Phase ll; and
WHEREAS, Developer is required to install required improvements or
guarantee to the satisfaction of the County that such improvements will be installed;
and
WHEREAS, Developer wishes to provide County with a bond against
damages to required improvements resulting from ongoing construction; and
WHEREAS, the required improvements are to be installed 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 on or befor May " ,2000r, -in a good
and workmanlike manner, those improvements described as follows:
See Exhibit "A" attached
or otherwise required by the Indian River County Code.
2. Developer agrees to construct said improvements strictly in
accordance with the land development permit, the most recent set of plans and
specifications 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.
F0RMS(agree6)LEGAL(W GC/nhm)
general or limited partnership
for use with performance bond
CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS
NO. AA -00-06-73 (97090022) CFC
THIS CONTRACT, made and entered into this _L day of
2000, by and between Fairways At Grand Harbor, Ltd., a Florida
limifdd p rtnership, 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 developing land within Indian River County,
Florida, known as Fairways At Grand Habor Phase ll; and
WHEREAS, Developer is required to install required improvements or
guarantee to the satisfaction of the County that such improvements will be installed;
and
WHEREAS, Developer wishes to provide County with a bond against
damages to required improvements resulting from ongoing construction; and
WHEREAS, the required improvements are to be installed 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 on or befor May " ,2000r, -in a good
and workmanlike manner, those improvements described as follows:
See Exhibit "A" attached
or otherwise required by the Indian River County Code.
2. Developer agrees to construct said improvements strictly in
accordance with the land development permit, the most recent set of plans and
specifications 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.
s
Cl
3. In order to guarantee performance of this contract, Developer shall
simultaneously herewith furnish a performance bond underwritten by a surety 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 5 below, in a form to be approved by
the County, with Developer as principal and �Zl_r ZM' jA, .y --as
the surety, in the amount of $16,420.85, which amount is not less than o e hundred
fifteen percent (115%) of the estimated total cost of improvements remaining to be
constructed and warrantied for one year. 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.
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 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, signalization, traffic control, drainage, water, or sewer
improvements.
5. Nothing herein shall be construed as creating an obligation upon the
County to perform any act of construction or maintenance 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 Utilities 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 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 th,,
•
S
•
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.
8. Any guaranty 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.
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals on the day and year first above written.
Fairways At Grand Harbor, Ltd., a
Florida limited partnership
By F ' r At Grand Harbor, Inc.,
WITNESSES: a Flori corporation
Gen I Partner
signature: awe By.
printed names Ray razi o
Vice resident
DEVELOPER
signature:
printed na
17
00
4D
INDIAN RIVER COUNTY, FLORIDA
ByQ'�aM- R c ��
Fran B. Adams, Chairman
Board of County Commissioners
BCC Approved: 09-19-2000
ATTEST: Jeffrey K. Barton, Clerk
(SEAL)
Deputy Cle k
Approved as to form and legal sufficiency
By: k
William G. Collins II
Deputy County Attorney
a•
4b
40
EXHIBIT "A"- FUTURE IMPROVEMENTS
Item
Description
Unit
Total
Units
Unit Price
Total Price
1.
25% of 6" PVC Water Main
LF
1,465
.25 x $9.20
$3,369.50
2.
25% of 8" DIP Water Main
LF
24
.25 x $14.00
$119.00
3.
25% of 8" Gate Valves
EA
2
.25 x $_690.00
$345.00
4.
25% of H Brant Assemblies
EA
2
.25 x 2,100,00---
$1,050.00
5.
25% of 2" Water Service
EA
10
.25 x $550.00
$1,375.00
6.
25% of Fittings & Restraints
for Water
LS
1
.25 x $9,850.00
$2,462.50
7.
_
2" Meter Box
EA
10
$200.00
$2,000.00
8.
25% of 8" PVC Sewer 0'- 6'
LF
367
.25 x $12.00
$1,101.00
9.
25% of 8" PVC Sewer 6' - 8'
LF
284
.25 x $17.00
$1,207.00
10.
25% of Manholes 0'- 6'
EA
2
.25 x $1,450.00
$725.00
11.
25% of Fittings & Restraints
for Sewer
LS
1
.25 x $2,100.00
$525.00
Total
$14,279.00