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Home My WebLink About2000-339i 4111111111 r0X1MSl+i> W1t.iiGA1.Mif—Mml ` colporaie, for use lvlth 1 - 389 �JJ 8 9 iettcrofCredit �! CONTRACT FOR CONST UCTIC}N OF REQUIRED IMPROVEMENTS NO. SD098-06-06-CFC (98010101) - THIS CONTRACT, made and entered into this i! day of 2000 by and between GHO Vero Beach V, Inc„ a Florida corporation, 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 subdiviston 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 Lindsey Lanes Subdivision — Phase II -A; 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 CONTAINED, the parties agree as follows: 1. Developer agrees to construct on or before _ '2�12S ZCXJ� in a good and workmanlike manner, those improvements described as follows: See Exhibit "A" attached hereto. or otherwise required by the Indian River County Code 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. tiyd`` 40 M • 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 part 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 (90) 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 7_ 19 s3: as p ]a-,roN�t r�A..�u- as the underwriting bank, in the amount of $ � g• L_ 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 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. 4. Lip 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, 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 fording as to compliance with all 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 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 • Cl 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 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 letter(s) of credit for the final total cost of the improvements. Developer shall remain wholly liable for any resulting deficiency, should the letter(&) of r,; edit 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 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 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. i El M IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written. WITNESSES: sign vut"�4!e n print named to .11. zli ■:. ATTEST: Jeffrey K. BSton, Clerk B`x. t Deputy Clerr APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 7 ' By -.A William G. Collins II Deputy County Attorney GHQ VERO BEACH V, INC., a Florida corporation j� r r DEVELOPER By:�_ (signLure ot President, Vice President or Cgief Executive Officer) (typed name and title) (affix corporate seal) INDIAN RIVER COUNTY, FLORIDA Fran B. Adams, Chairman Board of County Commissioners 8CC Approved: November 14, 2000 4 Ow 4§0 P.E. EXHIBIT "A' P-6 ll I?p Lindsey Lanes Phase 11 jilt Price price_ mount Concrete ads at gate valves EA 2 $ 0. $ S 600.00 300.00 �p �Turrj re �moval at phase 1 EA 1 $ 500.0 500,00 Construct "rr'�Iu �msr0u�hasa 2 EA— 2 $ 25.00 $ 50.00 Ms —fire hydrant Install RPM's at -n EA $ 1.7 $ 2,74T —F-6 Ea@ ht 91 f w�-y--7—OF— Finish n --- -6-md)-----_T—S — I — 1570. 1 $ 200.00 $ 200.00 Reset fire hydrant at lot 27(crao - 1 $ 300.00 $ 300M Complete cross drain at 17PI. ve LS 1 366-00 $ 300.00 Coni plate sanity sewer otean-outs LS -- 3 F 200M $ 600.00 —300.00 Ste sin —$jOo.6(57j Sto bar LF 1-5-0 $ 100 $ 300.00 st-Tri in BY 7177: $ 1.3d7$---9,336iO Sod 120.00 720.00 Street sign EA 4i $ 1MOO 1 $400.00 Objectmark LS 1,000.00_ r $ 1,000.00 As built surve LS 1 $ 2,000.80 $ 2.000-00 Testi nq a Wide - 9 stabilized shoulder SY T—$65,69&00 P.E. EXHIBIT "A' P-6 ll I?p 1M FA Ti p FXF'ETa, 1-'.11' ___ ___._.______�___.___.-.• . _ -- - .. _-,-----_--------______—.__------. .... OL ".i1 10.7 BrNEi-i:•I.,"'^v .:..,_. APPLICANT :FJ?IAF' R! 'FR Cr UNI r C,HO JLV0 DEACH V. INC I;OARP ar CIVNTY ;I:•:I1F !,„r, r' '_5670 C;C'ETPORATF WnY TC140--ITI-t `.7 PE r-1 WFST PALM BEACH, Fl -34U7 :'GS,Q Or EN TL EMf� �: 3Y rj!:DE .Jr (0113 +LIEF, 0'-- �.F1 W INC . I - tri I UNION NATIONAL BANE-. HEREBY E!',r`VL151dL5 -,N IRlJ' %'G(: ,11l.p. I ):.ITER i?f` CREDIT NO SM4144:j:1C: IN YOUR FAVIR; Ti THF �rR7f 1Tv ` tilt 1-;30, ',2"?:? 14 EF I'LC I I •,'f AF; [_IF [JC: TOBER 10. 2000 AND EXP IR INC A I 'TIFw 9T-r--,Ct THE CLfY3F CIT 6'l',-;1fNFSS IJN .1AIRIARY 31. 2002 THIS-, LE1 `c_H LII C*R? -1?IT T!' F'1."1.'[DEP 1C) YiJU AS REQUIRED UNDER TF1- CC)NIFZAC.T ”-UF+ rUNSTfi -:'.°''ON OF RT-TWEEN C+HU VERO BEACH V, INC i.TJI) [NDIi,)•, F?1WIaR cul.., -ay. fiFL.Al TN:: 11' ''.P I-i[•PFF V I ANIS t?LITIAIVIsiam — PHASr ii—r, vmc ri CONTRACT 'S 'NUT9BENI_I) 51i—+t1-:) +_!7r C['?' V0010101) FIR5TL1Ntr"11N NATION �L DA1,4%-•iIALL MAIII. 1-UNDS AVAILABLE UNDER THIS CREDIT TO YOU 1•I0T EXCL DING IN THL AGGF*. 'ATI TI -IF AMOUNT OF THIS CREDIT AGAINSTYOUR SIGHT DRAFT TO !JS MENTIONING 1I115 LETThR Or CREDIT NO SM4144:32C, ACCOMPANIED rY A REwOLVTIL,14 OF THF BOARD (IT CUUNTY (OMFII55IONFRS TO THE EFFECT THAT GHO VERU UEACH V, INC HAS DEF"AULTE.I', UNDER T1 -IE TERM5 OF THE ArCRI MENTIONED CONTRACT FOR CONSTRUCT'ION OF REEQUIRIEII IMPROVEMENTS, AND THAT THE AMOUNT OF THE DRAFT RTPRF'aEIvT' THE AMOUNT REOUTFtrl) BY THE COUNTY TO FULFILL THE PERFORMANCE OF SAID `;DNTRACT FOR IHE C014STRLJCT ION OF RtOUTRED IMPROVEMENTS DRAFTS PRESENTED FOR PAYMENT UNDER THE CREDIT F;14ALL BE MARKED, "DRAWN ON IRREVOCABLE LETTER OF CREDIT' NL' SMa1443:IC Op- F -IR 3T UNION NATIONAL BANK. 6 - 'HIS HIL L T. T I T2 OF CIiEI?I T TSE `?: f f+R TH T N FULL THE tERMa OF OUR UNIJERTAFC ING ANT? 3UC`-p UNL:• ,JTAKING =JIALL ;3lll T1l AN'r WAY UE MOI)II•IED, AMENDET) OR AMPLIFIEL) 13' REFERI'NCE TO :,NY D0001 -1I1,'1' OR IN'.;TFIUMENT REFERRED TO HERLIN OR IN WHICH THE'S LETIF:R 13F cREIIIT RL-Li,IF9 AND API',' I.UCH REFERENCE SFIj',LT_ NOT SE DEEMED .0 INCQRPORAIE HLREIN U'r EiE-.FIRFNGE AN',' VOCUMENT OR INSIRUMETNT WE HERE?.- AGREE WISH YOtl lliAT PRAF)+5, DRAWN UNDER AND IN COMPLIANCE W11H lHE "FRMS A" -'I) CONDTTEOIdL' OF IHIS C:RED1 F '114ALL BE DULY )ILINORLD IF PRESENTED T('1GL.THER WITH DOC'AiENT(S) AS SPECIFIED ABL)VF- AFlD THE ORIGINAL OF THIS CREDIT, AT 00P ")FT -ICE ON OR BErORE THE AFDVF 7-TATT`11 EXPIRY DATE C-0(:UM1-:Nt,: MAY BE PRESENT[ I1 •%I [ I THI H CIF OUR FOLLOWING LUCAI fONS", 111TLkNATiONAL. DIVI'SION URP4 UR - INTERNATIONAL DIVISION 8739 RESFARCH DRLVF•. 200 S. BISCAYNE HOUL.EVARD CHARLOTTE. NC 20.1.1.,-2-0742 MIAMI, FL 33131 EXCEPT A'. OTHERWISE EKPRESS1. Y 57AIF D HEREIN. THIS LETTER OF CREDIT i5 5uciE.CT TO THE 11NIFORM ClkiTDM'S AN11, PRACT iCi F()R DOCUMENTARY CRLDITS, ESl'AEILISHE.D BY THE INTFF%,NA'TIONAL CHAME11-P 134- COMMLi CL, AS IN EFFECT ON THE DATE or ISSUANCA CIF THIS t-RFDTT SINGERLL"• ,'.UTMJN I c F [i 51 GNr, F J'(L L! JN NAT I L);w,11_ r October 19, 2000 RECEIVED The Honorable Fran B. Adams County OF COUNTY FDLE 410-3 40 P ooridp Deparintent of Office of Criminal Justice Grants Mailing Address: La%v Enforcement Oi7icc of Oiutinal JUSlieC Crant5 Florida Dc1+artment of Law Enforcement 1819 Miccosukee Commons Jaines T. "Tint" Moore Thllahmssce, Florida 32308 Commissioner ts54J 410-8704 October 19, 2000 RECEIVED The Honorable Fran B. Adams County OF COUNTY Chairman, Indian River BOARD C'C M M IBS i t7 N Board of Commissioners 1840 Twenty -Fifth Street Vero Beach, Florida 32960 Re: 01-CJ-J1-10-40-01-1531Stibst�nce Abuse Administration Grant Dear Ms. Adams: The Florida Department of Law Enforcement is pleased to award a By me State and Local Law Enforcement grant in the amount of $15,777 to your unit of government. These funds shall be utiG7ed to implement a Byme Program under Purpose Area ADM - Administration. A copy of the approved subgrant application with the above referenced project number and title is enclosed for your file. All correspondence with the Department should always refer to the project number and title. Your attention is directed to Section H of the subgrant which is the "Acceptance and Agreement". These conditions should be reviewed carefully by those persons responsible 0 for project administration to avoid delays in project completion and cost reimbursements. Also, you should review the enclosed Subgrant Award Certificate. "This certificate contains important information regarding Section ]-I that applies to this grant award. "flee enclosed C'erliiicate of Acceptance should be completed and returned to the Department within 30 calendar days from the date of award. -This certificate constitutes official acceptancc of the award and must be received by the Department prior to the reimbursement of any project expenditures. C omntirled ru Servicc . Inlegrio, . Res1XV . Oeofir}-