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FORMS (apreel)LEGAL(WGGAhm) J
corporate, for use with
cash deposit and escrow
agreement
CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS
NO. PD -98-09-15(98060217)
THIS CONTRACT, made and entered into this b4A, day of
2004, by and between GHA ST. JOSEPH'S ISLAND, 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 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 St. Joseph's Island — Grand Harbor Plat 2.2, a Planned
Residential Development; 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 Novein
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
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County, Florida upon the final approval of the Board of County Commissioners and
made a part hereof for all purposes.
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 executed cash deposit and escrow agreement, in a
form to be approved by the County Attorney, between Developer and the Indian River
County Office of Management and Budget, as the escrow agent, in the amount of
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 escrow deposit 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. Up to $1,640,000.00, 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 finding as to compliance with ail 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
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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 fiver 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 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 funds in escrow deposit shall be 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.
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 cash deposit for the
final total cost of the improvements. Developer shall remain wholly liable for any
resulting deficiency, should the cash deposit be exhausted prior to completion of the
required improvements. In no event shall the County be obligated to expend public
funds, or any fund other than those provided by the Developer to construct the
required improvements.
8. Any cash deposit 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 bath parties.
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals on
the day and year first above written.
WITNESSES:
sign:,F%�t'
print name: DAWN M. DALTON
sign:
A T: Jeffrey K. Bart
Deputy Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
By: ' J-( ee(
William G. Collins II
Deputy County Attorney
{GHA ST. JOSEPH'S ISLAND, INC.,
a Florida corporation
DEVELOPER
Peter J. Henn, President
(affix corporate seal)
INDIAN RIVER COUNTY, FLORIDA
By:
Fran B, Adams, Chairman
Board of County Commissioners
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EX BET "A"
COST E§'TIMATE
for uncompleted work within the limits of the putt for "St. Joseiph's Island -Grand
Harbor Platt 22, a Planned Residential Develop+tnent" b support a Contract for
Completion of Improvements
1. Roadway asphalt (second lift % inches thick) 700 sy Q $3,75/sy
$ 2,+625.00
2. Landscaping within roadway median circle Lump sum
S 1,000.00
3. Site Lighting Lump sum
$ 2.500.00
4. Remove filter cloth and clean catch basin gutter inlets S-7 and S-8.
S 400.00
5. Clean roadway and curb of sand and debris.
S 200.00
6. Clean all yard drain systems.
$ 400.00
7. Grade and sod areas between buildings per approved stomtwater plan
Lots fall
$ 600.00
Lots 12113
S 300.00
8. Remove form boards from mitered end section between Lots 9 and 10.
S 100.00
4. Repair concrete around valve at fire hydrant.
$ 150.00
10. Grade Lot 14 per approved stormwater grading plan.
S 800.00
11. Remove silt fences after slope is sodded and wash-out repaired.
S 300.00
12. )Upland Buffer Landscaping (14 lots x $1,100,0011ot)
S15AQQ.00
$24,775.00
Engineering and Surveying (10%)
S 2,477,50
$27,252.50
Band required (15%)
S 4, 87.88
Performance Bond Total
$31,340.38
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Stephen P.E., FL 1!33143
MASTS LER & MOLER, INC.
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