The URL can be used to link to this page

Home My WebLink About2001-0527-1 F0RMS(agree3)LEGAL(WGGnhm) corporate, for use with performance bond CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS NO. SD -00 -08 -09 -CFC (2000050110-23782) THIS CONTRACT, made and entered into this 26th day of February, 2001, by and between VINEYARD DEVELOPMENT CORPORATION, a 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 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 The Vineyard Subdivision; 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 COVENANT'S AND PROMISES HEREIN CONTAINED, the parties agree as follows: 1. Developer agrees to construct on or before October 31, 2001, in a good and workmanlike manner, those improvements described as follows: See Exhibit "A" attached 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. 4M 4D 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 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 the Nova Casualty Company, as the surety, in the amount of $575,800.91, 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 guaranty 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 $1,000,000.00, 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, bike path, 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 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 c 0 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 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 the 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 implied, 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. • • Cl Witnesses: sign: printed name: Di .4,u L y.., sign -L" a . printed name: ATTEST. Jeffrey K. Barton, Clerk By. Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY. VINEYARD DEVELOPMENT CORPORATION a Florida corporation c2 By: -- - printed name: Mark A. Brackett title: President (seal) INDIAN RIVER COUNTY, FLORIDA By: Caroline D, Ginn, Chairinaff i ByC_tlU.� r William . Coll s If I Deputy County Attorney 40 • Addendum A The Vineyard Subdivision Required Improvements Item Cost Misc. Items Double Frontage Buffer 12,900.00 Required Irrigation 4,875.00 Street Lights & Wiring 18,150.00 Remaining Excavation and Grading 17,800.00 Engineering (previously paid not included) 5,700.00 Survey (previously paid not included) 6,350.00 Required Sod 9,500.00 920 Linear Feet of Sidewalk (5 Feet Wide) 9,200.00 Subtotal $84,475.00 Sewer 1713' flinch gravity ($21.65 per foot) 37,086.45 6' Manholes ($2,650.00 each) 15,900.00 974' of 4 inch force main 9,740.00 11' Single Laterals 4,950.00 13 Double Laterals 6,500.00 Subtotal $74,176.45 Waterline Jumper Connection 1,250.00 Wet Tap 2,600.00 6 6" G.V. 1,980.00 Misc. Fittings & Restraints 6,460.00 11 Single Water Services 3,575.00 24 Double Water Services 12,840.00 3900 Linear Feet 6" P.V.C. 24,800.00 Fire Hydrant Assemblies 3,840.00 Subtotal $57,345.00 Roadways 7360 Linear Feet Miami Curb 55,936.00 1030 Linear Feet Type D Curb 7,982.00 Road Grading 5,700.00 D.O.T. Signs 1,700.00 Road Striping 1,450.00 10144 Square Yards Sub -base (8 inches thick) 24,362.00 8128 Square Yards Base (6 inches thick) 35,138.00 8128 Square Yards Type S-1 Asphalt (1 1/2 inches thick) 38 110.00 Subtotal $170,378.00 Storm Drainage 13 Curb Inlets 16,250.00 8 Manholes 8,800.00 1 Modified Type C Control Structure 1,100.00 304 Feet 15" A.D.S. 3,344.00 720 Feet 24" A.D.S. 15,768.00 60 Feet 15" C.A.P. 980.00 200 Feet 24" C.A.P. 5,000.00 77 Feet 30" C.A.P. with Collar 3,205.00 176 Feet 15" R.C.P. 4,224.00 56 Feet 18" R.C.P. 1,378.00 64 Feet 24" R.C.P. 2,458.00 5 Collars 200.00 Subtotal $62,707.00 Off Site Road Improvements 1124 Square Yards Coquina Base (14" thick) 13,240.00 Excavate, Remove Existing Shoulders 5,100.00 1124 Square Yards Type S-1 Asphalt (l 1/2" thick) 7,200.00 Overlay 43rd Avenue Type S-3 Asphalt (1" thick) 17,600.00 M.O.T. 5,000.00 Stripping 3 4UM Subtotal $51,615.00 Total Required Improvement Cost $500,696.45 Total Bond Amount $575,800.91