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Home My WebLink About2015-112SECOND PHASE CASH DEPOSIT AND ESCROW AGREEMENT FOR COMPLIANCE RE: WILD TURKEY SAND MINE SP -MA -07-10-34 (2004120019-59695) hbE 6u0 'ERTIFlCATIWN ON LST PAG J.R. SMITH. CLERK THIS AGREEMENT is entered into this Ind day of June 2015, by and between Wild Turkey Estates of Vero, L.L.C., a Florida limited liability company (Developer), Duane C. Pankratz, party posting security (Funder), and INDIAN RIVER COUNTY, a political subdivision of the State of Florida (County): WITNESSETH: WHEREAS, Developer is mining certain property within Indian River County and is required to post security insuring compliance with the requirements of the approved mining site plan; Indian River County Code Section 934.07; and restoration of the site; and WHEREAS, in March, 2011, Funder posted $49,800.00 cash to guarantee compliance with the requirements of the approved mining site plan for Phase I; said Phase I having since been restored to the satisfaction of the County based on site inspection; and WHEREAS, Developer is now desirous to move into the next phase and Developer and Funder wish to transfer the entire $49,800.00 cash being held by County, from Phase I to the next phase (second phase), NOW, THEREFORE, in consideration of the agreements, promises, and covenants set forth herein, and other good and valuable considerations, the parties hereto agree as follows: 1. The Developer and Funder agree to the transfer of the entire $49,800.00 from Phase 1 to the next phase (second phase) as depicted on the attached map; said sum shall continue to be held in escrow by the County Office of Management and Budget (Escrow Agent), but earmarked/obligated for the second phase, subject to the terms, conditions and covenants of this escrow agreement as assurance that Developer shall perform in all respects the obligations of Indian River County Code Chapter 934 with respect to site plan compliance. 2. Upon completion of the restoration of each mine phase, the Developer or Funder may obtain a disbursement from the escrow account by making a written request to Indian River County's Community Development If R E CON ;ERTIF!CATIONONLAS PAG[ R. SMITH. CLERK Director. The request shall specify the amount of disbursement, and shall be accompanied by a sealed certificate from Developer's engineer that the mine is in compliance and has been restored in accordance with the most recent set of plans approved and on file with the County. 3. Within seven (7) working days after receipt of a disbursement request, the Community Development Director shall cause an inspection of the work for which payment is sought. If the Community Development Director is satisfied in all respects with the condition of the site and certifications, the Community Development Director shall deliver written notice to disburse to the County Office of Management and Budget. Upon receipt of the notice to disburse, the Office of Management and Budget shall make the disbursement described therein directly to Funder (the party that posted the funds), or its legal representatives, heirs, successors or assigns, absent bankruptcy, court order, or an assignment. 4. Upon failure to comply with all the requirements of the site plan approval, including but not limited to unapproved off-site discharge of water, failure to confine hauling to approved hauling routes, operating in violation of the safety/security plan, excavating within required setbacks, mining of additional phases prior to restoration of the previous phase, and activity not consistent with permits issued by other jurisdictional agencies; or if Developer fails to perform all or any part of the obligations of restoration and reclamation, including, but not limited to mine abandonment prior to restoration, restoration not completed within the approved time frame, restoration not consistent with Chapter 934 of the Indian River County Code, and restoration activity not consistent with permits issued by other jurisdictional agencies, the County may utilize escrowed funds to achieve compliance or restoration. All funds remaining in the escrow account at the time default is declared by the County shall be available for use by the County. Said funds shall be disbursed to the County upon receipt by the Office of Management and Budget of a certified copy of a resolution of the Board of County Commissioners stating that Developer has failed to comply with Indian River County Code Chapter 934 site plan or restoration conditions of the mining approval, and that said funds are necessary to achieve compliance. All funds disbursed to County in excess of the final amount determined necessary by the County shall be returned to Funder (the party that posted the funds), or its legal representatives, heirs, successors or assigns, absent bankruptcy, court order, or an assignment, at the completion of site restoration 5. Any interest earned during the term of escrow, less administrative expenses, shall be disbursed at close of escrow unless necessary for County to utilize in cure of developer's default. 6. The funds deposited hereunder exist solely for the protection, 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 contractor, subcontractor, laborer, materialman, architect, engineer, attorney or other party providing labor, material, supplies, or services to Developer and/or Funder while aha COP ERTIF!CATION ON LASTPAGE +.P SMITH. CLERK such funds remain subject to this escrow agreement. The County shall not be liable to any of the aforementioned parties for claims against the Developer relating to the approved mining site. 7. Alternate security, in the form of performance bonds or letters of credit, may be substituted with the approval of the County Attorney. 8. This Agreement is the full and complete understanding of the parties and shall not be construed or amplified by reference to any prior agreement, discussion, or understanding, 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, and executed by authorized representatives of each party. IN WITNESS WHEREOF, the parties hereto have set their hands and seals. The effective date of this Agreement shall be the date of approval by the Board of County Commissioners. Signed in the presence of: sign name: / C rz 4,L. M c3k4 print name: -et ra l.. 114 • sign name: ijfk & (44_J1d1qJ, WILD TURKEY ESTATES OF VERO, L.L.C.. a Florida limited liability --company 11A -c C 12.4- print name: �y y, `%4(` da Duane C. Pankratz, Manager Date: 5- ,V6 (1 DEVELOPER Signed in the presence of: sign name: print name: A.s4c.dra. L.NAirift sign name:' print name: Date:-2Ajc-/5 jf 55t By: C '- Duane C. Pankratz ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: e Deputy Clerk # h i COPY fLr ftiCATi~1NGNLAST PAGE ?.R SMITH. C ERK BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Wesley S. Davis, Chairman BCC approved: June 2, 2015 (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY: _ By: v Dylan Reingold County Attorney .b,,, 008-62, UIXV u,� o ,O„ NT3a OS„,ce3L,n •W.,6 NVIOW ,,,, .. .n tiom aux: UMW AvrRRNxY7 • :WWII GM • aoe2in5rt 111.l•WIS a ba0 �'0'T1 oavoaois 8 31LLIS '3>IltlHOS NVId NOIIVOIUN 3SION GPI '1Od1NO3 ISII0 'NOUN3A3dd Noilmlod al1VM)1 OIS 3 NIW ONVS A3)(Nfli OIIM 1 • le 01 Z. ' M FLORIDA ... a/ER COUNTY THIS IS TO CERTIFY THAT HIS IS A TRUE AND CORRECT CO'Y OF THE ORIGINAL ON FILE IN HIS' OFFICE. FFREY R.�� CL RK ti D.0 R9 ft 1 yp V -- p 6i 1 a . a 4 9 i ! 5 0 i !;,1 e i : xa1 i: Ill 1 II! 1 ��' ! i e i i. !ii/p0,” i➢! a i el Ii i ' i !:; E 1 1 ii i II! t E lgiii9ii6 ' ;II i a it i' hi lii gill; 1 I xl 1 ill 1 I t �P'ai.E q �� 1, l �P t� i E`l� 1p l kill gi R illi: !H p: 114;;: . i i;1 0 i 1 a lilE iii i ill'i�Z!°¢yVil 1 aB Mei l 1,€{1I1 €; ti! =!iii', i i ti I R1 1 tpi; "!' 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