HomeMy WebLinkAbout2003-185.A.1 High Hawk of Vero Beach Phase 1 LEGAL(WGC/nhm) • .
for use with
letter of credit
CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS
NO . SD =98 =06 -06 -CFC (98010101 =34528)
THIS CONTRACT, made and entered into this c2 ? day of
JULy , . 2003 by and between TRADE WIND COAST DEVELOPMENT,
L. L. C . , a Florida limited liability company, 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 High Hawk of Vero Beach Phase 1 ; 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
Dec ` �� aod3 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
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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 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
/J/ y ,r/00✓/7TG as the underwriting bank , in
the amount of $25 ,399 .25 , 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 unless approved in
writing by the County's Public Works Director pursuant to Indian River County Code
Section 913 . 10 . 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 Countyuowned property,
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 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
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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
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(s ) of credit 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 .
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IN WITNESS WHEREOF , the parties hereto have set their hands and
seals on the day and year first above written .
TRADE WIND COAST DEVELOPMENT,
L. L. C . , a Florida limited liability company
DEVELOPER
401,
na e :
title : anager ember
(affix corporate seal )
INDIAN RIVER COUNTY, FLORIDA
B
y:4enneth R . Macht, Chairman
Board of County Commissioners
ATT
BCC approved : August 5 , 2003
By.
Jeffrey K. Barton , Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
h
By: X1
William G . CollinsAl
County Attorney
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PAGE 01 +
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NURSERY AND "� � � �•
LANDSCAPE 772.460. 1539 Office • 772.464-206 FAX • 772-216-8853 Mobile
Office Address: 452 B Grenada St • Ft. Pierce, FL 34949 • Nursery Addrese: 4200 Johnston Rd. • FL Pierce, FL 34951
Landscape Estimate for : 1 / 9 / 03
High Hawk
C / O ; Fieldstone Properties
attn : Richard Marcello
2505 Boston Neck Rd
Saunderstown , RI 02874
tel : 401 - 295 - 0300
mob : 772 - 321 - 3660
Qty Description $ each $ total
385 Wax Myrtle 36 " 3 gal . . . . . . . . . . . 8 . 50 3272 . 50
30 CY Gold Mulch . . . . . . . . . . . . . . . . . . . . . 30 .
00 900 . 00
1000 , Low volume irrigation for shrubs
only no for sod . Water source and
connection to water Source not
included ( WC579 ) . . . . . . . . . . . . . . . �; Op
5245 . 00
sf TBD Bahia sod per sqaure foot price
over 10 , 000 sf per mobilization . 145 / of
( no warantee on sod no irrigated )
NOTE : Please let me know if my Irrigation or Sod sub -
contractors are priced out of line . Because if my plant
prices are good I will speak to my subs _about " getting in
line , " as I db not wish to loose work4due to my subs .
CONDITIONS ( bid acceptance includes conditions ) :
* Deposit requested to secure plants .
* Deposit , contract or signed letter of bid acceptance and
Notice of Commencement on new construction sent to GRN&L
prior to scheduling or plant procurement . Notice to Owner
may be sent on any job .
* Signed changes orders prior to additional work or changes ,
w prices include taxes & owner/ contractor provided + / . 2 "
Site ready grade ( additional labor 25 . 00 / man hour ) and 90
day warrantee immediately after installation .
*
WARRANTER VOID IF ANY OF THS FOLLOWING NOT ADHERED TO i
1 ) a professionally installed 100 % coverage and 100 % daily
operational automatic irrigation system is operating with
pexmanent electrical hook - up , prior to planting , with
bubblers to large trees ( especially 8&B palms ) , and no one
turns off or adjusts and it in operated properly . And a
r ,
HIGH HAWK OF VERO BEACH
COST ESTIMATE TO COMPLETE THE
CONSTRUCTION AS OF 6-24-03
1 Signage & Stri in , $ 1 , 650 . 00
2 Sidewalk along 6th AvenueG' StAl
_ $ 9 , 500 . 00
3 Sidewalk to school $ 2 , 500 . 00 �o
4 Landscape Berm - SW 6th see attached) $ 5 ;245 . 00
%J Sad at back of etirb fV*
6 Sod at south place $ 800 . 00
SUBTOTAL $ - 3;gg- 14, (oq 5 . 00
15 % Contingency $
•» SUBTOTAL $ =- -�- aa , � �f9 •a5
' YY • TY
Engineering Costs (Const. Admin . ) $ 11500 . 00
Surveying Costs ( Final Plat) $ 11250 . 00
TOTAL �. . 7 cz3
A5► aga . as l
CERTIFICATE OF COST ESTIMATE: I , RANDY L. MOSBY, P . E . , .A FLORIDA REGISTERED
ENGINEER, LICENSE NUMBER 22326 , DO HEREBY CERTIFY TO INDIAN RIVER COUNTY
THAT A COST ESIMATE HAS BEEN PREPARED UNDER MY RESPONSIBLE DIRECTION
FOR THOSE IMPROVEMENTS ITEMIZED IN THIS EXHIBIT AND THAT THE TOTAL COST
ESTIMATE FOR SAID IMPROVEMENTS IS $ 65 . 681 . 45 . THIS ESTIMATE HAS BEEN
PREPARED , IN PART, TO INDUCE APPROVAL BY THE COUNTY OF A FINAL PLAT FOR
THE HIGH HAWK OF VERO SUBDIVISION , AND FOR THE PURPOSE OF ESTABLISHING
PROPER SURETY 1 . OUNTS ASSOCIATE / 'HEREWITH .
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1.
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RAN SBY, P . E. #22326 -
7/17/2003 Engineer's Project Number: 01 -338A Page 1
• p � / IL b/ ;1UUJ 5614645416 MARCELL.O
PAGE 02
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hose bib is on and operational on site within 200 , of
Plants so they may be properly watered in .
2 ) 100 % of the payatent is received within agreed upon date
or cosnpletioo .
3 ) care packet guidelines are followed , as well as , the
following water schedules
Ow EVERYDAY FOR 2 w8SK8 . BVERY OTTER DAY FOR 2 WZZKS , 3
MMS PXR WESK FOR THE NR= MOpM , AND AS NEEDED AFTER
THAT . (Au inexpensive water moisture meter is
available from Home Depot type stores for about $ 4 . 00
acid will help tell you when to water ) ,
4 ) notification of dying plants are received BSFORS plants
are beyond repair .
5 ) ao warrantee for heavy clay or marls soil unless we can
Punch through hardpan and backfill with perlite with
these labor and materials as an extra .
6 ) no warrantee if vandalism effects plants or irrigation .
* All claims of any deficiencies of quantities , sixes , mulch ,
workmanship , etc . . , must be made within 5 days of job
completion ; as rain , wind , erosion , pests , pets , wild
animals , poor maintenance practices , etc . . quickly impact
the landscape . Also any claims of initially damaged or
infected plants must be made within 5 days of job
completion , as pests , disease , fungus , etc . , , can be on , or
be introduced to , the site , and can begin effecting the new
plants immediately .
* Lime , Coquina , paint , poisons , cleaners , etc . . left in beds
can kill plants and voids warrantee for those beds .
Picking up after others , including , but not limited to :
mortar , sand , concrete , rocks , roots . and branches , metal ,
wood , and any other garbage or debris , is an extra .
* If directed to , herbiciding weeds and grass does not
guarantee complete weed and grass control and is an extra .
* Service charge of 18 % annually if late pay .
* Installation commences after final grade and irrigation is
in and 100 * operational for warrantee to be honored .
* Drainage problems ( including grading and percolation ) or
Act of God damage including high wind ( 50 + mph ) , lightning ,
freeze , excessive rain , drought etc . . , as well as any
negligence by others besides GRN&L , ie not covered .
* I install per plans and spec s . The zoning acceptability of
plans and / or of any other changes other than plans and
specs , or any changes to the bid , are the responsibility
of the owner /general contractor .
* Sod is billed by what is laid down . Sod estimates are good
for 60 days . We will not go over estimate without approval .
During droughts , soil must be saturated for two days prior
to sod being laid to warrantee sod .
n. 07/ 10/ 2003 13 : 37 5614645416MARCELLO
PA(iE 03
* when GRN&L completes the job , general maintenance is no
longer GRN&L ' s responsibility , unless otherwise agreed ,
Owner is to accept or reject the landscaping within 5
working days of GRNL ' s substantial final invoice , which is
our written notification of lob completion .
* If any contentions , County Extension Agent. will mediate .
* GRN&L is not responsible for theft of anything after it has
been installed .
* Not included unless otherwise agreed : percolation testing ,
fertilizer of plants or sod sod pegging or rolling , any
removal or disposal , field staking , tree protection
barriers , maintenance , berms , mowing , soil amendments ,
soils , etc . .
Thank you for the opportunity to estimate your landscape
needs for this project . Please call me and let me know your
thoughts .
Respectfully submitted ,
Gary Rbents
( signature ac eptinns )g proposal and con (dit
.0 %g
( title oL' B atp
Deposit received in the amount of SOp