HomeMy WebLinkAbout2003-074 -T
(PLAN )LEGAL(WGC/nhm )
Pointe West Central Village , Phase III , P. D .
CONTRACT FOR CONSTRUCTION OF
REQUIRED SIDEWALK IMPROVEMENTS
NO . PD =02 =02 =04 =SIDECFC/ PH3 ( 99070081 =31492 )
THIS CONTRACT , made and entered into this 1 st day of
Apri 1 , 2003 , by and between Pointe West of Vero Beach , Ltd . , a
Florida limited partnership , 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 previously commenced proceedings to
effect development of land within Indian River County , Florida ; and
WHEREAS , a Final Plat for the development within the
unincorporated area of Indian River County shall not be approved 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 previously requested the approval of the
Final Plat for Pointe West Central Village , Phase II P . D . ; and
WHEREAS , the required sidewalk improvements are to be installed
after Final Plat approval , 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 by November 12 , 2004 , a date
being within two years of approval of Final Plat , in a good and workmanlike
manner, those improvements described as follows :
See Exhibit "A" attached
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or otherwise required by the Code of Laws and Ordinances of Indian River
County in connection with the approved Preliminary Plat and Land Development
Permit , which are incorporated by reference into this contract .
2 . Developer agrees to construct said improvements strictly in
accordance with County policies for sidewalk construction as those policies
relate to location , method and type of construction , 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, naming Developer and the
Indian River County Office of Management and Budget, as the escrow agent, in
the amount of $ 35 , 645 . 40 , 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 except as provided in Indian River County Code Section
913 . 10 (4 ) (B ) . 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
sidewalk improvements , including all those improvements to be constructed on
existing publicly dedicated or County owned property.
5 . The County agrees to approve the Final Plat , upon a finding
as to compliance with all applicable provisions of the County's Development
Regulations and - Ordinances and upon execution hereof. However, nothing
herein shall be construed as creating an obligation upon the County to perform
any act or construction or maintenance 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 representative , after receipt of a signed and sealed
Certificate of Completion from the project engineer of record .
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6 . The County agrees to issue building permits and Certificates
of Occupancy prior to the installation of required sidewalk improvements so long
as Developer is not in default of the terms of this Contract .
7 . In the event the Developer shall fail or neglect to fulfill its
obligations under this contract and as required by the Code of Laws and
Ordinances of Indian River County , Florida , the Developer, as principal , and the
funds in escrow deposit 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 .
8 . 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 funds other than those provided by the Developer, or the letter of credit to
construct the required improvements .
9 . 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 .
10 . 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 .
POINTE WEST OF VERO BEACH ,
LTD . , a Florida limited partnership
By: POINTE WEST OF VERO
BEACH , INC . , General Partner
By
Charles Mechling , President
DEVELOPER
INDIAN ER COU RIDA
By
neth R . Mac t , Chairman
and of County Commissioners
COUNTY
ATTEST: Jeffrey K . Barton , Clerk BCC approved : Apri 1 1 , 2003
Deputy C rk
(seal )
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
William G . Collins II
Deputy County Attorney
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n .�
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
DATE : February 26 , 2003
TO : William G. Collins , II, Deputy County Attorney
FROM : Christopher J. Kafer, Jr. , P . E . , County Engine
SUBJECT : Pointe West Central Village Phase III — Reques for Bond Reduction
I have reviewed the submitted request for bond reduction for the above subject project.
It is my understanding that the original cash bond was for $ 57, 039 . 22 ($49 , 599 . 32 X 115 %) and it
was posted for improvements not completed at the time of Final Plat.
Our investigation showed that the following items are not yet completed and still need to be bonded :
R6 Sidewalk, 18 ' X 6" — 120LF @ $ 36 . 00/LF = $ 49320 . 00
R8 Concrete, 4 ' X 4" — 2 ,470LF @ $ 10 . 80/LF = $26 , 676 . 00
$ 309996 . 00.
X 115%
$ 35 , 645 . 40
I recommend that $ 35 , 645 . 40 be retained as a cash bond for the above subject items and that
$ 21 , 393 . 82 be refunded to the developer.
Please contact me at extension 1221 if you have any questions .
CJK/ktp
cc : James W. Davis, P . E . , Public Works Director
Wilson Wetherington, Engineering Technician
Jason Brown, Manager, Office of Management & Budget
Steve Melchiori, P . E . , OnSite Management Group
FILE
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FAEngineering\Land Development Permits\Pointe West Central Vil , Ph III-Memo Attorneys-bond reduction-cjk.doc
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PLAN LEGAL(WGC/nhm )
For use with Contract for
Construction of Required
Sidewalk Improvements
Pointe West Central Village , Phase III , P . D .
CASH DEPOSIT AND ESCROW AGREEMENT
THIS AGREEMENT is entered into this 1st day of Apri 1
2003 , by and between Pointe West of Vero Beach , Ltd . , a Florida limited
partnership ( Developer) , and INDIAN RIVER COUNTY , a political subdivision of
the State of Florida (COUNTY) :
WITNESSETH :
WHEREAS , Developer has effected development of land within Indian
River County and is required to provide surety supporting a contract with the
County for the construction of certain required sidewalk improvements related
thereto ;
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 has tendered to the County Office of Management
and Budget ( Escrow Agent) the sum of Thirty-Five Thousand Six Hundred
Forty-Five and 401100 Dollars ($ 35 , 645 .40 ) , the receipt whereof is hereby
acknowledged , which sum shall be held in escrow by said Office , subject to the
terms , conditions and covenants of this escrow agreement as assurance that
Developer shall perform in all respects the obligations set forth in the
aforementioned Contract for Construction of Required Sidewalk Improvements ,
which agreement is attached hereto and incorporated herein by reference
(Contract) .
2 . Upon completion , the Developer may obtain a disbursement from
the escrow account by making a written request to the Board of County
Commissioners of Indian River County through the County' s Public Works
Director. The request shall specify the amount of disbursement desired and shall
be accompanied by a sealed certificate from Developer' s engineer describing the
work completed , the actual cost thereof, and that the work for which
disbursement is requested has been completed in accordance with County
policies for sidewalk construction as those policies relate to location , method , and
type of construction .
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3 . Disbursement shall occur only after issuance of a Certificate of
Completion in accordance with the Indian River County Code .
4 . Within seven ( 7 ) working days after receipt of a disbursement
request , the Public Works Director shall cause an inspection of the work for
which payment is sought . If the Public Works Director is satisfied in all respects
with the work , the accompanying cost estimates and certifications , the Public
Works Director shall deliver a 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 Developer.
5 . Upon default by Developer under the Contract , the County may
elect to pursue any of the remedies made available therein . All funds remaining
in the escrow account at the time default is declared by the County shall be
available for use by the County in accordance with the Contract . 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 defaulted under the Contract and that said funds are
necessary to complete the required improvements . All funds disbursed to
County in excess of the final amount determined necessary by the County to
complete the required improvements shall be returned to Developer, its legal
representatives , successors or assigns .
6 . Any interest earned during the term of escrow, less administrative
expenses , shall be disbursed to Developers at close of escrow.
7 . 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 for construction of the required
improvements , while such funds remain subject to this escrow agreement , unless
and until the County shall agree otherwise in writing . The County shall not be
liable to any of the aforementioned parties for claims against the Developer or
contractor relating to the required improvements .
8 . This Agreement, together with the attached Contract , 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 hereon or hereto shall be in writing , and executed by
authorized representatives of each party.
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IN WITNESS WHEREOF , the parties hereto have set their hands and
seals . The date of this agreement shall be the date of approval by the Board of
County Commissioners , as first stated above .
POINTE WEST OF VERO BEACH , LTD . ,
a Florida limited partnership
Witnesses : By: POINTE WEST OF VERO BEACH ,
INC eneral Partner
By: _1 �.
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pante name : - Ci,. (cpj Charles Mechling , President
DEVEL ER
drted name : Date : 3 / 25 / 03
OFFICE OF MANAGEMENT AND BUDGET
By:
Jason own
Budg t M nager
Date : 3 2�
BOARD OF COUNTY COMMISSIONERS
OF ;en6neth
DIAN IVER COUNTY , FLORIDA
By: I � ?7 N �1 � /7 � /
R . Ma t, Chairman
ATTEST: Jeffrey K. Barton , Clerk BCC approved : April 1 , 2003
Deputy Clerk {'
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By: G� �«-/
William G . Collins II
Deputy County Attorney
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