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Home My WebLink About2007-123 AGREEMENT FOR THE CONTRIBUTION OF FUNDS FOR REPAIRS TO 21sT STREET, S.W. 1 THIS AGREEMENT, made and entered into this l th day of April 2007 by and between SHELBY HOMES AT MILLSTONE, INC., a Florida corporation, hereinafter referred to as "Developer", and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County". WITNESSETH : 1 . Developer received preliminary plat approval by the Planning and Zoning Commission on November 10. 2004 for the project identified as: Project Title: Millstone Landing, Phase 1 Planning Number: 2003100068 Project Live-IRC Number: PD-04-04-08 Project Location : 3125 21 " Street SW 2. As a condition of preliminary plat approval, Developer is required to construct 215` Street, S. W. according to County standards. 3 . Developer acknowledges that there are three segments of pavement that do not meet County standards. 4. County acknowledges that any remedial work performed on those segments would only worsen the appearance and drivability of the roadway. 5 . It is agreed between the parties that in consideration of the contribution by Developer to County of the sum of $9,516.25, which sum represents the cost of such remediation, County releases Developer from any remedial work associated with the segments of pavement on 21 ` Street, S. W. 6. Developer acknowledges that the payment of the sum referenced in paragraph 5 above is to be deposited into the Shelby Homes at Millstone Inc a Florida Corporation fund, Account Number 601 -220049 of the County and used toward future repair to 21 " Street, S . W., and that Developer is not entitled to any refund or return of monies associated with this agreement. IN WITNESS WHEREOF, the parties hereunto set their hands and seals thisl Oth day of April 2007. SHELBY HOMES AT MILLSTONE, INC., a Florida corporation B APPROVED AS TO FORM R ey, President AND LEGAL SUFF IEN "DEVELOPER" 8Y iia. ' V41L11AV K. DESRAAL INDIAN RIVER'COUNTY FLORIDA ` ASS ISTANT COUNTY ATTORNEY By ATTEST: J . K. Barton, Clerk Gary C. eler, CJbairma ' By:_( t na 0J -J" BY%0OLKAMmiflatone Deputy Clerk eph A . aird, County Admr istrator COommeNs and Setnngsbob%Local SebngslTernWrary Internet Fil 21st Street SW AGREEMENT BCC 04-02-07Aoc AGREEMENT FOR THE CONTRIBUTION OF FUNDS FOR REPAIRS TO 21sT STREET, S.W. 1 THIS AGREEMENT, made and entered into this l th day of April 2007 by and between SHELBY HOMES AT MILLSTONE, INC., a Florida corporation, hereinafter referred to as "Developer", and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County". WITNESSETH : 1 . Developer received preliminary plat approval by the Planning and Zoning Commission on November 10. 2004 for the project identified as: Project Title: Millstone Landing, Phase 1 Planning Number: 2003100068 Project Live-IRC Number: PD-04-04-08 Project Location : 3125 21 " Street SW 2. As a condition of preliminary plat approval, Developer is required to construct 215` Street, S. W. according to County standards. 3 . Developer acknowledges that there are three segments of pavement that do not meet County standards. 4. County acknowledges that any remedial work performed on those segments would only worsen the appearance and drivability of the roadway. 5 . It is agreed between the parties that in consideration of the contribution by Developer to County of the sum of $9,516.25, which sum represents the cost of such remediation, County releases Developer from any remedial work associated with the segments of pavement on 21 ` Street, S. W. 6. Developer acknowledges that the payment of the sum referenced in paragraph 5 above is to be deposited into the Shelby Homes at Millstone Inc a Florida Corporation fund, Account Number 601 -220049 of the County and used toward future repair to 21 " Street, S . W., and that Developer is not entitled to any refund or return of monies associated with this agreement. IN WITNESS WHEREOF, the parties hereunto set their hands and seals thisl Oth day of April 2007. SHELBY HOMES AT MILLSTONE, INC., a Florida corporation B APPROVED AS TO FORM R ey, President AND LEGAL SUFF IEN "DEVELOPER" 8Y iia. ' V41L11AV K. DESRAAL INDIAN RIVER'COUNTY FLORIDA ` ASS ISTANT COUNTY ATTORNEY By ATTEST: J . K. Barton, Clerk Gary C. eler, CJbairma ' By:_( t na 0J -J" BY%0OLKAMmiflatone Deputy Clerk eph A . aird, County Admr istrator COommeNs and Setnngsbob%Local SebngslTernWrary Internet Fil 21st Street SW AGREEMENT BCC 04-02-07Aoc M MASTELLER & MOLER, INC, M - CIVIL ENGINEERS - March 14, 2007 Mr. Christopher J. Kafer, Jr. , PE Indian River County Engineering Department 1840 25t' Street, 3r Floor Vero Beach, Florida 32960 RE: Millstone Landing — Phase I 215` Street SW Land Development Permit # 200310006845193 PD-04-04-08 Indian River County, Florida Dear Chris: This letter is intended to follow up on the matter relating to the paving thicknesses achieved on 215` Street SW at the Millstone Landing project. As you are aware additional paving core tests were performed in the areas where three (3) original core tests indicated that paving thicknesses were less than 2 ". At the three (3) specific locations it was determined that the extent of paving less than 2" thick was 100 ', 55 ', and 35 ' at original core sites C-4, C-7, and C- 10 respectively. It is my understanding the County prefers that no modifications to the pavement at these locations occur, however, funds are to be provided to Indian River County to allow for future repairs to 21st Street SW in the event this proves to be necessary. As such, in order to support providing said funds to Indian River County we have prepared herewith the estimate of repair costs to perform milling, paving overlay, and stripping work at each of the above-described three (3) locations: C-4 Mill Perpendicular to Lane 2 x 34 ' = 68 ' x $ 10. 00 = $ 680.00 Overla 1 " Thick Asphalt 100 ' x 34 ' / 9 = 377 s x $5 . 00 = $ 1 ,885 . 00 Restri in $ 500. 00 Total $3 ,065.00 C-7 Mill Perpendicular to Lane 2 x 34 ' = 68 ' x $ 10. 00 = $ 680. 00 Overlay 1 " Thick Asphalt 55 ' x 34' / 9 = 207 sy x $5 . 00 = $ 15035 . 00 Restriping $ 250.00 Total $ 1 ,965 .00 1655 27th Strect Suite Vero Beach, Florida 32960 Phone: (772) 567-5300 MAR 1 5 2007 Fax: (772) 794-1106 E-Mail: mastmolr@bellsouth.net II's,a r' N fe > ' ! N 9777 , ." ' M MASTELLER & MOLER, INC, M - CIVIL ENGINEERS - March 14, 2007 Mr. Christopher J. Kafer, Jr. , PE Indian River County Engineering Department 1840 25t' Street, 3r Floor Vero Beach, Florida 32960 RE: Millstone Landing — Phase I 215` Street SW Land Development Permit # 200310006845193 PD-04-04-08 Indian River County, Florida Dear Chris: This letter is intended to follow up on the matter relating to the paving thicknesses achieved on 215` Street SW at the Millstone Landing project. As you are aware additional paving core tests were performed in the areas where three (3) original core tests indicated that paving thicknesses were less than 2 ". At the three (3) specific locations it was determined that the extent of paving less than 2" thick was 100 ', 55 ', and 35 ' at original core sites C-4, C-7, and C- 10 respectively. It is my understanding the County prefers that no modifications to the pavement at these locations occur, however, funds are to be provided to Indian River County to allow for future repairs to 21st Street SW in the event this proves to be necessary. As such, in order to support providing said funds to Indian River County we have prepared herewith the estimate of repair costs to perform milling, paving overlay, and stripping work at each of the above-described three (3) locations: C-4 Mill Perpendicular to Lane 2 x 34 ' = 68 ' x $ 10. 00 = $ 680.00 Overla 1 " Thick Asphalt 100 ' x 34 ' / 9 = 377 s x $5 . 00 = $ 1 ,885 . 00 Restri in $ 500. 00 Total $3 ,065.00 C-7 Mill Perpendicular to Lane 2 x 34 ' = 68 ' x $ 10. 00 = $ 680. 00 Overlay 1 " Thick Asphalt 55 ' x 34' / 9 = 207 sy x $5 . 00 = $ 15035 . 00 Restriping $ 250.00 Total $ 1 ,965 .00 1655 27th Strect Suite Vero Beach, Florida 32960 Phone: (772) 567-5300 MAR 1 5 2007 Fax: (772) 794-1106 E-Mail: mastmolr@bellsouth.net II's,a r' N fe > ' ! N 9777 , ." ' Mr. Christopher J. Kafer, Jr., PE 3/14/07 Page 2 of 2 C-10 Mill Pe endicular to Lane 2 x 34 ' = 68 ' x $ 10 . 00 = $ 680. 00 Overla 1 " Thick As halt 35 ' x 34 ' / 9 = 132 s x $5 .00 = $ 660.00 Restri in $ 250. 00 Total $ 1 ,590. 00 Please note; we have confirmed that the locations are in areas where no curb exists. As such, milling adjacent to curbing is not necessary and as such has been excluded for these estimates. Total Construction Estimate $6,620 . Lo Add Contingencies ( 15 %) $ 993 ao Subtotal VM3 .Q0 Add 25% for Performance Bond $ 1 ,903 . " Total $9,516. 25 The above-described amount is to be provided to Indian River County in order for Indian River County to be comfortable with accepting the paving on 21st Street SW at the above-described locations in lieu of further repairs. I need to know immediately if this cost estimate is acceptable and the procedure for providing said funds to the County. Shelby Homes, Inc. wants to provide the funds to Indian River County immediately in order that the Certificate of Completion for Millstone Landing — Phase I may be issued. Sincerely yours, TELLER & MOLER INC, Stephen E. Moler, PE Vice President SEMcab cc: Jack Short, Shelby Homes, Ine. Steve High, Shelby Homes, Inc. Bill Fersch, Masteller & Moler, Inc. Lary Beecher, Masteller & Moler, Inc. File 40345HS Orce_kafer_2Ig Street SW funds_031407.doc) R, IW Mr. Christopher J. Kafer, Jr., PE 3/14/07 Page 2 of 2 C-10 Mill Pe endicular to Lane 2 x 34 ' = 68 ' x $ 10 . 00 = $ 680. 00 Overla 1 " Thick As halt 35 ' x 34 ' / 9 = 132 s x $5 .00 = $ 660.00 Restri in $ 250. 00 Total $ 1 ,590. 00 Please note; we have confirmed that the locations are in areas where no curb exists. As such, milling adjacent to curbing is not necessary and as such has been excluded for these estimates. Total Construction Estimate $6,620 . Lo Add Contingencies ( 15 %) $ 993 ao Subtotal VM3 .Q0 Add 25% for Performance Bond $ 1 ,903 . " Total $9,516. 25 The above-described amount is to be provided to Indian River County in order for Indian River County to be comfortable with accepting the paving on 21st Street SW at the above-described locations in lieu of further repairs. I need to know immediately if this cost estimate is acceptable and the procedure for providing said funds to the County. Shelby Homes, Inc. wants to provide the funds to Indian River County immediately in order that the Certificate of Completion for Millstone Landing — Phase I may be issued. Sincerely yours, TELLER & MOLER INC, Stephen E. Moler, PE Vice President SEMcab cc: Jack Short, Shelby Homes, Ine. Steve High, Shelby Homes, Inc. Bill Fersch, Masteller & Moler, Inc. Lary Beecher, Masteller & Moler, Inc. File 40345HS Orce_kafer_2Ig Street SW funds_031407.doc) R, IW