HomeMy WebLinkAbout2004-100 corporate, for use with
letter of credit
CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS
NO . SD =03 -08 =22CFC (2000070058 -38955)
THIS CONTRACT , made and entered into this III day of
2004 by and between Amelia Plantation Group , 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 Amelia Plantation ; 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
in a good and workmanlike manner, those
improveme is 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
County , Florida upon the final approval of the Board of County Commissioners and
made a part hereof for all purposes .
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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
as the
underwriting bank , in the amount of $ jlZj . J6 `` Al , 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 County-owned property, such as street ,
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
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
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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 .
AMELIA PLANTATION GROUP , L . L . C . ,
a Florida limited liability company
DEVELOPER
WITNESSES :
sign By:
print name : olLi � Mark A . Brackett , Manager
sign :
print n
(affix corporate seal )
INDIAN RIVER COUNTY, FLORIDA
By: .6,
Caroline D . Ginn , Ch irman
Board of County Commissioners
ATTEST : Jeffrey K . Barton , Clerk
BCC approved : May 4 , 2004
Deputy CleIV
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY :
William G . Collins II
County Attorney
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JOSEPH W. SCHULKE, P. E. SCHU LKE , BITTLE 8& STODDARD , L . L . C .
JODAH B. BITTLE, P. E.
WILLIAM P. STODDARD , Ph . D. , PE. CIVIL & STRUCTURAL ENGINEERING • LAND PLANNING • ENVIRONMENTAL PERMITTING
Engineers Certified Cost Estimate — Amelia Plantation
I, Jodah Bittle, P .E. , A Florida registered engineer, License No . 57396, do hereby certify
to Indian River County that a cost estimate has been prepared under my responsible
direction for those improvements itemized in this exhibit and that the total cost estimate
for said improvements is $924, 101 . 31 , and represents the estimated cost to construct the
remaining required improvements plus a 15 % contingency. This estimate has been
prepared, in part, to induce approval by the county of a final plat for Amelia Plantation,
and for the purpose of establishing proper surety amounts associated therewith.
Date :
Joda Bittle, P . E . No . 739
1140 7`" COURT, SUITE F VERO BEACH , FLORIDA 32960
TEL 772 / 770-9622 FAx 772 / 770-9496 EMAILsbseng@gate . net
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24" ADS LF 470 $23 .00 $ 10,810.00
18 " CAP LF 55 $24.00 $ 1 ,320.00
Subtotal $689295.00
Open Cut Road EA 1 $ 13000.00 $ 100.00
Directional Bore EA 1 $39000.00 $3 ,000.00
Lift Station EA 1 $75,000.00 $75 ,000.00
8 " PVC LF 3187 $25 .00 $79,675 .00
8" DIP LF 0 $0.00 $0.00
6" PVC LF 1350 $ 10.00 $ 139500.00
6" DIP LF 70 $20.00 $ 19400.00
4" PVC LF 1250 $8 .00 $ 109000.00
4" DIP LF 0 $0.00 $0.00
4" 22 1 /2 ML Bend EA 2 $200.00 $400.00
4" 90 MJ Bend EA 2 $200.00 $400.00
6" 45 MJ Bend EA 4 $ 150.00 $600.00
6" MJ Plug EA 1 $250.00 $250.00 1
6" x 4" MJ Tee EA 1 $300.00 $300.00
4" MJGV w/ Box & Conc. Pad EA 1 $400.00 $400.00
6" MJGV w/ Box & Conc. Pad EA 2 $500.00 $ 100.00
Sanitary Manhole EA 13 $2,000.00 $261000.00
Mj Restraining LS 1 $3 ,500.00 $39500.00
Single Service EA 7 $600.00 $49200.00
Double Service EA 27 $800.00 $21 ,600.00
Subtotal $2429225.00
aJR+-lL'Y ��a SOON Z PFh,.Y?+ -C„
Tranformer Pads EA 15 $250.00 $3 ,750.00
Primary Conduit LF 8040 $3 .50 $289140.00
Secondary Conduit LF 4020 $4.50 $ 189090.00
Street Lights EA 7 $ 1 ,000.00 $79000.00
Electric Fittings LS 1 $2,000.00 $29000.00
/��+ �/
yc Subtotal $58,980.00
GENElrtAIC EAR
Mobilization LS 1 $ 19000.00 $ 15000.00
Maintenance of Traffic LS 1 $29500.00 $2,500.00
Clear & Grub LS 1 $ 100.00 $ 1 ,000.00
Subtotal $4 00.00
RO � VAUGiHTLOF-WAY; fl$'S' � 4 F UIR
R/W Grading LF 1200 $2. 50 $39000.00
5' Conc. Sidewalk LF 440 $ 10.00 $49400.00
SOD LS 1 $ 19500.00 $ 19500.00
Subtotal $8 900.00
DRAINAGE Off Site) ,'= mt s '
72" BCC LF 78 $ 100.00 $7,800.00
Conc. Headwall EA 2 $39500.00 $7,000.00
4�
[TUbtotal $14 00.00
PROFESSIONAL�'y A: . LY- 2 i1Y C Mtn fA �A ff 4mSt E.
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Survey LS 1 $ 15,000.00 $ 15,000.00
Survey, Platting LS 1 $33000.00 $3,000.00
Survey, Placement of P.C.P.'s LS 1 $5,000.00 $5,000.00
Engineering LS 1 $25,000.00 $259000.00
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( As-Built AutoCad LS 1 $ 1 ,000.00 $ 100.00
Testing LS 1 $55000.00 $500.00
Subtotal $549000900
Landscaping
Queen Palms EA 15 $225 .00 $3,375 .00
Live Oaks EA 10 $220.00 $2,200.00
Dahoon Holly EA 10 $ 175 .00 $ 1 ,750.00
Laurel Oak EA 10 $ 195 .00 $ 1 ,950.00
Washatonian Palm EA 15 $220.00 $3,300.00
Cabbage Palm EA 15 $ 115 .00 $ 1 ,725 .00
Crape Myrtle EA 19 $85 .00 $ 1 ,615.00
Viburnum EA 89 $8 .00 $712.00
Mulch EA 700 $3 .00 $2, 100.00
Irrigation LS 1 $ 10,000.00 $ 10,000.00
Subtotal $28,727900
General/Earthwork $ 149581 .25
Roadway/Right-of-Way $ 1999255 . 11
Water $ 1099303 .00
Drainage $68,295 .00
Sewer $242,225 .00
Electric $589980.00
General/Earthwork Off-Site $4,500.00 V
Roadway/Right-of-Way Off-Site $8,900.00 �d 1
Drainage Off-Site $ 149800.00
Professional $54,000.00
Buffers $28,727.00
Subtotal $803956636
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