HomeMy WebLinkAbout2004-022 Dec 30 03 11 : 43a Indian River Countd 772 - 770 - 5095 7 p . 3
0 - D
d�
1
CONTRACT FOR CONSTRUCTION OF
REQUIRED SIDEWALK IMPROVEMENTS
NO . PD=02 -06 =09=CFCSIDE (2001080023 )
THIS CONTRACT, made and entered into this %rT day of
--�1 -✓c -,r� , 2002; by and between Showcase Designer Homes, L. C . ,
hereinafter Aeferred to as "Developed`, 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
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 requests the approval of the Final Plat for
Ansley Park Planned Development; 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 Ayupfk s Zexo 6
a date being within two years of approval of Final PI t, in a good and
workmanlike manner, those improvemen#s described as follows :
Internal sidewalks per engineer's cost estimate, attached .
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.
1
F:1Anomey\NancyIDOCSTLAN'sidewalk k for ansley park-doe
Dec 30 03 11 : 43a Indian River County 772 - 770 - 5095 p . 4
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-of4ay 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 andas the
, ,,,
underwriting bank, in the amount of $53, 741 .34, 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 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 obligations 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
2
F=\` ttomey\Naacy\DOCSTLAN\sidewalk k for ansley park.doc
` Dec 30 03 11 : 43a Indian River County 772 - 770 - 5095 p . 5
Director or his designated representative, after receipt of a signed and sealed
Certificate of Completion from the project engineer of record .
60 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
letter 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 cant' 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 of credit, less any approved
reductions thereto.
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 fall 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 of credit for the final total cost of the
Improvements . Developer shall remain wholly liable for any resulting deficiency,
should the letter 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 letter of credit to
construct the required improvements .
9 . Any letter 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 purchasers), 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 ,
3
F:WttomeylNancy\Doe \PLANlsidewalk k for ansley park.doc
Dec 30 03 11 : 43a Indian River County 772 - 770 - 5095 p . 6
extension , or revision hereof or hereto shall be in writing , executed by authorized
representatives of both parties .
IN WITNESS WHEREOF , the parties hereto have set their hands
and seals on the day and year first above written .
SHOWCASE DESIGNER HOMES ,
L.C., a Florida limited liability
company DEVELOPER
By SAN GEORGE CONTRACTI ,
INC., a Florida rpo do
By 1
David San Georg , Jr. , P sident
MANAGER
By SEACOAST DEVELOPMEN INC.,
a Flo " a corpo 'on
B . A
mes R. McNamara , President
MANAGER
DEVELOPER
INDIAN RIVER COUNTY, FLORIDA
B ,
Y ,
Caroline D . Ginn . hairman
Board of County Commissioners
A Jeffrey K. on , Clerk COUNTY
t BCC approved * 02 - 03 - 2004
B (seal )
Deputy Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
V
`l ff
William G . Collins 11
County Attorney
4
F:1Attomey\Namy\DO S\pLAN\sidewalk k for ansley parkdoc
RECEIVED
DEC 18 2003
INDIAN RIVER COUNTY, FLORIDACOUNTY ATTORNEY'S
OFFICE
MEMORANDUM
DATE . December 16 , 2003 co
�'e Oct
TO : Jason Brown, Manager, Office of Management & Budget 's
FROM : Christopher J . Kafer, Jr. , P . E . , County Engin r
SUBJECT : Ansley Park Planned Development - Sidewalk Bond
REFERENCE . PD- 02 -06 -07 / 2001080023
Attached, please find a letter from Joseph Schulke, P . E . , Schulke, Bittle & Stoddard, L. L. C .
regarding the subject project. Mr. Schulke is requesting to modify the plans to allow paver
sidewalks instead of concrete sidewalks and is proposing to bond the internal sidewalks .
Engineering Division staff has approved this request with the condition that the sidewalks be
constructed without holes and in a manner safe for pedestrian traffic .
The Engineer ' s estimated cost is $46 , 731 . 60 for the paver sidewalks . The bond amount will be
$ 53 , 741 . 34 ($469731 . 60 + 15 %) .
Please contact me at extension 1596 if you have any questions .
CJK/ktp
cc : James W. Davis, P . E . , Public Works Director
"David A. Hays , Senior Civil Engineer
Joseph Schulke, P . E . , Schulke, Bittle & Stoddard, LLC
FILE
F:\ENGINEERING\LAND DEVELOPMENT PERMITSWNSLEY PARK-MEMO OMB-SIDEWALK BOND AMT-DAH.DOC
r
JOSEPH W. SCHULKE, PE. SCH ULKE , BITTLE & STODDARD , L . L . C .
JODAH B. BITTLE, P. E
WIWAM P. STODDARD , Ph . D . , P. E CIVIL & STRUCTURAL ENGINEERING • LAND PLANNING • ENVIRONMENTAL PERMITTING
December 9, 2003
Chris Kafer, P .E . ,
County Engineer " Z ` 2003
Indian River County INDIAN
Engineering DepartmentEN GXN W I V ER COUNTY
1840 25'h St, EERI !IG QIVISION
Vero Beach, FL 32960
Re: Ansley Park
LDP No. 2001080023 -31827
Modification
Dear Mr. Kafer,
We are requesting a modification to the approval Land Development Permit Plans. We
would lice to construct paver sidewalks in lieu of concrete sidewalks (on-site only). Attached is a
sketch of the proposed paver sidewalk section. Please amend the permit file as soon as possible.
Also, please note that we are proposing to bond the internal sidewalks . The estimated cost of the
sidewalks are:
(4547 ft. — 220 ft, installed) x 4 ft. x $2 . 70/ sf = $46,731 . 60
Please prepare the necessary paper work that IRC requires for bonding, and let me know
what additional information you will need for this documentation.
Upon your review, if you have any questions, please do not hesitate to call.
Sincerely,
i
JoseSc uIke, P.E.
'ft ;,.mac : Jim McNamara
1140 Th COURT, SUITE F VERO BEACH , FLORIDA 32960
TEL 772 / 770-9622 FAx 772 / 770 -9496 EMAIL sbseng@gate. net
' • • • • • • wg , 12 /09 / 03 / Domenic -
■
D '
f
a
li • +
1
1\
i
li
1
i
" r 1;
t � Y
t
" f .
f
u u
Y "
Y -
u
Y i