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Home My WebLink About2008-169Paladin Place It 0 IO 0 I GIN 1 "O .j `, lip .�1 C 0OR MODIFICATION TO CONTRACT FOR CONSTRUCTION OF REQUIRED SIDEWALK IMPROVEMENTS NO. SD -04 -06 -25 -SIDE (96020082-46698) THIS MODIFICATION, made and entered into this 3rd day of June, 2008, by and between Atlantic Coast Construction and Development, Inc., a Florida corporation, 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 entered into a Contract for Construction of required Sidewalk Improvements No. SD -04 -06 -25 -SIDE (96020082-46698) guaranteeing the completion of certain required sidewalk improvements on or before February 21, 2008 and posted a letter of credit as security to guarantee completion; and WHEREAS, certain of the sidewalk improvements have not yet been constructed; and WHEREAS, the developer has (X) requested an additional two-year extension to February 21, 2010 to complete the remaining required sidewalk improvements, as allowed by code; (X) requested a substitution of security (from letter of credit to cash); (X) requested a reduction in the amount of security necessary to complete the remaining sidewalks; and (X) provided an updated certified cost estimate attached as Exhibit "A"; NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES HEREIN CONTAINED, the parties agree as follows: 1. The date for completion of the required sidewalk improvements as outlined in the Contract for Construction of Required Sidewalk Improvements No. SD -04 -06 -25 -SIDE (96020082-46698) is extended to February 21, 2010. 2. The substitution of security in the form of cash in the amount of $12,813.75 is to be reduced to $10,301.25. The $10,301.25 amount represents 125%n of the remaining sidewalk improvements to be completed as evidenced by developer's engineer's certified cost estimate as approved by County Engineering, attached as Exhibit "A". 3. All other terms set out in the Contract for Construction of Required Sidewalk Improvements No. SD -04 -06 -25 -SIDE (96020082-46698) remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written. Signed in the presence of: Sic Pri Sic Pri ATTEST: J. K. Barton, Clerk of Court By: . Qat- Clerk ATLANTIC COAST CONSTRUCTION AND DEVELOPMENT, INC., a Florida corporation E ELOPER By: �o % �— d'n, President INDIAN RIVER COUNTY, FLORIDA by and through its Board of County Commissioners By• S ndra L. Bowden, Chairman BCC approved: June 3, 2008 APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY I' WILLIAM G. COLLINS 11 COUNTY ATTORNEY 2 F:\AttorneylNancy\DOCS\PLAN\paladin place ii sidewalk extension.doc INDIAN RIVER COUNTY, FLORIDA MEMORANDUM DATE: May 23, 2008 TO: William G. Collins, II, County Attorney FROM: Dan Wittenberg, Engineering Inspector Supervisor SUBJECT: Paladin Place II Sidewalk Bond Renewal ! REFERENCE: LDP 9 96020082-43983 / SD -04-06-27 The enclosed engineer's certified cost estimate and quantities have been reviewed and are found to be satisfactory. The total amount of the new bond is $10,301.25 ($8,241. x 125%) Please note that the bond amount is less than the original since the unit price for sidewalk has been reduced from $5.10 to $4.10. If you have any questions, please call me at extension 1622. DW/dw cc: Jason Brown, Budget Manager Mark Zans, Senior Planner, Current Development Joseph W. Schulke, P.E., Schulke, Bittle & Stoddard, LLC FILE page 1 of 3 F \FnginecringSand Development PermitsTaladin Place Il\Paladin Place 11 Sidewalk Bond Renewal Memo-5-23-06-wbe.doc JOSEPH W. SCHULKE, P. E. SCHULKE, SITTLE & STODDARD, L.L.C. JODAH 8. 31TTLE, P.E. WILLIAM P sTooDARD.. PhD., P.E. CIVIL & STRUCTURAL ENGINEERING • LAND PLANNING • ENVIRONMENTAL PERMITTING May 19. 2008 Christopher J. Kafer, Jr., P.E. Engineering Department Indian River County 180127' Street, Bldg "A" Vero Beach, FL 32960 Re: Paladin Place II Onsite Sidewalk Bond Extension Project No: 96020082 / SD -04-06-27 Dear Nfi-. Kafer. Please find attached a Certified Bond Estimate for the remaining interior sidewalks in the above referenced project for your approval. At this time we would like to request an extension of the sidewalk bond for the remaining sidewalks. The total amount of the bond is $10,301.25 ($8,241.00 x 125%). The sidewalk bond extension tee ($445.00) and modification request fee ($485.00) will be submitted directly by the developer. If you have any questions please do not hesitate to give me a call. X�cfi// -I"" Date 3 7/711 r% Joseph '. alke T). E FL Rem. No. 47048 1.0 Cc: Dan Wittenbarig, Engineering Joseph Paladin page 2 of 3 MAY 2 2 2008 INDIAN ENG INEERRIVLR O '' OUNiY RcC'OBy, , -<) DIVISION 1717 INDIAN RIVER BLVD., SUITE 201, VERO BEACH, FLORIDA 32960 TEL 772 / 770-9622 Fax 772 / 770-9496 EMAIL info@sbsengineers.com lI I BOND AMOUNT FOR PALADIN PLACE II DESCRIPTION UNDP I QUANTITY JuNrrPRICE I TOTAL page 3 of 3 Paladin Place 11�j, CASH DEPOSIT AND ESCROW AGREEMENT THIS AGREEMENT is entered into this 3rd day of June, 2008, by and between Atlantic Coast Construction and Development, Inc., a Florida corporation (Developer), and INDIAN RIVER COUNTY, a political subdivision of the State of Florida (COUNTY): WITNESSETH: WHEREAS, Developer is required to provide surety supporting a modification to 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 Ten Thousand Three Hundred One and 251100 Dollars ($10,301.25), 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, as modified, which agreement and modification(s) are 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. 3. 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. 1 F:\Attorney\Nancy\DOCS\PLAN\paladin place ii sidewalk cash deposit & escrowcoc 4. 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 memorandum from the County Public Works Director or County Engineer 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. 5. Any interest earned during the term of escrow, less administrative expenses, shall be disbursed to Developers at close of escrow. 6. 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. 7. 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. IN WITNESS WHEREOF, the parties hereto have set their hands and seals. The date of this agreement shall be the date of approval by County. ATLANTIC COAST CONSTRUCTION AND DEVELOPMENT, INC., a Florida corporation Developer Witnesses: ti 4�1 JA v r iw By: printed name:, eph Paj idin, President 2 F:\Attorney\Nancy\DOCS\PLAN\paladin place ii sidewalk cash deposit & escrow.doc BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA/ By i Sar dra L. Bowden, Chairman ATTEST:�J..yK. Barton, Clerk of Court By: f1 saei Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By'eCr� William G. Collins II County Attorney F:\Attorney\Nancy\DOCS\PLAN\paladin place ii sidewalk cash deposit & escrow.doc INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Diane Bernardo Finance Director Attn: Carol Roberts DATE: May 14, 2008 SUBJECT: Cash Deposit and Escrow Paladin Place II FROM: Jason E. Brown Budget Director On August 4, 2006, a Cash DepositnjEscrow Agreement was approved between Atlantic Coast Construction and Development, Inc. and Indian River County in the amount of $25,000. A copy of the check is attached. These funds constituted a portion of the warranty amount, with the remainder of the funds provided by a surety bond. William DeBraal, Deputy County Attorney, has advised us that the maintenance bond posted now meets the current code requirement and the cash deposit in the amount of $25,000 may now be returned. With reference to the Contract for Construction of Required Sidewalk Improvements, SD -04 -06- 25 -SIDE in the amount of $12,813.75, the Letter of Credit to guarantee performance of this contract will expire on May 21, 2008. In a conversation with Jason Brown today, May 14`h, Mr. Paladin informed the Budget Office to retain a portion of this cash escrow to be held as security for the sidewalk improvements. The Letter of Credit may then be returned to the bank. Please return cash in the amount of $12,186.25, with any applicable interest to: Atlantic Coast Construction & Development, Inc. 730 Commerce Center Drive, Suite C Sebastian, FL 32958-3128 The Employee Identification Number is 650604157. Finance: please retain the amount of $12,813.75 in sidewalk cash escrow for Atlantic Coast Construction and Development Inc. Paladin Place II Attachments cc: William G. Collins II, County Attorney