HomeMy WebLinkAbout2006-399B Woodfield P.D., Phase 3 warranty road and drainage
CASH DEPOSIT AND ESCROW AGREEMENT
THIS AGREEMENT is entered into this 16th day of November 2006 ,
by and between Centex / Lennar at Woodfield, LLC, a Delaware limited
liability company (Developer) , and INDIAN RIVER COUNTY , a political
subdivision of the State of Florida (County):
WITNESSETH :
WHEREAS , Developer has subdivided certain property within Indian River
County and is required to provide security supporting Warranty and Guaranty
Agreement and Bill of Sale for Required Improvements (Contract No. PD-03-04-
11 -W &GPH3 (2002120063-48455)) with the County for the warranty and
guaranty of certain required improvements related thereto , namely:
See Exhibit "A" attached hereto.
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 One Hundred Twenty-Five Thousand
Eight Hundred Thirty-Eight and No/100 Dollars ($ 125,838 .00) , 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, which agreement is incorporated herein by
reference .
2 . 90 days prior to completion of the 3-year warranty and guaranty
period specified in Section 913 . 10 (2 ), Subdivisions and Plats, Indian River
County Code , the Developer may request a disbursement from the escrow
account by making a written request to the County's Public Works Director. The
request shall specify the amount of disbursement, and shall be accompanied by
certified inspection reports under seal from developer's engineer that the work
for which disbursement is requested remains in satisfactory condition in
accordance with the most recent set of plans and specifications approved and on
file with the County.
3 . Upon receipt of a request to release warranty and guaranty security
to a developer, and within approximately 30-60 days prior to a county inspection
of required improvements scheduled at the end of the warranty and guaranty
period , the county shall notify subdivision residents of the request and
1
F:64ttomeyANancyIDOCSIPLAN\woodfield 3 cash deposit for maint.doc
inspection . Notice may be provided by sign posting , mail , flyers , or
advertisement.
4 . At the end of the three (3) year period ( 11 /15/09 ), the public works
director may release the security under the terms of the warranty and guaranty
agreement, upon a determination from the county engineer that required road
and drainage meet applicable county performance standards .
5 . Upon defect in the improvements guaranteed under the agreement,
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
agreement. Said funds shall be disbursed to the County upon receipt by the
Office of Management and Budget of a letter from the County Administrator or
designee to use the funds held pursuant to Section 913 . 10 of the Indian River
County Code stating that Developer has defaulted under the agreement and that
said funds are necessary to repair the improvements . All funds disbursed to
County in excess of the final amount determined necessary by the County to
repair the improvements shall be returned to Developer, its legal representatives ,
successors or assigns , at the end of the guaranty period .
6 . Any interest earned during the term of escrow, less administrative
expenses , shall be disbursed to Developer at close of escrow.
7 . The funds deposited hereunder exist solely for the protection , use
and benefit of the County and , in the event required improvements are dedicated
to a private homeowner's association , that association (after turnover of control
from Developer), 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 , or
to benefit any lot purchaser, while such funds remain subject to this escrow
agreement. The County shall not be liable to any of the aforementioned parties
for claims against the Developer or contractor relating to the required subdivision
improvements .
8 . This Agreement, together with the agreement referenced herein , 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 hereof 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 day and year first above written .
2
F:IAttomey\Nancy\DOCS\PLAMwoodfield 3 cash deposit for maint.doc
Nov 14 06 03 : 23p p , e
CENTEX I LENNAR AT WOODFIELD , LLC ,
a Delaware limited liability company
WITN SES : By CENTEX HOMES, a Nevada partnership ,
Managing Member
sigh : + /I w/ By: CENTEX REAL ESTATE
print name : ,7r, CORPORATION, a Nev
s corporation , M e Ing Partn
sign : CU
print name : En IroLi'� By. `
Div' on President
AND
By LENNAR HOMES INC . , a Florida
cor;titrlle on , Managing MerJrb
sign . 04
� w �'l By
printed ame : a � —SiDC� T
Sign : (President or Vice President)
printe name : Otr�:
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
Y
seph . Baird
ounty Administrator
Authority: Resolution 2005- 121
OFFICE OF MANAG T
AND ET
By:
as E. own , Director
q�PRO D TO FORM AND
LEGA S ICIENCY:
i
nV
IFI , -�/� '�
Marian E. Fcll
Assistant County Attorney
3
F:AItorney%NancylDOCS1PLANlwoodfleld 3 cash depovit for maint.doc
INDIAN RIVER COUNTY, FLORIDA ND1,0
,i
MEMORANDUM o&4to� , a Zoo
Rj �q
'S
DATE : November 2, 2006
TO : William G. Collins, II, County Attorney
THROUGH: Christopher J. Kafer, Jr. , P.E., County Engin
FROM: William B . Eubank, Jr„ Senior Engineeringector WN
SUBJECT: Woodfield Subdivision Phase 3 — 25% 3 Year Maintenance Bond
REFERENCE : L.D.P . No . 2002120063-38080 / PD-03 -04- 11
The enclosed engineer' s certified cost estimate and quantities have been reviewed and are found to
be satisfactory. The total amount of the bond is $ 125, 838 .00 ($503 ,352. 00 x 25 %)
Date to issue the certificate of Completion is set for November 6, 2003 .
If you have any questions, please call me at extension 1451 .
WBE/wbe
cc: Jason Brown, Budget Manager
D . Howard, Jr., Construction Coordination Manager
Mark Zans, Senior Planner, Current Development
James G. Vitter, II, P.E., Kimley-Horn and Associates, Inc.
FILE
E' A' L 7`1 71�
EX 7—; L! A
Page 1 of 2
F:%Enginewing\L.and Development Permit&\WoodfieldlWoodfield Phase 3 25% Maintenance Bond Memo to W C011ins-I1-2-06-wbe-Am
KU=44ORN AND A8110=7E6, INC. tp12y2ppp
eo1 reaTaeET, au7Eaao Woodfield at Vero Beach
VEI10 SEACIL FLONNA E2YED
(7r2) a nvIsal NNAJ06 NO. W71S
Opinion of Probable Construction Cost - Phase 3 (lots 77 • 181 )
SITEWORK Quanthy Una Unit Cost Tow
Storm Drainage
Iran 1,o60 LF. $15.00 $15,200.00
7reD 3,576 LF. $20.50 $73,308.00
86• SD 648 LF. $46.00 $29,854.00
4r so 400 LF. $67.50 $27,000.00
ar so 110 LF. $65.00 $8,350.00
arawall. 2 EA $40000.00 $5,000.00
GuBar Nlab 29 EA. $21000.00 $58,000.00
Ty" C Inlet 7 EA $21000.00 $14,000.00
moon Manwe 7 EA. $11635.00 $12,845.00
43• Mirmw am Bacon i EA. $2,020.00 $2,020.00
36• Mibwd End section 1 EA $11900.011 $11900.00
Dwmpe Central Btrunbw wl skimm r 1 EA $3,100.00 $3100.00
sulsbbl $255,577.00
PAVING
ON 8rrE PAVING Quandly Unit Una Coat
Aaphtltll 'J-i 61500 S.Y. $7.00 $59,500.00
Sault Cmlulnal 6,500 S.Y. $1150 $97,750.00
BbenWaBabprWe (6• tlNrk7 10,825 S.Y. $2.00 $21 ,250.00
Ty Fmrb 150 L.F. $6.50 $1 ,275.00
141=1 Caseate Curb 6,000 LF. $6.50 $65,000.00
sub tzl $247,775.00
PHASE 3 TOTAL $583,35290
MAINTENANCE BOND AMOUNT FOR PHASE 3 (2WYs) $125,638.00
1, James G. Vfber, II, a Florida Registered Engineer, Umnse No. 58536, do hereby oertffy to Indian River County that a cost estimate has been prepared under m
responsible direction for those Improvements 9emaed In this exhibit and that the total cost estimated for mid Improvements is 5513,352. This estimate
has been prepam, in pert, to induce approval by the County of a CaRMoate of Completion for Woodfield at Vero Beach, Phase 3, and ior the purpoas of
establishing proper surety amowps therewith.
r r?S36
G. VIBer, 11, P.E. - /0 FL FL Reg. No.
EXHILBI I " A "
Page 2 of 2
G:16715pODblENGCOST E5RWordpeN Lbbbvn® erxvl (N Phuee}xN
PHASE 3 HOND 11 / 15 / D6 11760 125 , 838 . 00
PHASE 3 BOND 11 / 15 / 06 Invoice total 125 , 836 . 00
Van dor payment 125 , 838 . 00 125 , 838 . 00
i
I
1
Total vendor payment 125 , 638 D0 125 , 63B . DD
CHECK NO : 1OD404 PAYEE: Indian River Cty BCC VENDOR NO : 101228 DATE: 11 / 15 / 0
CAMARD. 017X x3GMN LEWMA
- ws sNs•2I u
- � I
3, N,
FG
„t, .6 T zACK , 3342
y 5Lj
125 838 .0:0
H T t e . u d Ei t cs d-00 Cents
8nki Brite uSi r. . - CNECKS- GREATER THAN' A3;D00.00 �
MAY NOT BE SIGNED BY FACSIMILE
RD I n er � .
I n 1
� E6!g� AT1A
. .. ..
H ED
III LOD4OLon' II : L L LOOOO 120 3756553853n'
+ Woodfield P.D., Phase 3 warranty road and drainage
WARRANTY AND GUARANTY AGREEMENT,
AND BILL OF SALE FOR REQUIRED IMPROVEMENTS
CONTRACT NO. PD=03-04=11 -W&GPH3 (2002120063, 48455)
WHEREAS , the undersigned Developer has obtained approval by the
Board of County Commissioners for the recordation of the final subdivision plat for a
project known as Woodfield P .D. , Phase 3 , pursuant to the Indian River County
Subdivision and Platting Ordinance ; and
WHEREAS , Developer has constructed certain required improvements as
defined by, and in accordance with the requirements of said ordinance , all as described
and evidenced in the various drawings and plans supporting the issuance of the Land
Development Permit, together with the as built plans , test results , and certificate of
completion of the Developer's engineer; and
WHEREAS , Developer desires to transfer all its right, title and interest to
the County in and to all those improvements constructed within publicly dedicated lands
of said project, free and clear of encumbrances , together with the assignment of all
existing warranties and Developer's agreement to cause to be repaired defects in
workmanship and materials in both public and private road and drainage
improvements , as required by ordinance , and as stated herein below .
WITNESSETH :
That for and in consideration of the sum of ONE DOLLAR ($ 1 . 00 ) and
other good and valuable consideration , the receipt of which is hereby acknowledged ,
Developer, on behalf of itself and all successors and assigns , does hereby:
1 . Represent unto Indian River County, a political subdivision of the
State of Florida , that the required improvements in said project have been constructed
and installed as required by the ordinance , in the manner described above ; and
specifically consist of:
See Exhibit "A" attached hereto
2 . Agree that, should the required improvements fail or otherwise
become defective during a period of three years from the date of Certificate of
Completion of said required improvements , due to defective materials or workmanship ,
the Developer shall upon each occasion , be responsible in all respects for such failure
or defect. Developer shall immediately, within 20 days of written notice by the County,
cause correction of such failure or defect to begin at Developer's sole cost and expense
and bring them into compliance with the requirements of the applicable ordinance (s ) ;
and
APPROVED AS TO FORM
A D LEGAL S.W.EN.CIENCY
1 ~
J i
F:1Attomey�Nancy\DOCS\PLAN\woodfield 3 maint.doc � MARIA
ASSISTANT COUNTY ATTORNEY
Nov 14 06 03 : 23P P . 2
3 . Acknowledge that, in the event Developer fails to begin or cause
repair of the defective required improvements within 20 days , or to complete such
repairs within a reasonable time thereafter, the County shall have the right to make
such needed repairs and Developer shall be liable to the County for the actual cost
expended by the County for such repairs and any cost incident to the collection of such
sums , including but not limited to , reasonable attorney's fees and costs of litigation ,
including any appeals ; and
4 . Provide herewith , or has provided heretofore in a manner satisfactory
to the County, security to guaranty Developer's performance of this agreement, being
either a cash escrow deposit , irrevocable letter of credit presentable in Florida or bond
issued by a company licensed to do business in the State of Florida with an A. M . Best
rating of A+ XI . In the event Developer has not undertaken the repairs contemplated by
this Agreement following a request by the County, the proceeds of any such security
may be drawn upon by the County to the final total cost of Developer's obligations
hereunder, not to exceed however, the applicable limits of the security.
5 . Grant and convey unto Indian River County all its right, title and
interest in and to all public improvements , lying within the areas dedicated to the
County, and Developer hereby warrants to the County that it has free and
unencumbered title thereto , that all persons or entities which have supplied labor or
materials with respect to such improvements have been paid in full , that none of them
has any claim whatsoever with respect thereto , and that Developer shall hereafter
forever warrant and defend the County's title thereto"
N WITNESS WHEREOF , Developer has hereunto set its hand and seal
this 16 14ay ofNnvamhPr , 2006 .
CENTEX / LENNAR AT WOODFIELD , LLC ,
a Delaware limited liability company
WITNESSES :
By CENTEX HOMES , a Nevada partnership ,
;•-' G/�M Managing Member
s1gn : B3V:
TEX REAL ESTAT
print name : i x �k,� (_ ' e-,:+ s2 , PORATI Nevada
o , Mana in er
sign : L
print name : I �'� _
Division President
AND
.FiJ,I Wivry' Nuncy\L1UCa1P LA N\monJliclJ J maintalm
,Nov 14 06 03 : 23p p . 3
By LENNAR HOMES INC . , a Florida
corporr t� Managing Member
ign : By.
p a Adlwr - r4printed na
kk
title: V r _
sign : (President or Vice President)
printed na e:
STATE OF FLORIDA
COUNTY OF PaIM
The foregoing instrument was acknowledged before me this I LP day of
Mcwt nbeye , 2006 by Lewi2E SlrnboAkryb , the Division President
of CENTEX REAL ESTATE CORPORATION , a Nevada corporation, the Managing
Partner of CENTEX HOMES , a Nevada Partnership , the Managing Member of
CENTEX / LENNAR AT WOOQFIELD , LLC , a Delaware limited partnership , on behalf
of the Developer entity. &she is personally known to me or has produced
( passport/driverslicense) as Identification .
TARY PUBLI :
�, anNa �crasaa
p' .,, MY COMMISSION A DD 491509
SEAL: EXPARMBW7, 2010 Commission No . DD L4q 1509
or
ftMThMn ,nmw,d.
Commission Expiration : )`-'( CvCA1 ) 1 -1 + ( 0
STATE OF FL IDA
COUNTY OF GN
The foregoing instrument wawacknowledged before me this day of
emba 2 2006 by 1 )AJID P . P;oAsGuce the
VICi b0^j7— of LENNAR HOMES INC. , a Florida corporation , the
Managing Member of CENTEX / LENNAR AT WOODFIELD , LLC , a re limited
liability company, on behalf of the Developer entity. d.Q/she is rsonally known to
or has produced (passpAdriver's Ilcense as
identification .
N A Y PUBLI
{ okY o&, r, Carolyn K. Cordaro / 1 -
. . Commission # DD383044
SEAL: ` ExpirsuJanuary2, 2009 Commission No. b � �s3G 1/L/
OFM1 ewrw Yiq rm , m W. irc MM85,701e
Commission Expiration :
a
P:1Aunmcy�Nmcy�17DCSM1 .AMwnidficlJ ) rnuinlJuc
INDIAN RIVER COUNTY, FLORIDA
COpyo
MEMORANDUM GMOe � 00 2006 ®
Fi 9
DATE : November 2, 2006
TO : William G. Collins, 11, County Attorney
THROUGH: Christopher J. Kafer, Jr., P.E. , County Engin r
FROM: William B . Eubank, Jr. , Senior Engineering pector -Ii �
SUBJECT: Woodfield Subdivision Phase 3 — 25 % 3 Year Maintenance Bond
REFERENCE : L.D .P. No. 2002120063 -38980 / PD-03 -04- 11
The enclosed engineer' s certified cost estimate and quantities have been reviewed and are found to
be satisfactory. The total amount of the bond is $ 125 ,838. 00 ($503 ,352 .00 x 25 %)
Date to issue the certificate of Completion is set for November 6, 2003 .
If you have any questions, please call me at extension 1451 .
WBE/wbe
cc : Jason Brown, Budget Manager
D. Howard, Jr., Construction Coordination Manager
Mark Zans, Senior Planner, Current Development
James G. Vitter, 11, P.E ., Kimley-Horn and Associates, Inc.
FILE
ER aEca
Page 1 of 2
F:TF gineeringUa dDevelopmmtP=its\WoodfieldlWoodfield Phew3 25% Maintenance Bond Memo to W Collins-11-2-06-wbe-.doc
gYLEY4IORN A1ID AsgOCIATES, INC. maelmgs
w1219sTRM, SUITE 3w Woodfield at Vero Beach
Veno eEACN, PLOea) new
(TT11582.7Y1 q JO9 NO. eglw
Opinion of Probable Construction Cost - Phase 3 (lots 77 - 181 )
SITEWORK DuanOty Una Unit Cost Tow
storm Drainage
12' an 1 ,080 LF. $15,00 $16,200.00
18^ SD 3,578 LF. $20.50 $73,308.00
38. 80 649 LF. $46.00 $29.854.00
"" SO 400 LF. $67.50 $27,000.00
NO 3D 110 L.F. $85.00 $9,360.00
Endwells 2 EA. $4,000.00 $81000.00
Guwrinlab 29 EA $2,000.00 $58,000,00
Type Glnlst 7 EA $2,000.00 $14,000.00
smnn Nwhele 7 EA $1,835.00 $12,845.OD
48• Mitered End section 1 FA $2,020.00 $2,020.00
W Mftmd End Semen 1 EA $1,900.00 $1,900.00
drainage COMnl structure wl skimmer 1 EA. $310000 $3100.00 -
subAON $255,577.00
PAVING
ON an PAVING Ooantlty Unit Unit Cost
As Wdttls) 81500 S.Y. $7.00 $59,500.00
Own (e• Coquina) 8,500 S.Y. $11 .50 $97,750.00
srWllkea Subllrede (9• Mlek) 10,625 S.Y. $2.00 $21 ,250.00
Type F emb 150 LF. $8.50 $1,275.00
Mteml Concrete Curb 8,000 LF. $8.50 $68,000.00
suamtel $247.775.00
PHASE 3 TOTAL $503p352,gg
MAINTENANCE BOND AMOUNT FOR PHASE 3 (250/6) $125,638.00
I, James G. Vitter, 11, a Florida Registered Engineer, License No. 59536, do hereby cert5y to Indian River County that a cost sell has been prepared under m
responsible dreclion for those Improvements Itemized In this exhibit and that the total cost estimated far said Improvements Is $513,352. This estimate
has been prepaq, In pan, to Induce approval by the County of a Cerdfl ate of Complellon for Woodfield at Vero Beach, Phase 3, and for the purpose of
establishirgpmpersurstyamounts scc therewsh.
r ,t'9S P 6
G. Vger, 11, P.E. eQ Tot 70 e FL Reg, No,
EEE / HIEIT 6A "
Page 2 of 2
GM7151KXHnENG1COS1ESnWaodlbld MsnNnanra bond (NI nzmz).se