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Home My WebLink About2007-206B ATRUECOPY CERTIFICATION ON LAST PAGE Site plan J .K. BARTON, CLERK Harbor Chase warranty road and drainage CASH DEPOSIT AND ESCROW AGREEMENT THIS AGREEMENT is entered into this 7 day of JyAIC7 2007 , by and between RPVB , LLC , a Florida limited liability company ( Developer) , and INDIAN RIVER COUNTY , a political subdivision of the State of Florida (County) : WITNESSETH : WHEREAS , Developer has constructed offsite improvements to Indian River Boulevard and 41St Street and is required to provide security supporting Warranty and Guaranty Agreement and Bill of Sale for Required Improvements (Contract No . SP-MA-03- 10-65 (2003070076-36065 ) 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 Three Thousand Seven Hundred Twenty-Three and 501100 Dollars ($3, 723. 50) , 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 , 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 . At the end of the three (3) year period (June 4 , 2010) , 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 . 1 F:1Attorney\Nancy\DOCS%PLANlharbor chase cash deposit for maint site plan.doc ATRUE COPY CERTIFICATION ON LAST PAG J . K . BARTON , CLERK 4 . 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 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 . 5 . Any interest earned during the term of escrow, less administrative expenses , shall be disbursed to Developer 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. 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 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 . Signed in the presence of: RPVB, LLC , a Florida limited liability company printed name A1Ctn nl. dtUTA95By: Timothy S . k Managing MemberAil pri d ame : 2 F:1Attorney\Nancy5D0051PLANlharbor chase cash deposit for maint site plan.doc A TRUE COPY CERTIFICATION ON LAST PAGE J. K . BARTON , CLERK BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA ATTEST : J . K . Barton , Clerk By . e Gary Q'Mheeler, Chairman By Deputy Clerk BCC approved : July 10 , 2007 OFFICE OF MANAGE ENT AND B T By: JasonV n , Direc r APPROVEO FORM AND LEGAL SLI ( NCY :_ William G . Collins II County Attorney 3 F:1AttorneylNancy\DOCSIPLANSharbor chase cash deposit for maint site plan.doc ATRUECOPY CERTIFICATION ON LAST PAGE J . K. BARTON , CLERK (�� it1vER ,I i MAY 3 0 200 INDIAN RIVER COUNTY MEMORANDUM DATE : May 29 , 2007 TO : William G . Collins , II , County Attorney --44 THROUGH : Christopher J . Kafer, Jr. , P . E. , County Engine44 FROM : William B . Eubank, Jr. , Senior Engineering Inspector REFERENCE : Harbor Chase Phase 125 % 3 Year Maintenance Bond SUBJECT : SD-03- 12-28 12003070076-36610 The enclosed revised engineer's certified cost estimate and quantities dated May 25 , 2007 for the turning lane on Indian River Blvd . have been reviewed for bonding of 25 % 3 Year Maintenance Bond , and are found to be satisfactory. The total amount of the bond is $3 , 723 . 50 (25 % of $ 14 , 894 . 00) . The date of the Certification of Completion has not been determined . If you have any questions please call me at extension 1451 WBE/wbe cc: Jason E . Brown , Budget Manager Dan Wittenberg , Engineering Inspector Supervisor Mark Zans , Senior Planner/GIS Stephen E . Moler, P . E . , Masteller & Moler, Inc. File Page 1 of 2 F:1EngineeringlStormwater Permits\HarborChase ALF\Harbor Chase Phase 125% maintenance bond-Will Collins-cjk wbe 5-29-07.doc HarborChase Offsite Roadway and Stormwater System ATRUECOP • Maintenance Security Exhibit CERTIRCATKir ON LASTPAGE J. K. BARTON, CLERK Indian River Boulevard & 41 st Street DESCRIPTION QUANTITY UNIT UNIT PRICE QTY PRICE 1 Type C Inlet 1 EA $ 21300.00 $ 2_1300. 00 2 18" CMP Pipe _ _ _ 169 LF $ 32.00 $ - —5 ,408.00 3 Storm Manhole 1 .. ,- EA _ $ 2, 800.00 $ _ __ 2 ,800.00 4 2" Type S-1 Asphalt 40 SY $ 23. 00 $ 920. 00 5 1 " Type S-3 Asphalt 40 SY $ 28. 00 $ 11120. 00 6_ 12" Stabalized Subgrade — 46 SY $ 38.00 $ M w 19748. 00 7 8" Base Rock —_....._..._._____._ . 46 SY $ u �13.00 -$ ..._,_._ - 598. 00 Indian River Boulevard & 41st Street Total Construction Cost $ 14,894.00 Maintenance 'Secu ' 25% $ 3,723.50 PR ARED .BY MASTELLER & MOLER, INC. MAY 2 � P007 Stephen`E. Moler FL PE #33193 Vice President =ti Page 2 of 2 Projects10241 /ADMINJFinal Certs (BOS_road and stonTwater rev_052507.x1s) 1 of 1 RPVB , LLC 1190 IRCOUNTY INDIAN RIVER COUNTY Acct # 5 / 31 / 2007 REFERENCE INVOICE NUMBER INV DATE INVOICE AMOUNT ADJUSTMENT -: DISCOUNT . "WRITE OFF NET.AMOUNT PAID Bond - roads 6 sto DEPOSIT 3YR 5/31/2007 $3, 723 . 50 $3 , 723 . 50 $0 . 00 $0 . 00 $3 , 723 . 50 JUN Q 4 2 007 Bond - roads s stoater $3, 723 . 50 $3, 723 . 50 $0 . 00 $0 . 00 $3 , 723 . 50 r a o e e • a • a e O W 0 -. s• � = N RPVB, LLC Synovus Bank of Tampa Bay 1190 G > 63-1416/631 1440 Hwy. AlA m nOr _ > m .. , 1 m m T -`4 mQ, ' Vero Beach , FL 32963 T m > ✓ m as (772) 492-5002 DATE 5 /31 / 2007 rpna � �OO m C' - � °cs AMouNT * * * 3 , 723 .. 50 1 0 ? u � PAY Three Thousand Seven Hundred Twenty Three Dollars And 50 Cents TO THE INDIAN RIVER COUNTY , 0 T K = m WOW L TN X m ORDER VERO BEACH . FL OF CHECKS PRINTED ON SECURITY PAPER WHICH INCLUDES A AICROPRIN7.BORDER A FLUORCSCEAT FIBERS - 11' 00119011' 10063IN 1I4 lI66I : 657048811'