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Home My WebLink About2006-313A warranty road and drainage CASH DEPOSIT AND ESCROW AGREEMENT 1^r\ THIS AGREEMENT is entered into this � day of `� X2006 , by and between SEBASTIAN RIVER MEDICAL CENTER ( r), and INDIAN RIVER COUNTY, a political subdivision of the State of Florida (County): WITNESSETH : WHEREAS , Developer has constructed certain roadway improvements within Indian River County and is required to provide security supporting Warranty and Guaranty Agreement and Bill of Sale for Required Improvements (Contract No . 2005120303-52248W&G ) 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 Sixteen Thousand Four Hundred Thirty-One and 41 /100 Dollars ($ 16,431 .41 ) , 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 . At the expiration 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 (6/21 /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 . 1 F:VAttomeyWancy\DOCS\PLAN\136th Place cash escrow.doc 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 held 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 , 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 roadway 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: SEBASTIAN RIVER MEDICAL CENTER �* OA- PAM I -) printed ame By. ( Presi en , Vice Presid nt or CEO ) print name : 1W&I A printed name and tit I 2 FAAttorney\Nancy100CS\PLANN 36th Place cash escrow.doc BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: - d oseph A . Baird ounty Administrator OFFICE OF MANAGE ENT AND BUDGET Authority : Resolution No . 2005 - 121 By: n / Jason E . B own , Director APPROV D S TO FORM AND LEGAL S FICIIEENCCY: By: k ��L�-rc.`ui✓ William G. Collins II County Attorney 3 F:1AttorneyWancy\DOCS\PLAN\136th Place cash escrow.doc EGEIVE MAY 2 2 2006 COUNTY ATTORNEY' S OFFICE i INDIAN RIVER COUNTY MEMORANDUM DATE: May 16, 2006 . TO : William G . Collins , II, County Attorney THROUGH: Christopher J . Kafer, Jr. , P .E. , County Engine FROM: William B. Eubank, Jr. , Senior Engineering Inpector A% REFERENCE: 136th Place Roadway 25% 3 Year Maintenance . Bond SUBJECT: L. D . P . No. 2005120303-52248 The enclosed revised engineer's certified cost estimate and quantities dated May 105 2006 have been reviewed for bonding of 25% 3 Year Maintenance Bond , and are found to be satisfactory. The total amount of the bond is $ 16 ,431 .41 (25% of $65 ,725 .65) . If you have any questions please call me at extension 1451 W BE/wbe cc: Jason E . Brown , Budget Manager D . E. Howard , Jr. , Manager Construction Coordination Mark Zans , Senior Planner/GIS Earl Masteller, P. E . , Masteller & Moler, Inc. IPI 1a 8 Page 1 of 3 FAEnglneedng4Site Plan Docs4Sebastlan River Medical CenteA136th Place Roadway 25% maintenance bond-Will Collins-cik wbe 61 "6.doc. PM MASTELLER & MOLM INC. 4 - CIVIL ENGINEERS - May 10, 2006 Mr. Christopher J. Kafer, Jr., P.E. Indian River Count Engineering Department LI V 1840 25th Street, 3 Floor MAY I 0 Vero Beach, Florida 32960 2006 INDIAN RIVER COUNTY RE: 136' Place ENGFNEERING DIVISION Maintenance Bond. Roadway and Stormwater System Indian River County, Florida Dear Mr. Kafer: This exhibit is in support of the Maintenance Bond for the 136 ' Place roadway and stomlwater system The construction costs are based on the contractor' s actual costs and our review of costs during construction. The bond amount is based on twenty five percent (25%) .of the construction costs. The bond submitted will be issued for three (3) year . period beginning at the time of acceptance by Indian River County. Please let me know if you have any questions relative to the information contained herein Thank you for your assistance and cooperation. Sincerely, MASTELLER & A7COLER, INC. QGC� l� � 11L� D MAY 1 o Zoos Earl H. Masteller, PE; DEE Florida# . 26658 INDIAN RIVER COUNTY President ENGINEERING DIVISION _ a s EH&1/oab Fmlasurea r' ', W; 9tanHolm Eld10139HC (u Kafar Bos oov -051006.doo) Page 2 of 3 1655 27'* Street, Suite 2 Vero Beach Florida 32960 Phone. (772) 567-5300 Fax: (772) 794-1106 FrMatl: nmtmo1r@be11southset EXHIBIT 'A' 136th Place Roadway and Stormwater DESCRIPTION QUANTITY UNIT UNIT PRICE QTY PRICE 6" Stabilized Shoulder 1 196 $EA $ 2. 10 $ 21511 .60 12" Stabalized Sub rade 31052 $ 2.65 $ 81087.80 S" Rods Base 2 962 $ 6.25 $ 18 512.50 Asphalt 1 i2" S-1 21877 $ 5.75 $ 16 542.75 Striping & Signs 1 $ 51936.00 $ 593600 Control Structure 1 $ 2,800.00 $ 2 800.00 19 x 30 ERCP 85 $ 68.00 $ 51780.00 18" RCP 80 LF $ 31 .00 $ 21480.00 19x30 MES 2 LF $ 675.00 $ 11350.001 18" MES 3 EA $ 575.00 $ 11725.00 Construction Cost S 85,723.65 Maintenance Bond 25% $ 16,431 .41 PREPARED BY MASTPLLER & MOLER, INC. L Earl H. Masteller, PI. , D _EOMM8 President S. I I " iv 4 � Page 3 of 3 (Bond Exhlbft 061006xis) 1 of 1 ,yo p TO INDIAN RIVER COUNTY y� Y ¢ � w & HE ENGINEERING DEPARTMENT P " RDER BILL EUBF1NK5 F ATTN -1840 25TH STREET - r ; :�, • ,w. �, y� yyyy��'' y VERO BEACH ; FL 32960 - 0000 'T C'•�"P;y. - - `# r } ^YMf YpIh. Y`pb � 4 " ' 008245011' 1 : 0631075131 " 209000i85433i1i' HEALTH MANAGEMENT ASSOCIATES, INC . SEBASTIAN RIVER DED CTR 9613 0082450 vs: ql . MOM 05/24/2006 MAINIFN.BM 3 YEAR BW DEPOSIT KELSO PIAC 16 , 431 . 41 136'" Place (a/k/a Kelso Place) warranty road and drainage WARRANTY AND GUARANTY AGREEMENT, AND BILL OF SALE FOR IMPROVEMENTS CONTRACT NO . 2005120303-52248W&G WHEREAS , the undersigned Developer has constructed 136th Place (also known as Kelso Place) and desires to transfer all its right , title and interest to the County in and to all those improvements constructed within 136th Place , 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 road and drainage improvements , 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 136th Place has been constructed and installed and specifically consists of: See Exhibit "A" attached hereto 2 . Agree that, should 136th Place improvements fail or otherwise become defective during a period of three years from the date of Certificate of Completion of 136th Place , 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 County; and 3 . Acknowledge that, in the event Developer fails to begin or cause repair of the defective 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 APPROVED AS TO FORM ANO L1111GAL841"KAIINOY F:�Attomey%NancytDOCS\PLAM136th Place maint.doc WILLIAM Q. COLLINB u COUNTYATTORN6T 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 improvements, lying within 136"' Place , 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 . IN WI NE S WHEREOF , Developer has hereunto set its hand and seal this day of e , 2006 . Signed in the presence of: SEBASTIAN RIVER MEDICAL CENTER , Developer sign : lith pA er7e'CG //9 -S print name: " G C- sign : ,1(-r0 Presiden ice President or print nam CEO) print name and ti (affix corporate seal ) STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was ac l nowledoed before me this day of 2006 byu t r the of SEBASTIAN RIVER EDICAL CENTER, a 2 F:\Attorney\Nancy\DOCS\PLAN\136th Place maint.doc corporation/partnership/(other) under the laws of the State of on behalf of the Developer entity. He/she is personally known to or has produced (passport/driver's license) as identification . NOToARY PUBLIC : SEAL : Commission No ..7 J70j9 / 59 Commission Expiration : 3 b31sI d WNSY BROWN KNOWLES E Comm# DD0491386 1 $ Expires rAWO ` Bonded thm (500�tSZ.12M Florida Nola NAIL 919 w . u«xr� w 3 F:\AttomeyWancy\DOCS\PLAN\136th Place maint.doc RECEIVED MAY 2 2 2006 'Z COUNTYTT ORNEY'S !F !F CE I INDIAN RIVER COUNTY MEMORANDUM DATE: May 18, 2006 TO: William G . Collins , II, County Attorney THROUGH : Christopher J . Kafer, Jr. , P.E. , County Engine FROM : William B . Eubank, Jr. , Senior Engineering In pector REFERENCE: 136th Place Roadway 25% 3 Year Maintenance Bond SUBJECT: L. D . P . No. 2005120303-52248 The enclosed revised engineer's certified cost estimate and quantities dated May 10 , 2006 have been reviewed for bonding of 25% 3 Year Maintenance Bond , and are found to be satisfactory. The total amount of the bond is $16,431 .41 (25% of $652725 . 65) . If you have any questions please call me at extension 1451 WBE/Wbe cc: Jason E. Brown , . Budget Manager D . E . Howard , Jr. , Manager Construction Coordination Mark Zans, Senior Planner/GIS Earl Masteller, P. E . , Masteller & Moler, Inc. Ver it y Page 1 of 3 FAEngineering\Site Plan Docs4Sebastian River Medical Center1136th Place Roadway 25% maintenance band-Will Collins-cjk wbe 5-18-06.doc L M-A MASTELLER & MOLER, INC. M - CIVIL ENGINEERS May 10, 2006 Mr. Christopher J. Kafer, Jr. , P.E. Indian River Count Engineering Department u VV 1840 25a' Street, 3 Floor MAY 1 0 2006 Vero Beach, Florida 32960 INDIAN RIVER COUNTY RE: 136' Place ENGINEERING DIVISION Maintenance Bond- Roadway and Stormwater System Indian River County, Florida Dear Mr. Kafer: This exhibit is in support of the Maintenance Bond for the 136m Place roadway and stormwater system. The construction costs are based on the contractor's actual costs and our review of costs during construction. The bond amount is based on twenty five percent (25%) of the construction costs. The bond submitted will be issued for three (3) year -period beginning at the time of acceptance by Indian River County. Please let me know if you have any questions relative to the information contained herein. Thank you for your assistance and cooperation. Sincerely, MASTELLER & MOVER, INC. QCC� I � UID MAY 1 0 2006 Earl H. Masteller, PE; DEE Florida# 26658 INDIAN RIVER COUNTY President ENGINEERING DIVISION _ i?Frnveab p, . � j t Fnclos m co: SmuHolm File# 0139HC (ir_Kafer BCS eover_051006.doc) Page 2 of 3 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone: (772) 567-5300 Far. (772) 794-1106 E-Mail: mastmok@bellsouth.net EXHIBIT 'N 136th Place Roadway and Stormwater DESCRIPTION QUANTITY UNIT UNIT PRICE QTY PRICE 6" Stabilized Shoulder 1 196 SY $ 2. 10 $ 21511 .60 12" Stabalized Su rade 3 052 SY $ 2.65 $ 8,087.80 8" Rock Base 2 962 SY $ 6.25 $ 16,512.50 As halt 1trt" S-1 21877 SY $ 5.75 $ 16, 542.75 Stri in & Signs 1 LS $ 51936.00 $ 5,936.00 Control Structure 1 EA $ 2,800. 00 $ 22800.00 19 x 30 ERCP 85 LF $ 68.00 $ 51780.00 18" RCP 80 LF $ 31 .00 $ 2t480.00 19 MO MES 2 LF $ 675.00 $ 1 ,350.00 18" MES 3 EA $ 575.00 $ 1 ,725.00 Construction Cost 659725.65 Maintenance Bond Q 25% S 16,431 .41 PREPARED BY MASTELLER & MOLER, INC. 5Golo Earl H. Masteller, PT=. , D E #26658 President vw.z�c..u .vue —> arcu.9 .L_ _.1 Page 3 of 3 (Bond ExW kOM 006ads) 1 Of 1