HomeMy WebLinkAbout2007-001 S IS TO CERTIFY THAT THIS IS
CORRECTS
OFFICE
/J�EFFRE�Y K. 6ARTRRN\CLERK
BV P 4� - � ..0. IV��"'PD . C .
DATE Ti\ ` � O
CONTRACT FOR LOT FILL
NO . SD =04-06 -41 -CFCFILLLOC (93030071 -56302)
THIS CONTRACT, made and entered into this 9th day of
January , 2007 by and between FOSTER I . R. C . , LLC , a California limited
liability company, 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 is commencing proceedings to effect a subdivision
of land within Indian River County, Florida ; and
WHEREAS , a final plat of the subdivision within the unincorporated area
of Indian River County shall not be recorded 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 and recordation of a certain
plat to be known as Huntington Place ; and
WHEREAS , the required improvements are to be installed after
recordation of this plat 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 clear and fill each lot to at least 75% finish
grade on or before 24 months from the date of recordation of the plat, in a good and
workmanlike manner, as outlined in Exhibit "A" attached hereto , with a 120 consecutive
day period following the 24-month period to cure any default of any owner of any lot in
connection with the failure to fill a lot as required by the governing documents of the
subdivision . A copy of the plat shall be recorded in the Public Records of Indian River
County, Florida upon the final approval of the Board of County Commissioners and
made a part hereof for all purposes .
2 . Developer agrees to complete said improvements strictly in
accordance with the land development permit , the most recent set of plans and
i
& OPROVED AS TO FORM
F:tAttorneyWancy\DOCS\PLAN\huntington place fill k loadoc AND LEGAL S FFICIENCY�
WILLIAM K. DEBRAAL
+ i5 " T11NT COUNTY ATTOFNEY
specifications for this subdivision approved by the County and on file in the Planning
and Development Division , and all County development regulations and standards ,
including conditions and requirements of any applicable County right-of-way 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 and
Fifth Thi rcl Rank as the underwriting bank, in
the amount of $ 1 , 762,500 .00 , which amount is not less than one hundred twenty-five
percent ( 125 %) of the estimated total cost of fill for each lot to bring each lot to at least
75% finish grade , 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 the
guarantee period 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, but shall be subject to administrative fees as
established by the County.
4 . Upon completion of the required improvements , Developer shall
maintain 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 improvements , including all those improvements to be
constructed on existing publicly dedicated or County-owned property, such as street,
sidewalk, bikepath , lighting , signalization , traffic control , drainage , water, or sewer
improvements .
5. The County agrees to approve the plat for recordation in the Public
Records of Indian River County, Florida upon a finding as to compliance with all
applicable provisions of the County's Subdivision and Platting Ordinance and upon
execution hereof. The County shall accept those areas specifically dedicated to the
County for the purposes indicated on the plat at the time of plat recordation . However,
nothing herein shall be construed as creating an obligation upon the County to perform
any act of construction or maintenance within such dedicated areas until such time as
the required improvements are satisfactorily completed .
Developer is responsible to oversee that utility meter boxes , sewer clean
outs and drainage culverts are not covered with fill .
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F:tAttomey\Nancy\DOCS\PLANUwnfington place fill k loc.doc
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 Director or his designated representative , after receipt of a signed and
sealed Certificate of Completion from the project engineer of record .
6 . Developer shall have a period of 120 consecutive days from the
date specified in paragraph one of this agreement to cure any default of any owner of
any lot in connection with the failure to fill a lot as required by the governing documents
of the subdivision . In the event the Developer shall fail or neglect to fulfill its obligations
under this contract and as required by the Indian River County Code , the Developer, as
principal , and the letter of credit shall be jointly and severally liable to pay for the cost of
clearing and fill of each lot to at least 75% finish grade 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 carry 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 .
7 . 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 fail 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. Additionally, Developer
expressly grants the County, its agents , contractors and subcontractors access to the
property should Developer fail or refuse to complete the project. Developer will ensure
through a written instrument that County, including its agents , contractors and
subcontractors , is provided continuous access to the property requiring fill should
Developer sell the property, with access ceasing at the time the fill requirement has
been satisfied . 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 underwriting bank to construct the required
improvements .
8 . 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 purchaser(s), unless the County shall agree otherwise in writing .
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F:\Attomey\Nancy\DOCSIPLANShunfington place fill k loc.doc
9. 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 , 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 .
FOSTER I. R. C . , LLC , a California limited
liability company
WITNESSES : �/ DEVELOPER
Sig . Vf4 By ��' 6!
p r i name : Mark Foster, M nager
sign .
pri name: e,
sign - i /t �OUc-e By
prin name : & Todd Foster, Manager
sign :
print name :
INDIAN RIVER COUNTY, FLORIDA
By: " . 0, l t�
ATTEST : J . x . Barton , clerk Gary Cd Sheeler, Chairman
By : t-Tk� N , 61.. aro.
Deputy Clerk COUNTY
BCC approved plat: 01 - 00 - 2 07
4
F:\Attomey\Nancy\DOCS\PLAN%untngton place fill k loc.doc
_ - - HUNTINGTON PLACE SUBDIVISION
COMPLETE COST ESTIMATE _
ITEM Quantity _ Unit Cost Total Cost % Com lets Tobe Com leted
I. General CondtUons - -
a. Mobilization - General Conditions 1 $ 7612.00 $ 7,612.00 1 90.0% 1 $ 761 .20 bQ
b. Entrances 1 $ 10,000.00 $ 10,000.00 90.0% $ 1 ,000.00
c. Site Cleanup 1 $ 10,000.00 $ 10,000.00 80.0°% $ 2,000.00 fri5� 5
d. PowerCore (Utility Crossing) 1 $ 35,472.00 $ 35,472.0050.0 17,736.00
e. PowerCore FP&L 1 $ . 41 ,968.00 $ 41 ,968.00 100.0°� $
TOTAL GENERAL CONDITIONS TO BE COMPLETED $ 21 ,497.20
II. EARTHWORK
a. Clearing , 27 Acres $ 5,821 .19 $ 157. 172.00 100.0% $
b. Lake Excavation 65000 CY $ 2. 13 $ 138,450:00 100.0% $
c. Site Cut fill and Grade 54000 SY $ 0.92 $ - 49,680.00 90.0% $ 4,968.00
d. Rear Lot Grading 18000 BY $ 0.74 1 $ - 13,320.00 90.0% $ 1 ,332.00
a- 2
in - 2450 CY $. 1 .38 $ 3,053.00 100.0% $ -
T Perimeter Fence . - 8306 LF $ 9.39 $ 78,000.00 90.007 $ - 7,800.00
. Sidewalks
1 . 59th ST 5096 SF $ 2.70 $ 13,759.20 50.0% 1 $ 6,879.60r�G.
2. 58th AVE - 5865 SF $ 2.70 $ 15,835.50 90.0% $ 11583.55
h. Construction Entrance 1 LS _ $ 32, 173.00 1 $ 32, 173.00 100.0% $
i. Wall 1714 LF $ 70.00 1 $ 120,000.00 9().()% l $ 12,000.00
j. Silt Fence 7050 LF - $ 0.65 I $ 4,589.00 0.0°% I $ 4,589.00 12 _
k. Landscaping -
1 . Sodding 58th Ave 6154 SY $. 1 .80 1 $ - 11 ,077.20 1 90.0% $ 1 , 107.72
2. Irrigation - 1 LS $ 31 ,600.00 $ . . 31 ,600.00 90.0°% $ - 3,160.00
3. Sod Lake bank tops & sidewalks 2564 SY $ 1 .80 $ 4615.20 50.0°% $ - - 2,307.60
4. Remove Invasive Species - ` 1 LS $ 39,000.00 1 $ 39,000.001 100.0% $ � ' _ j,
5. Buffers and plantings - 1 LS $ 67,052.00 $'. 67,052.00 0.0% $ 67,052.00 op
TOTAL EARTHWORK TO BE COMPLETED $ 112,779.47
III. PAVEMENT / CURB / STRIPING - -
a. Stabalization 8" 26780 SY $ 3.03 $ 81 ,143.00 90.0% $ . 8, 114.30
b. Coquina rock 6" 22100 SY $. 6.73 $- 192,933.00 90.0% $ 19,293.30 Q (7�
C. Asphalt Pavement 1 " 22000 SY $ 4.97 $ 109,340.00 - 90.0% $ 10,934.00 o
d. Valle Curb 17765 LF $ 11 .00 $ -T9-5',415 00 ''90.0% $ 19,541 .50 Vjv I
e. Pavement Markings 1 LS $ ' . 10,907.00 $ 10,907.00 0.0% $ . 10,907.00
f. Secun Access 1 LS $ 60,000.00 $ 60,000.00 0.0°% $ 60,000.00 �� . Db
.Street Li hts 23 EA $ 1 ,200.00 $ ' 27,600.00 0.0°% $ 27,600.00 t Z
h.Typ8 0 Curb 800 LF $ - 10.00 1 $ 8,000.00 100.0% $
TOTAL PAVEMENT / CURB I STRIPING COMPLETED $ 156,390.10
IV. 59th ST. IMPROVEMENTS
a. Grading 4400 SY $ - 1 .26 1 $ - 5,544.00 90.0°% $ 554.40
b. 12" Stabalization 1717 BY $ 4.63 $ 7,949.71 90.0°% $ 794.97
c. 8" Coquina Rock 1542 BY $ 11 .621 $ 17,918.04 90.0°% $ 1 ,791 .80
d. 2.5" Asphalt Pavement 1542 BY $ 13. 16 1 $ 20;292.72 0.0°% $ 20,292.72
e. 8" Stabalization Shoulder 388 BY - $ 3.00 1 $. 11164.00 90.0°% $ 116.40
f. 6" Coquina Rock Shoulder 388 BY $ - 7.50 $ 2,910.00 90.0% $ . 291 .00
d. 1 " Asphalt Pavement Shoulder 388 SY $ 6.00 $ 2,328.00 0.0°% $ 2,328.00
e. Pavement Markings 1 LS $ 880.00 $ '880 00 0.0°% $ 880.00
f. Type "C" Inlets 3 EA $ 1 ,300.00 $ 3,900.00 90.0°% $ 390.00. vU
g. Headwalls 3 EA - $ - . 3,500.00 $ 10,500.00 90.0°% $ 11050.00
h. 12" CMP 30 LF $. 17.50 $ 525.00 . 90.0°% $ 52.50
1. Sod - 1500 BY $ - 1 .80 $ 2,700.00 50.0°% $ . 1 ,350.00
m. Rock Tapers 59th Ave 123 SY $ 11 .62 $ 11429.26 90.0% $ 142.93
n. Rock Tapers 59th St 198 SY $ 11 .62 $ 2,300.76 90.0°% $ 230.08
o. Rock Tapers 58th Ct 123 BY 1 $ 11 .621 $ 1 ,429.26 90.07/0 $ 142.93
TOTAL PAVEMENT/CURB/STRIPING TO BE COMPLETED $ 30,407.72
Engineers Project Number: 05-790 I EXHMr `NA'" Page 1
HUNTINGTON PLACE SUBDIVISION - --
COMPLETE COST ESTIMATE
V. SANITARY
a. Sanitary Sewer and Water $ 1 .00 $ 726,779.00 $ 726,779.00 85.0°k $ 109,016.85
VL WATER DISTRIBUTION
TOTAL SANITARY TO BE COMPLETED $ 109,076.85
- - - - �'(•
a. Water Distribution - 1 LS 1 $ 350,490.00 1 $ 350,490.00 1 85.0% 1 $ 52,573.50
TOTAL WATER DISTRIBUTION TO BE COMPLETED $ 52,573.50 6
VII. DRAINAGE ONSITE
a. 15" HDPE 2400 LF $. 23.00 . $ 55,200.00 90.0% 1 $ 5,520.00
b. 18" HDPE 2900 LF $ 25.50 $ 73,950.00 90.0% $ 7,395.00
c. 24" HDPE 565 LF $ 33.00 - $ 18,645.00 90.0% $ 11864.50
d. 30" HDPE 236 LF $ 53.00 $ 12,508.00 90.0% $ 1 ,250.80
e. 15" RCP - - 40 LF $ 21 .95 $ 878.00 90.0°% $ 87.80 0 (�
f. 54" RCP 80-LF $ 303.02 $ 24,241 .60 90.0% $ 2,424. 16
. Headwalls 2 EA $ 5,000.00 $ 10,000.00 90.0% $ 1 ,000.00 1J
f. Type "C" Inlet . . ` SEA $ 1 .550.00 $ -7,750.00 90.0% $ 775.00
P . Miami Inlet - TRA - $ 1 ,850.00 $ 90,650.00 90.0% $ . 9,065.00
h'! Control Structure 1. EA 1 $. ' 2,104.00 1 $ 2, 104.00 90.0% $ 210.40
Diameter Manhole 6 EA 1 $ 2,583.00 1 $ 15,498.00 : 90.0% $ 1 ,549.80
TOTAL DRAINAGE ONSITE TO BE COMPLETED $ 31 ,142.46
VI11. MP-V . IMPROVEMENTS
a 4" PVCFORCEMAIN 1 1002 LF 1 $ " ' 11 -001 $ 11 ,022.001 85.0% 1 $ 1 ,653.30
b. 8" PVC WATERMAIN 1028 LF $ 22.00 $ 22,616.00 85.0% $ 3,392.40
TOTAL DRAINAGE ONSITE TO BE COMPLETED $ 5,045.70 / aI
IX. Miscellaneous . .
a. Engineering 1 $ . . 35,000.00 $ 35,000.00 75.0%° $ 8,750.00
b. Ins actions 10
1
c. As-buitts 1 ,000.00 75.0%,$ 100 $ 2,500.00 Q
10,000.00 0.0% $ 10,000.00
d. Survey 1 . $ - 20,000.00 1 $ 20,000.00 75.0% $ 5,000.00
9. PCP/RPM 1 $ 10,000.00 $ - 10,000.00 0.0% $ 10,000.00
TOTAL MISCELLANEOUS TO BE COMPLETED: $ 361250.00
. . Total Cost . % Com late To be Com leted
$. 3,758_,878.45 82.43% S 555. 103_.00
Bonding Amount 125% Of To Be Completed Construction • - 693 878 75
X. Lot Clearing/Filling
a.
FillincifFillinq of Lots In HOA Docs 141 Lots 1 $ 10,000.00 1 $ 1 ,410,000.00 1 0.0% 3 1 ,410,000.00 �.
Bondin Amount Lot Fill. Onl : 1 ,762,500.00
As Per Agreement Between IRC and Develo er Dated 8122106
. Bondin Amount 125% of Construction.To Be Com Ieted and Fill Cost : 2,456,378.75 j Z � � �
Aaron J. les; P.E. IFIL PE# 55313 e
MBV Engineering, Inc.. -
Engineer's Project Number: 05-790 - LtXHIBIT "A " Page 2