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Home My WebLink About2005-129a Replat of Eagle Trace Subdivision for use with cash ' deposit and escrow j agreement � . CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS NO . SD =05 -03 - 15 -CFC (99070209 =45019 ) THIS CONTRACT , made and entered into this Jr day of t9 >PQj L , 2005 , by and between Mizner Grande at Vero Beach , LLC , a Florida limited liability company ; Mizner Grande at Vero Beach ll , LLC , a Florida limited liability company; and Mizner Grande at Vero Beach III , LLC , a Florida 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 Replat of Eagle Trace Subdivision ; 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 construct on or before SVGS/ /. Zoo 6 , in a good and workmanlike manner, those improvements described as follows : See Exhibit " A" attached hereto or otherwise required by the Indian River County Code in connection with the approval of said plat . 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 . > F :\Attorney\Nancy\DOCS\PLAN\k for construct CASH replat of eagle trace . doc 2 . Developer agrees to construct said improvements strictly in accordance with the land development permit , the most recent set of plans and 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 executed cash deposit and escrow agreement , in a form to be approved by the County Attorney, between Developer and the Indian River County Office of Management and Budget , as the escrow agent , in the amount of $ 82 , 548. 44 which amount is not less than one hundred fifteen percent ( 115 % ) of the estimated total cost of improvements remaining to be constructed , as determined in accordance with the County' s Subdivision and Platting Ordinance . It is understood that the full amount of the escrow deposit shall remain available to the County and shall not be reduced during the course of construction without an express written modification thereof, the escrow agreement executed by all the parties . Requested reductions shall not be unreasonably withheld by the County . Developer may at any time substitute guarantees , subject to the approval as to form and amount by the County . 4 . 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 shall remain responsible for utility meter boxes , sewer clean outs , and drainage culvert inverts , to be in good repair, accessible , correctly plumbed , and not covered with topsoil , concrete or impervious material for the 3 -year 2 F :\Attorney\Nancy\DOCS\PLAN\k for construct CASH replat of eagle trace . doc maintenance period commencing after County issuance of a Certificate of Completion . Notice of this ongoing responsibility shall be provided by Developer to any subsequent builder/ homeowner. 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 . 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 funds in escrow deposit shall be liable to pay for the cost of construction and installment of the required improvements 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 . 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 cash deposit for the final total cost of the improvements . Developer shall remain wholly liable for any resulting deficiency , should the cash deposit be exhausted prior to completion of the required improvements . In no event shall the County be obligated to expend public funds , or any fund other than those provided by the Developer to construct the required improvements . 8 . Any cash deposit 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 . 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 . 3 F :\Attorney\Nancy\DOCS\PLAN\k for construct CASH replat of eagle trace . doc IN WITNESS WHEREOF , the parties hereto have set their hands and seals on the day and year first above written . MIZNER GRANDE AT VERO BEACH , LLC , a Florida limited liability company MIZNER GRANDE AT VERO BEACH Il , LLC , a Florida limited liability company MIZNER GRANDE AT VERO BEACH III , LLC , a Florida limited liability company DEVELOPER By . tephe iege ager By : hard F . Ren ina , Manager INDIAN RIVER COUNTY , FLORIDA By . ' y < La, Thomas S . Lowther, Chairman Board of County Commissioners ATTEST : Jeffrey K . Barton , Clerk BCC approved : 04 / 12 / 05 By : ` ,i. k Depu y Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY : r By : 6illiarn G . Collins II County Attorney 4 F :\Attorney\Nancy\DOCS\PLAN\k for construct CASH replat of eagle trace. doc OW Revised Cost Estimate Eagle Trace Replat Minor Roadway Modifications 0 Item Unit Unit Cost Quantity Total 1 Roadway Removal SY 4 . 00 2100 89400. 00 2 Miami Curb Removal LF 1 . 50 1800 2 ,700 . 00 3 Subbase SY 3 .25 1980 69435 . 00 4 Base SY 6. 75 1525 10,293 . 75 5 S-3 Asphalt SY 7 .50 1525 119437 . 50 6 Miami Curb Construction LF 6 . 50 2002 159015 .00 7 Utility Service Adjustment LS 104)000 . 00 1 109000 . 00 (9 sewer doubles & 5 water doubles) & Utility Line Adjustment 8 Survey & Engineering LS 79500 .0 1 79500 . 00 Asbuilts o� SUBTOTAL $ 719781 . 25 15 % $ 109767 . 19 TOTAL $ 829548 . 44 W .F . NfcCain , P .E . 50046 Date : 3/23/05 LTR Zans Cost Estimate 2 I'YffIB1T A ee »»