HomeMy WebLinkAbout2005-202a The Lakes at Sandridge, Phase II
final plat
CONTRACT FOR CONSTRUCTION OF
REQUIRED SIDEWALK IMPROVEMENTS
NO . PD =03 -07 - 17 -SIDE (2002120179 =44609 )
THIS CONTRACT , made and entered into this 1 otn day of
Jure 2005 , by and between IRC Development, L. L . C . , 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
development of land within Indian River County , Florida ; and
WHEREAS , a Final Plat for the development within the
unincorporated area of Indian River County shall not be approved 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 , the required sidewalk improvements are to be installed
after Final Plat approval , 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 by c/a ^/5 / 6 . and 7 ,
a date being within two years of approval of Final Plat , in a good and
workmanlike manner, those improvements described as follows :
See Exhibit "A" attached hereto . .
or otherwise required by the Code of Laws and Ordinances of Indian River
County in connection with the approved Preliminary Plat and Land Development
Permit , which are incorporated by reference into this contract,
2 . Developer agrees to construct said improvements strictly in
accordance with County policies for sidewalk construction as those policies
relate to location , method and type of construction , and all County development
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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 6740A0AL / AA-Me , AJ , A • , as the underwriting
bank , in the amount of $ 84 , 175 . 00 , which amount is not less than one hundred
fifteen percent ( 125 % ) 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 letter of credit
shall remain available to the County and shall not be reduced during the course
of construction without an express written modification thereof executed by all
parties . Requested reductions shall not be unreasonably withheld by the
County , but shall be subject to administrative fees as established 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
sidewalk improvements , including all those improvements to be constructed on
existing publicly dedicated or County owned property .
5 . The County agrees to approve the Final Plat , upon a finding
as to compliance with all applicable provisions of the County's Development
Regulations and Ordinances and upon execution hereof. However, nothing
herein shall be construed as creating an obligation upon the County to perform
any act or construction or maintenance until such time as the required
improvements are satisfactorily completed . 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 .
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6 . The County agrees to issue building permits and Certificates
of Occupancy prior to the installation of required sidewalk improvements so long
as Developer is not in default of the terms of this Contract .
7 . In the event the Developer shall fail or neglect to fulfill its
obligations under this contract and as required by the Code of Laws and
Ordinances of Indian River County, Florida , the Developer, as principal , and the
letter of credit shall be jointly and severally 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. 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 .
8 . 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 . 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 letter of credit to
construct the required improvements .
9 . 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 .
10 . 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 .
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IN WITNESS WHEREOF , the parties hereto have set their hands
and seals on the day and year first above written .
IRC DEVELOPMENT , L . L . C . , a Florida
limited liability company
WITNESSES :
B
sign : y _ - ---
print nar e :_ ( R?T N. SZ ,4. William J . Si s , Jr. , Maria/gel,
sign : L110�& a MAU DEVELOPER
print name : a
INDIAN RIVER COUNTY , FL O DA
By
i. eph Baird
C my Administrator
COUNTY :
Authority : Resolution No . 2005 - 121
Plat appxaved : � 2 / 21 / 06
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY :
` �
William G . Collins II
County Attorney
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� g VES
zRECE ED
MAY 2 4 2005
�l-ORIF
COUNry ATT0 ,FINEY"S
OFFICE
INDIAN RIVER COUNTY
MEMORANDUM
DATE : May 20 , 2005
TO : William G . Collins , II , County Attorney
THROUGH : Christopher J . Kafer, Jr. , P . E . , County Engine4goo�
FROM : Wilson Wetherington , Senior Engineering Inspector wlt ,
SUBJECT : Lakes of Sandridge Subdivision Phase II — Sidewalk Bond
REFERENCE : Project No . 2002120179 / PD-03-07 - 17
The enclosed engineer' s certified cost estimate and quantities have been
reviewed for bonding of interior sidewalks , and are found to be satisfactory .
If you have any questions please call me at extension 1451 .
WW/bjr
cc : Jason E . Brown , Budget Manager
D . E . Howard , Jr. , Manager, Construction Coordination
Mark Zans , Staff Planner, Current Development
William B . Eubanks , Jr. , Schulke , Bittle & Stoddard , L . L . C .
File
EAX/ :HH I B I T
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F:\Engineering\Land Development Permits\Lakes of Sandridge (fka Paladin Place)\Lakes of Sandridge Ph 2 memo cost
est for sidewalks-W Collins-cjk ww 5-20-05.doc
JOSEPH W. SCHULKE, RE, SCHULKE , BITTLE & STODDARD , LeL . C ■
JODAH B. BITTLE, P.E.
WILLAIM P. STODDARD, Ph .D., P.E. CIVIL & STRUCTURAL ENGINEERING • LAND PLANNING • ENVIRONMENTAL PERMITTING
Engineers Certified Cost Estimate — The Lakes of Sandridge Subdivision Phase II
I. Jodah Bittle, P .E., A Floridaregistered engineer, License No . 57396, do hereby certify
to Indian River County that a cost estimate has been prepared under my responsible
direction for those improvements itemized in this exhibit and that the total cost estimate
for said improvements is $77 ,441 . 00 and represents the estimated cost to construct the
interior sidewalks plus a 15 % contingency. This estimate has been prepared, in part, to
induce approval by the county of the Lakes of Sandridge Subdivision Phase H, and for
the purpose of establishing proper surety amounts associated therewith.
Date : 5 I "► o �
Jo BBittle, P .E. No , 5 396
X H I Ems' I
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1717 INDIAN RIVER BLVD., SUITE 301, VERO BEACH , FLORIDA 32960
TEL 772 / 770-9622 FAx 772 / 770-9496 EMAILsbseng@bellsouth .net
RI M . ,. . WIN
WIN
GENERAL
Interior sidewalks SF 19,240 $3 . 50 $67,340 . 00
Subtotal $679340.00
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Date:
Jod little, P.E.
Fl , Reg. No . 57396
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