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Home My WebLink About2005-072 12/ 16/ 2004 14 : 21 7725694317 IRC COUNTY ATTORNEY PAGE 02 CONTRACT FOR CONSTRUCTION OF REQUIRED SIDEWALK IMPROVEMENTS NO . PD -03-05-15-SIDE (2002050008m43727) THIS CONTRACT , made and entered into this 22nd day of February , 200T by and between Atlantic Coast Construction and Development, Inc., a Florida corporation , 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 , Developer requests the approval of the Final Plat for Hidden Lake, P.D . ; 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 We n I C nuc , 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 heretom 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. I F:latttonmylnancylU=1F4RWaide k for loc hidden lake.doc y • I � � A lit . • ' • • r• • A . q r. 1 ' • + ♦ • • _ r • 1 L ' r. • 1 • r . a 1 • • f k J , r • 1 • ' • . U : r " • L 1 I ` I 1 � ♦ t _• r l • I i • f + • l I . • 1 � _ l • � - 1 • � ♦ 1 1 . 1 ill 1 1 f 1 It jfTw� f7. 011 I IV WE • i • • _ tt i • _ _ rl• 1 r • it •. . ♦ 1 • 1 ' ALN it 1 • :► . M r • • _ • 1 _ _ . . I • . • � 1 . • ' + At • • • ' t { ' -T1 1 ' 1 •IV - , . . • r . r , • ' .. I. lit { � a f " ' a � � M I . M . 1 • ' - - ♦ V IL . - r - ' ilk a - • r1 1 - • • 12 / 16/ 2004 14 : 21 7725694317 IRC COUNTY ATTORNEY PAGE 04 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 fall 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 cant' 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 . B . 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. 3 F:\atknneylna=y\DdCS\FORMSWde k for loc hidden ]ake.doc t - 12 / 16/ 2004 14 : 21 7725694317 IRC COUNTY ATTORNEY PAGE 05 IN WITNESS WHEREOF , the parties hereto have set their hands and seals on the day and year first above written . ATLANTIC COAST CONSTRUCTION AND DEVELOPMENT, INC . , a Florida corpo r By In, President DEVELOPER INDIAN RIVER COUN , FLORIDA B S - Thomas S . Lowther , Chairman Board of County Commissioners COUNTY ATTEST : Jeffrey K . Barton , Clerk BCC approved : 02 - 22 - 2005 By: (seal) Deputy lark APPROVED AS TO FORM AND LEGAL SUSWIC ,,, NCY: William G . Collins 11 County Attorney 4 F .\attomey\uancy\DOCS\'FpRtSbide k for loc hidden lakc.doc JOSEPH W. SCHULKE, RE. SCHULKE , BITTLE & STODDARD , L . L . C . JODAH B. BITTLE, P. E. WILLAIM P. STODDARD, Ph.D., P. E. CIVIL & STRUCTURAL ENGINEERING • LAND PLANNING • ENVIRONMENTAL PERMITTING Engineers Certified Cost Estimate — Hidden Lakes Subdivision I, Joseph Schulke, A Florida registered engineer, License No . 47048 , 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 $ 55 , 545 . 00 . This estimate has been prepared, in part, to induce approval by the county of the Hidden Lakes Subdivision, and for the purpose of establishing proper surety amounts associated therewith. Date :al os S Ike i: . No . 47048 EXHIBIT A Page 1 of 2 1717 INDIAN RIVER BLVD., SUITE 301, VERO BEACH , FLORIDA 32960 TEL 772 / 770-9622 FAx 772 / 770-9496 EMAILsbseng@bellsouth . net 4 3 J GENERAL Interior sidewalks SF 13800 $3 . 50 $48 , 300 .00 Subtotal $489300.00 a v, All u, � i 4aWk*". 00� _ Date : Z & OV Jo j h ;1 uljt , F.E. �` 7 FI . R: i� Page 2 of 2