HomeMy WebLinkAbout2005-051 It
Townhoum at Trillium
CONTRACT FOR CONSTRUCTION OF
REQUIRED SIDEWALK IMPROVEMENTS
NO . SD =04-06,22 -S1DECFC (2002040022 =39349)
THIS CONTRACT , made and entered into this 8th day of
February , 2005 , by and between QHO VERO BEACH Ylll, 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 , the final plat for Townhouses at Trillium was
approved by the Board of County Commissioners of Indian River County,
Florida , on August 24 , 2004 ; and
WHEREAS , a Certificate of Completion for the development within
the unincorporated area of Indian River County shall not be approved until the
Developer has installed the required sidewalk Improvements or has guaranteed
to the satisfaction of the County that such sidewalk 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 August 24, 20061 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
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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 sidewalk 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 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, Develdper
shall simultaneously herewith furnish an executed cash deposit and escrow
agreement in a form to be approved by the County, naming Developer and the
Indian River County Office of Management and Budget, as the escrow agent, in
the amount of $ 8 ,234.00 , which amount is not less than one hundred fifteen
percent ( 115 % ) of the estimated total cost of sidewalk 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 except as provided in Indian River County Code Section '
913 , 10(4 ) ( B )_ 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
I
ndemnify, 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 issue a Certificate of Completion 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 sidewalk improvements are satisfactorily completed . Satisfactory
completion in accordance with the land development permit, plans ,
specifications , and ordinance requirements of Indian river County shall be
dstermined 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 bullding 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
funds In escrow deposit shall be jointly and . severally liable to pay for the cost of
construction and installment of the required sidewalk 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.
,
S , 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
sidewalk impro�nements . 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 sidewalk improvements .
9 . Any cash deposit provided to the County by Developer with
respect to this contract shalt 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, materiatman or other
party providing labor, material , �supplles , or services for construction of the
required improvements , or to benefit any lot purchaser(s ), unless the County
shall agree otherwise in writing .
,
10v 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 .
GHO VERO BEACH V111 , INC ., ' a
Florlda cor ration
By
illia r, President
DEVELOPER
4
INDIAN R VER CO NTY, LORIpA : ,
B S
Thomas S . Lowther Ch8[ man
Board of County Commissioners
INDIAN RIVER COUNTY
BCC approved : 02 - 08 - 2005
ATTEST: Jeffrey K. Barton , Clerk
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(seal )
Deput Clerk
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APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By >P
William G . Collins 11 ;
County Attorney
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SCM , BITTLE & STODDARD , L. L .
. ,os� W. scHULKE, P.E U LKS
joDM S. arirLE, aE.
WlLLAJM P. sMDWD. Ph.b., P..E. CIVIL & ST ?XWRAt E'NOMMING • (.AND PLANNING • ENWRONMENIAI. PMITlING ti
October 26, 2004 .I F" .074 " ` T, 11
NOV • 151004
Christopher 1 , Kder, Jr., P . E.
EnSiir�eering Department GGi3;J7't �: ; .y ":: i*a�Y'$
Indian River County 0 PCF
1840 25th street
Vero Beach, FL 32950
Re: Trillium
gng�=eriug project Number. 02-842
Dear Mr. Kafer:
Wer nest that bunds be accepted for the into riar sidew ilks for both the Towrxhousm at Trilli=
ra ects per the attachod bonding amounts and certif catia�s.
and Ardhem Lakes at Trillium PM] P ,
* 1 . Townhouses at Trillium bond amount is 58,234 .00 and the sidewalks axe highlight n
yellow on the attached Pmtin
x_ Anthem Lakes at Trillium bond amount is S35, 121M and the sidewalks are higl)aghted
pink on the attached p1aw•
3 . All other sidewalks = either installed or will be installed in the very near future•
you prompt review and approval will be appreciated by alL
Should3'0 u have any questions regarding the above, please do not hesitate to 009twt my ofEce.
Sincerely
DF I f
William B . Eubank, Jr• lIl] ,` + ! irl.
NOV 0 9 2004
cc: Mr. Bill Handler INDIAN Hlvth UUUNTN
NGIAf ��PrINC niV1SIC1e
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1717 INDIAN RIV>=R BU►D., SUITE 301, VERO BENCH, FLORIDA 32960 1�f
TtL772 / 770,9622 Fuc 7T2 / 770�9A9B EM+LL sbsarsE*bel►south_ndt
jOSVHWwSCML4c PM SCHULKE , BITTLE & STCDDARD , U . C . i
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JODM & SMII, P.E
WIUJIIM R STODWD. Ph.D., e.e_ CiVlL & STRUCTURAL ENGINffR/NG • LAND P�AN1VlNG • En►vrRONMEN7xL p�'RMRTIIVG
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Engineers Certified Cost Estimate -- Townhouses at Trilllium
I, Joseph Schulke, A Florida registered ensm' 'C r, License No . 47048, do hereby I<er* to
Indian River County that a cost estimate has been prepax'ed under my responsible
direction for those improvements it =ized in this exhibit and that the total cot Otimate
to induce
for said i provemcats of the 4, 00a his sca gersfi=t has be farr pared Po$in of establishing
approval by the county
,peopor surety amowAs ass therewith•
Jos S e1, P .E.
No. 47048
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173.7 INoIAN RWR 9LVO., SINTE 301, VERO BEACH, FLORIDA 32960
TEL 772 / 77009822 F►z T72 / 770*9496 E#,wL sbse^g@beIIzOUthJ'Gt
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Townhouses at Trillium
CASH
DEPOSIT AND ESCROW AGREEMENT
THIS AGREEMENT is entered into this
8th day of
_February , 2005 , by and between GHO VERO BEACH Vili� ING., a Florida
corporation (Developer), and INDIAN RIVER COUNTY, a political subdiviSiOn of the
State of Florida (County) :
WITNESSETH ;
WHEREAS , Developer has effected deusuretY sub o�ng a property
within Indian River County and Is required to prove
with the County for the construction of certain required sidewalk improvements
related thereto;
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 Manag�F•tDe
nt
and Budget (Escrow Agent) the sum of Eight Thousand Two Hundred �'tyur ;
and No/100 Dollars , U ,S , ($6 ,234,00) , the receipt whereof it hereby
ckno d►tied
which sum shall be held In escrow by said Office , subject
shall perform
and covenants of this escrow agreemenoRh ajn Uthe a orerancetmentionedDevelor Contractfor
in all respects the obligations set f
Construction of Required Sidewalk fe e��v meats, .hich agreement is attached
hereto and Incorporated herein byre {
Upon completion of any distinct of separable phase or
26 improvement, or independent portion thereof, the Developer may obtain a
oard of
disbursement from the escrow amakingwritten
County's Publ 'it thelc Works
County Commissioners of Indian River County through
Director. The request shall spe* the amount of disbursement desired and shall be
accompanied by a sealed certificate from Developer's engineer describing the work
completed , the actual cost thereof, the estimated cost of all remaining work which is
and thatrk for which disursemet is
secured by the escrow account, twth the most scent setof pt nsnand
requested has been completed in accordance
specifications approved and on file with the County .
31 The amount of any given disbursement shall not exceed
nigh
( 30%) percent of the total cot of improvements
cering tified as eighty
the preceding paragraph ; percent cost of phase,
crow
Improvement, or which
shall
thereof. shall
nl alafter ssuance Intheto Certificate o Completion n •
ount until the
Final reduction , which shall Y
accordance with the County' s Subdivision and Platting Ordinance . ;
F;\%tt6MC,0Mr1cy\D=\?LAN\msh deposit for side K WwAhousa rpt rsiil"Lftdoc
4 , Notwithstanding the above disbursement limits,
at no time shall the
reduce
below an amount equal to one hundred •flfteen
escrow account balance be redpercent of the most recent approved cost estimate of the remaining cequlred
(115%)
improvements.
5 , Within seven (7) working days alto receipt f the wok ur which ;
requement
est, the Public Works Director shall cause an inspection
paymin all respects With the
ent is sought . If the Public Works Director
is sa I s,i the Public Works Director
work, the accompanying cost estimates and cert
shall notify in writing the County office of Managementdisbursement as pproIFILdg�ed by the Public
Management and Budget shall make the dish
Works Director directly to Developer.
g, Upon default by developer
avaUab avthe ailable therein . Ail funds rthe emuair�iing �n
elect to pursue any of the remedies
the escrow account at the time default is declared by the t. Said
idhflnds shall ble
for use by the County in accordance with the Contract.
disbursed to the County upon receipt by the Office of Management and Budget of a
certified copy of a resolution of the Board of County Commissioners slating that
Developer has defaulted under the Contract and that Saito andsCouna e n e9 of to
complete the required improvements . 11
funds disbursed
da complete the required
final amount determined necessary Y
improvements shalt be returned to Developer, its legal representatives , successors
or assigns. ;
7 , Any interest earned during the term of escrow, less administrative
expenses , shall be disbursed to Developers at close of escrow.
8 , 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, oub�ntr acipri ,
laborer, materiaiman , architect, engineer, attorney e reor quired i pro emen s , or to
material, supplles , or services for construction of e4
benefit any lot purchase, while such funds
o hErwisenin writing . The Cothis unty shalagreements
not btQ
unless and until the County shall agree
arties for claims against the Developer or
liable to any of the aforementioned p
contractor relating to the required subdivision improvements .
g , This Agreement, together with the attached Contract, is the Fula
and complete understanding of the parties and shall not be d understanding ,g, aexcept od as
reference to any prior agreement, discussion , without the
specifically mentioned herein . This uAgreeAn ntamertlnot dmentedeletion�modif cation ,
express written approval of the Co Y y and executed by authorized
extension , or revision hereof or hereto shall be In writing , a ;
representatives of each party.
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IN WITNESS WHEREOFf the parties hereto have set their hands and
seals . The date of this agreement shall be the date of approval by the Board of
County
Commissioners , as first stated above.
GHO VERO EACH V111, INC . , a Florida
corporatla Developer
By , President
Willi
BOAR . OF GOOUN'� Y,Ty IFLORIDAS
OF INDIAN RIVER
By. S-
Thomas S . Lowthela Chairman
BCC approved : 02 - 08 - 2005
Attest: • C '
Jeffrey K. Barton , Cier
AppjJascoin .
Budget
By:
o , Director
gment and Budget
APPRO B1D A4 So FORM
AND tads .
wttuAM 4. courws M
coulmov w
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F,\rtj0meyNna°cy\DM" AN\raal► deposit for side K ImMbOW6 at trt71iunt d0o
TOTAL P . 25
IRBldg Indian River County OHO Development Corporation
1840 25th Street Check Number 1 - 00045148
Vero Beach , FL 32960 Check Date Jan 5 , 2005
Date Invoice Reference Invoice Amt Retention Discount Payment
0001 GHO Development Corporation
01 / 05 / 05 TT-SIDEWALK TT , 00 8 , 234 . 00 0 . 00 0. 00 81234 . 00
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
. . . . . . . . . . . . . .
Total Remittance 80234 . 00 0 . 00 . 00 8 , 234 . 00
H H 1T 00 1093 01
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