HomeMy WebLinkAbout2005-258 Grace Grove, Phase II L
CONTRACT FOR CONSTRUCTION OF
REQUIRED SIDEWALK IMPROVEMENTS
NO . SD =02 -08 - 14 -SIDE (2002040060 =42846 )
+41
LL THIS CONTRACT , made and entered into this day of
k-L 2005 , by and between Indian River County Habitat for
Humani y, 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 , 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 2 , 2007 , a date being
two years from date of final plat approval , 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
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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 , 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 approv by the County , _n. a� ming Developer
as customer and tlVE ;1WIfre underwriting
bank , in the amount of $ 33 , 495 . 00 , w amount is not less than one hundred
twenty-five 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 shell 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 .
INDIAN RIVER COUNTY HABITAT
FOR HUMANITY , INC .
WITNESS S :
sign : K � By
print name : #4�O*f" �'- 4fo &od�fic France Kenyon , Presid n
DEVELOPER
int n e :
INDIAN RIVER COUNTY , FLORIDA
By ,
Thomas S . Lowther, Chairman
Board of County Commissioners
COUNTY
ATTEST : Jeffrey K . Barton , Clerk BCC approved : o8 - o2 - 2oo5
B &0�aizc (seal )
Deputy Clerk 94 Ir
i
VED AS TO FORM AN FFICIE CY :
William G . Collins II
County Attorney
4
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Grace Grove , Phase II V cW ~-
CONTRACT FOR CONSTRUCTION OF
REQUIRED IMPROVEMENTS
NO . SD =02 -08 - 14 -CFC ( 200204006042846 )
THIS CONTRACT , made and entered into this day of
IILIJ 2005 by and between Indian River County Habitat for Humanity,
Inc . , a FI rida 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 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 Grace Grove , Phase II ; 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 August 2 , 2006 ( a date
being one year from date of final plat approval ) , 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 .
1
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S
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 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
approved by the Cou ty , n ng D veloper as customer and
L , as the
unde I Ing bank , in the unt of $ 68 , 320 . 00 , which amount is not less than one
hundred twenty-five 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 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 . 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 .
2
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Developer shall remain responsible for futility 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
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 letter(s ) 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( s ) 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( s ) of credit for the final total cost of the improvements . Developer shall remain
wholly liable for any resulting deficiency , should the letter( s ) 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( s ) 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 .
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
3
F :\Attorney\Nancy\DOCS\PLAN\grace grove k for con for loc 125% . doc
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 .
INDIAN RIVER COUNTY HABITAT FOR
HUMANITY , INC .
WITNESSES : DEVELOPER
sign : By
print name : A.✓.o.ir " .4e,- France Kenyon , Presi
jtn
L7pr4e :
INDIAN RIVER COUNTY , FLORIDA
By : �� (S � k
Thomas S . Lowther, Chairman
Board of County Commissioners
4
AT75 Jeffrey K . B Clerk
� l
BCC approved : 08 . 10 - 2005
Deputy Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY :
By : i w X01U4W
� William G . Collins
' County Attorney
4
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r
ENGINEERING , INC .
CONSULTING ENGINEERING
MBV,MOIA BOWLES VILLAMIZAR & ASSOCIATES
June 29 , 2005
Mr. Chris Kafer Via Hand Delivery
Indian River County Engineering
184025 1h Street
Vero Beach, FL 32960
Subject : Grace Groves Subdivision - Phase II
Indian River County, Florida
Engineer' s Project Number : 01 - 584C
Dear Mr. Kafer :
In order to obtain final plat approval of the subject subdivision, please accept the
following estimates of the items remaining to be completed. The developer will provide
a bond in the amount described.
1 . !rAernal sidewalk (4 ' wide) 7656 SF 3056isf $ 269796�6�
2 . 6 ' Opaque Fencing 1952 LF $28 . 00/LF $ 54 , 656 . 00
SUBTOTAL $
TOTAL $ :89-
Should you have any questions regarding the above subject, please call .
Very tr ly urs ,
Bruce A . Mo a, P . E . id ,
BAM/jeh
cc : Mr . Andy Bowler - Habitat for Humanity Via Facsimile
EXH 01
2455 - 14TH AVENUE VERO BEACH , FLORIDA 32960
Phone (772) 569-0035 Fax (772) 778 -3617 E- mail : mbveng@bel [ south . net
ENGINEERING , INC .
CONSULTING ENGINEERING
UBV,MOIA BOWLES VILLAMIZAR & ASSOCIATES
June 29 , 2005
Mr. Chris Kafer Via Hand Delivery
Indian River County Engineering
1840 25th Street
Vero Beach, FL 32960
Subject : Grace Groves Subdivision — Phase II
Indian River County, Florida
Engineer' s Project Number : 01 - 584C
Dear Mr. Kafer :
In order to obtain final plat approval of the subject subdivision, please accept the
following estimates of the items remaining to be completed. The developer will provide
a bond in the amount described.
1 . Internal sidewalk (4 ' wide) 7656 SF $ 3 . 50/SF $ 26 , 796 . 00 �`, �n r 7q10 .
d
SUBTOTAL $ -x-66- x
+ 25 % $ iv-� `v�v_ �j j b `�n -IQ �V
TOTAL $ 5689- f q Q 6- . 6 6
Should you have any questions regarding the above subject, please call .
Very ly urs,
Bruce A . Mo a, P . E .
BAM/j eh
cc : Mr . Andy Bowler — Habitat for Humanity Via Facsimile
1111
EXHIBIT A,
2455 - 14TH AVENUE VERO BEACH , FLORIDA 32960
Phone (772) 569-0035 Fax (772) 778 -3617 E- mail : mbvengabellsouth . net