HomeMy WebLinkAbout2006-293C. 1 �
W"trimid Subdivision
CONTRACT FOR CONSTRUCTION OF
REQUIRED SIDEWALK IMPROVEMENTS
NO , SD =03 -11 -26-SIDE (2003060192 -46384)
THIS CONTRACT, made and entered into this 22nd day of
n „ gyst , 2006 , by and between Westfield of Vero Development
Company, 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 22, 2008 , 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 rlght-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 fumish 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 C'a�anict / Aank. ^U ,4 , as the underwriting
bank, in the amount of $111 ,823,88, 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 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 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.
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.
WESTFIELD OF VERO
DEVELOPMENT COMPANY, a Florida
corporation
WITNESS
sign :
printname: tec� Abefr7- 4AiSa ,1 Roy J . Pence , president
sign ' DEVELOPER
print nam . afoj�
INDIAN RIVER COUNTY, FL RIDA
By
J el A. Baird
unity Administrator
Authority: Resolution 2005-121
COUNTY
BCC approved plat: August 22 , 2006
APPROVED AS TO FORM AND
L AL SUFFICIENCY:
avian E . Fe I
Assistant County Attorney
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INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM JUL 112006
DATE : July 10 , 2006
TO: William G. Collins, 11, County Attorney
THROUGH: Christopher J. Kafer, Jr. , P.E. , County Engines
FROM: William B . Eubank, Jr. , Senior'
Inslp�/ecGtor jly
SUBJECT: Westfield Subdivision — Interior Sidewalk Bond
REFERENCE : 2003060192-38953 / SD-03-11 -26
The enclosed engineer' s certified cost estimate and quantities have been reviewed and are found to
be satisfactory. The total amount of the bond is $ 1117823 . 88 ($89 ,459. 10 x 125 %)
If you have any questions , please call me at extension 1451 .
WBE/wbe
cc : Jason Brown, Budget Manager
D. Howard, Jr. , Construction Coordination Manager
Mark Zans , Senior Planner, Current Development
John H. Blum, P .E. , Carter Associates, Inc.
EvLfi �^ 4, fl & 6 6 B
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FAEngineerinedand Developm=t Permits\Wmtfield\Westrield Subdivision Interior Sidewalk' Bond Memo W. Collins-7-l & 06-wbe.doc
CARTER ASSOCIATES, INC .
CONSULTING ENGINEERS AND LAND SURVEYORS
1708 21st STREET MARVIN E. CARTER, P.S.M.
VERERO BEACH, FLORIDA 32880.3472
772-562-4191 DEAN F. LUETHJE, P.E.
772-562-7180 (FAX) JOHN H. SLUM, P.E.
FRANKS CUCCURESE, P.S.M.
DAVID E. LUETHJE, P.S.M.
GEORGE SIMONS, P.E.
April 19, 2006 STEVE SNOBERGER, P.E.
PATRICK S. WALTHER, P.E.
Mr. Christopher J. Kafer, P.E.
County Engineer
Indian River County
1840 25th Street
Vero Beach, Florida 32960
RE : Westfield Subdivision
2003050192-38953 / SD-03-11 -246
Remaining Sidewalk Improvements
Dear Chris :
I, John H. Blum, P .E., a Florida Registered Engineer, License No . 45813 , do hereby
certify that a cost estimate has been prepared under my responsible direction for the
amount of sidewalk remaining (i. e. sidewalks in front of vacant lots) for the above
referenced project and that the total cost estimated for said improvements is $ 1113823 . 88
(1 ,949 sq. yds . x $45 .90 / sq. yd. x 125%) . This estimate has been prepared, in part, for
the purposes of establishing proper surety amounts associated with the Certificate of
Completion by Indian River County for the Westfield Subdivision.
Should you have any questions or need additional information, please do .not hesitate to
contact me at our office.
Sincerely,
CA4TER ASSQCIATES , INC .
Jo H. Blum, I .E.
Fl. Re& No. 45E13
1
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