Loading...
HomeMy WebLinkAbout2005-238g 1� X : Stoney Brook Farm CONTRACT FOR CONSTRUCTION OF REQUIRED SIDEWALK IMPROVEMENTS NO . SD -04 -05 - 17 =CFCSIDE (2003110240 =46697 ) THIS CONTRACT , made and entered into this 12th day of July , 20053 by and between Stoneybrook Farms Group, 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 approvec 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 b 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 July 12 , 2007 , 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 thos policies relate to location , method and type of construction , and all County development i F :\Attorney\Nancy\DOCS\PLAN\stoney brook side k for loc 125% .doc .r 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 AmSouth Bank , as the underwriting bank , in the amount of $ 129 , 500 . 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 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 . 2 F:\Attomey\Nancy\DOCS\PLAN\stoney brook side k for loc 125%.doc 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 forte cost of construction and installment of the required improvements to the final total cost , including but not limited to engineering , construction , legal and contin ent 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 sh II 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 Dev toper 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 orimpliedly , to benefit or secure payment to any subcontractor , laborer , materialmcoin 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 understan ing 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 Nithout 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:\Attomey\Nancy\DOCS\PLAN\stoney brook side k for loc 125% . doc IN WITNESS WHEREOF , the parties hereto have set their hands and seals on the day and year first above written . STONEYBROOK FARMS GROUP , L . L . C . , a Florida limited liability company WITNESSES : f sign : O� t By print n 4Eely** j � � +„n -C Mark A . rackett , Manager sign : DEVELOPER prin at'L C at IND RIVER COUNTY , FLORIDA By Thomas S . Lowther , Chairman Board of County Commissioners COUNTY ATTEST : Jeffrey K . Barton , Clerk BCC approved : July 12 , 2005 B .. �- ( seal ) yL Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY : William G . Collins II County Attorney 4 F:\Attomey\Nancy\DOCS\PLAN\stoney brook side k for loc 125% .doc � gIVER omi INDIAN RIVER COUNTY MEMORANDUM DATE . July 6 , 2005 TO : William G . Collins , 11 , County Attorney THROUGH . Christopher J . Kafer, Jr. , P . E . , County Engine r FROM : Wilson Wetherington , Senior Engineering Ins ecto SUBJECT : Stoney Brook Farm Subdivision — Onsite Sidewalk Bond REFERENCE . Project No . 2003110240 / SD-04-05A 7 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 David B . Cox , Civil Engineer D . E . Howard , Jr. , Manager, Construction Coordination Mark Zans , Staff Planner, Current Development Jodah Bittle , P . E . , Schulke , Bittle & Stoddard , L . L . C . File 11 G, II 1 - , y page 1 of 3 F:\Engineering\Land Development Permits\Stoney Brook Farm SD\Stoney Brook Farm Sub memo cost est lor sidewalks- W Collins-cjk ww 7-06-05.doc JOSEPH W. SCHULKE, RE. SCHULKE , BITTLE & STODDARD , L . L . C . JODAH B . BITTLE, P. E. WILLIAM P. STODDARD , Ph . D . , RE. CIVIL & STRUCTURAL ENGINEERING • LAND PLANNING • ENVIRONMENTAL PERMITTING Engineers Certified Cost Estimate Stoney Brook Farm Subdivision- Onsite Sidewalk I, Jodah Bittle , P . E . , A Florida registered 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 $ 129, 500 . 00 and represents the estimated cost to construct onsite sidewalk plus a 25 % contingency. This estimate has been prepared, in part, to induce approval by the county of the final plat and bond amount for the Stoney Brook Farm Subdivision, and for the purpose of establishing proper surety amounts associated therewith. 1' Date : July 6 2005 Jod ; h 13ittle, F . E . No . 57396 page 2 of 3 1717 INDIAN RIVER BLVD . , SUITE 301 , VERO BEACH , FLORIDA 32960 TEL 772 / 770 -9622 Fax 772 / 770-9496 EMAILsbseng@bellsouth . net O ,O O O Ui ' D O w "' _ � M X Z � W 9 H ' A Q1 c LL , 4moUJI O Z I MIApz o � c q CA A'