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Home My WebLink About2006-314 A 9 /0 Citrus Springs Village "D" & "F" Phase 1 - P.D. 1 - 3I q MODIFICATION TO CONTRACT FOR CONSTRUCTION OF REQUIRED SIDEWALK IMPROVEMENTS NO. PD-03-01 -03 -SIDEPH1 (99100114-37258 ) THIS MODIFICATION , made and entered into this t day of September 2006 , by and between The Suntree Partners, a Florida general partnership , 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 entered into a Contract for Construction of Required Sidewalk Improvements No . PD-03-01 -03-SIDEPH1 (99100114- 37258 ) guaranteeing the completion of certain required sidewalk improvements ; and WHEREAS , certain of the required sidewalk improvements are not completed as outlined in Exhibit "A" attached hereto, and WHEREAS, the Indian River County Code requires the developer to construct required sidewalk improvements , within two years from the date of final plat approval with the ability to extend the contract for construction and posted security for an additional two years ; and WHEREAS, the final plat for Citrus Springs Village " D " & "F" Phase 1 - P . D. was approved by the Board of County Commissioners of Indian River County on June 8 , 2004 ; and WHEREAS , Developer wishes to extend the contract date in which to complete the remaining required sidewalk improvements to June 8 , 2008 which is within the code requirement; and WHEREAS , Developer additionally wishes to reduce the amount of security in place since a majority of the sidewalks has been constructed and inspected ; and WHEREAS , adequate security, in the form of cash , has been posted and Developer has entered into a Cash Deposit and Escrow Agreement, NOW, THEREFORE , IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES HEREIN CONTAINED , the parties agree as follows : 1 . The date for completion of the remaining required sidewalk improvements as outlined in the Contract for Construction of Required Sidewalk Improvements No . PD-03-01 -03-SIDEPHI (99100114-37258 ) is extended to June 8 , 2008 . 2. Cash in the amount of $7 , 522 . 50 representing 125 % of the amount of the remaining sidewalks to be constructed and in accordance with the approved certified cost estimate attached hereto as Exhibit "A" is acceptable , along with the accompanying Cash Deposit and Escrow Agreement. 3 . All other terms set out in the Contract for Construction of Required Sidewalk Improvements No. PD-03-01 -03-SIDEPHI (99100114-37258 ) remain in full force and effect. IN WITNESS WHEREOF , the parties hereto have set their hands and seals on the day and year first above written . THE SUNTREE PARTNERS , a Florida general partnership, DEVELOPER By HMM, INC . , a Florida corporation, Gener i Partner By: f Myra K laley, President INDIAN RIVER COUNTY, FLORIDA by and through its Board of County Commissioners B� Arthur R. Ne r, Chai BCC Approved : September 2006 ATTEST: J . K. Barton , Clerk of Court By : �i/ c ' tl Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By441,11ameBraal Assistant County Attorney 2 Ft\AwrneylNanoylD0051PLAN%MODIFICATO K for side con citrus d9f phl .doc � gtvER RECEIVED q AUG 3 1 2006 y COUNTY ATT ORNEY ' S �LORIpA OFFICE INDIAN RIVER COUNTY MEMORANDUM DATE : August 31 , 2006 TO : William G . Collins , ll , County Attorney THROUGH : Christopher J . Kafer, Jr. , P . E . , County Engine Cr FROM : William B . Eubank, Jr. , Senior Engineering Inspector ice` REFERENCE: Citrus Springs Village " D" Phase I and Village "F" Phase I Sidewalk Bond SUBJECT: L. D. P. No . 99100114-34003 / PD-03-02-07 The enclosed revised engineer's certified cost estimate and quantities dated August 29, 2006 have been reviewed for bonding of interior sidewalks , and are found to be satisfactory. New bond amount is $7 ,522 . 50 ( 125% of $6 , 018 .00) If you have any questions please call me at extension 1451 W W/bj r cc: Jason E. Brown , Budget Manager D . E . Howard , Jr. , Manager Construction Coordination Mark Zans , Senior Planner/GIS Jodah Bittle, P . E . , Schulke , Bittle & Stoddard , LLC X � I I D {L I Page 1 of 4 FAEngineeringU.and Development Permits\Citrus Springs\Citrus Springs Vil D & part of F sidewalk bond-Will Collins-cjk wbe 8-31 -06.doc JOSEPH W. SCHULKE, P.E. SCHULKE , BITTLE & STODDARD , L . L . C . JODAH B. BnTLE, P.E. WILLIAM P. STOODDARD, Ph.D., P.E. CIVIL & STRUCTURAL ENGINEERING • LAND PLANNING • ENVIRONMENTAL PERMITTING August 29, 2006 Chris Kafer, P . E . Engineering Department Indian River County 1840 25 'h Street Vero Beach, FL 32960 Re : Interior Sidewalk Bond Reduction for Citrus Spring D1 & F1 LDP #99100114-34003 /PD-03- 10-03 Dear Mr. Kafer: Per your letter dated August 4, 2006, attached is new estimate for the remaining sidewalks to be installed in Citrus Springs Village D, Phase I and Village F, Phase l per the approved LDP Permit. All sidewalks have been installed with the exception of Lot # 85 in D - 1 and Lots 12 , 13714, & 17 in F- 1 . We therefore respectfully request a reduction in the bond amount to $7,522 . 50. If you have any questions please do not hesitate to give me a call . Sincerely, Ke neth W . Jones C stucionrt {i Manager //J1 CC : Charles Boudreraux 321 -242-0476 Page 2 of 4 1717 INDIAN RIVER BLVD., SUITE 201 , VERO BEACH, FLORIDA 32960 TFL 772 / 770-9622 FAx 772 1770-9496 EMAIL info@sbsengineers.com JOSEPH W. SCHULKE, P.E. SCHULKE , BITTLE & STODDARD , L . L . C . JODAH B. BITTLE, P.E. WILLIAM P. STODDDARD, Ph 0. , RE- CIVIL & STRUCTURAL ENGINEERING • LAND PLANNING • ENVIRONMENTAL PERMITTING Engineer Certified Cost Estimate, Citrus Springs Subdivision Village D-1 & F-1 I , Jodah Bittle, 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 57,522.50. This estimate includes a 25 % contingency. This estimate has been prepared, in part, to induce approval by the county of the Citrus Springs Subdivision Village D- 1 & F- 1 , and for the purpose of establishing proper surety amounts ssociated thetewith. Date : 8 zqO Jodah Bittl , P .E . No . 57396 - t , Page 3 of 4 1717 INDIAN RIVER BLVD., SUITE 201 , VERO BEACH, FLORIDA 32960 TFL 772 1770-9622 FAx 772 1770-9496 Eruct info@sbsengineers .com BOND AMOUNT FOR CITRUS SPRINGS SUBDIVISION Village D- 1 & F- 1 7/7/2005 DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL GENERAL Interior sidewalks SF 1 , 180 $5 . 10 $61018 . 00 Lots D- i #85 Lots F-1 # 12, 13114, 17 Subtotal $6,018.00 PLUS 25% $1 ,504.50 BOND AMOUNT y $7,522.50 j t*��l ------- -Datcl2alot Jod Bittle, P.E. Fl. R g. No. 57396 Page 4 of 4 Citrus Springs Village "D" & ' ' Phase 1 - P.D. CASH DEPOSIT AND ESCROW AGREEMENT THIS AGREEMENT is entered into this t day of September , 2006 , by and between The Suntree Partners , a Florida general partnership (Developer) , and INDIAN RIVER COUNTY, a political subdivision of the State of Florida (County) : WITNESSETH ; WHEREAS , Developer has effected a subdivision of certain property within Indian River County and is required to provide surety supporting a contract 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 Management and Budget ( Escrow Agent) the sum of Seven Thousand Five Hundred Twenty* Two and 501100 Dollars , U .S . ($7 ,522 .50) , the receipt whereof is hereby acknowledged , which sum shall be held in escrow by said Office , subject to the terms , conditions and covenants of this escrow agreement as assurance that Developer shall perform in all respects the obligations set forth in the aforementioned Contract for Construction of Required Sidewalk Improvements , which agreement is attached hereto and incorporated herein by reference (Contract) . 2 . Upon completion, the Developer may obtain a disbursement from the escrow account by making a written request to the Board of County Commissioners of Indian River County through the County's Public Works Director. The request shall specify the amount of disbursement desired and shall be accompanied by a sealed certificate from Developers engineer describing the work completed , the actual cost thereof, the estimated cost of all remaining work which is secured by the escrow account, and that the work for which disbursement is requested has been completed in accordance with the most recent set of plans and specifications approved and on file with the County . 3 . Within seven (7) working days after receipt of a disbursement request, the Public Works Director shall cause an inspection of the work for which payment is sought. If the Public Works Director is satisfied in all respects with the work, the accompanying cost estimates and certifications , the Public Works Director shall notify in writing the County Office of Management and Budget. The Office of Management and Budget shall make the disbursement as approved by the Public Works Director directly to Developer. 1 FSAttomey\Nancy\DOCS\FLAN\cash side citrus springs d&f ph Ldac 4 . Upon default by developer under the Contract, the County may elect to pursue any of the remedies made available therein . All funds remaining in the escrow account at the time default is declared by the County shall be available for use by the County in accordance with the Contract. Said funds shall be 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 stating that Developer has defaulted under the Contract and that said funds are necessary to complete the required improvements_ All funds disbursed to County in excess of the final amount determined necessary by the County to complete the required improvements shall be returned to Developer, its legal representatives, successors or assigns. 5 . Any interest earned during the term of escrow, less administrative expenses, shall be disbursed to Developers at close of escrow. 6 . 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, subcontractor, laborer, materialman , architect, engineer, attorney or other party providing labor, material , supplies , or services for construction of the required improvements, or to benefit any lot purchase , while such funds remain subject to this escrow agreement, unless and until the County shall agree otherwise in writing . The County shall not be liable to any of the aforementioned parties for claims against the Developer or contractor relating to the required subdivision improvements . 7 . This Agreement, together with the attached Contract, is the full and complete understanding of the parties and shall not be construed or amplified by reference to any prior agreement, discussion , or understanding , 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 , and executed by authorized representatives of each party. IN WITNESS WHEREOF , the parties hereto have set their hands and seals on the day and year first above written . THE SUNTREE PARTNERS , a Florida general partnership, Developer By: HMM , INC . , a Florida corporation , Genera Partner By: Myra Haley, President z FAAttornoy\Nancy\DOCS\PLAN\cash side citrus springs d&f ph I doc BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA B :: (' a.... QkAj Arthur R. Neu4Aer, Cha rm ATTEST: J . K. Barton , Clerk of Court BCC Approved : September 19 , 06 By: Deputy Clerk Approv ast kudge By: UVVy ' Jason q. Brow4 Director Office 77 ement and Budget Approved as to form and legal suffici� c By: William K. DeBraal Assistant County Attorney 3 F: AttomeyWancy\DOCS\PLAMcash side citrus springs d&f ph Lem 4��ER RECEIVED 2 AUG 3 1 2006 i COUNTY ATTORNEY' S ORl�' OFFICE INDIAN RIVER COUNTY MEMORANDUM DATE : August 31 , 2006 TO : William G . Collins , II , County Attorney THROUGH : Christopher J . Kafer, Jr. , P . E . , County Engine FROM : William B . Eubank, Jr. , Senior Engineering Insp ctor ic)21 REFERENCE: Citrus Springs Village "D" Phase I and Village "F° Phase I Sidewalk Bond SUBJECT: L. D . P . No. 99100114-34003 / PD-03-02-07 The enclosed revised engineer's certified cost estimate and quantities dated August 29 , 2006 have been reviewed for bonding of interior sidewalks, and are found to be satisfactory . New bond amount is $7,522. 50 ( 125% of $6 , 018 .00) If you have any questions please call me at extension 1451 WW/bjr cc : Jason E . Brown , Budget Manager D . E . Howard , Jr. , Manager Construction Coordination Mark Zans , Senior Planner/GIS Jodah Bittle, P . E . , Schulke , Bittle & Stoddard , LLC !_ 9 i I i T " A " ' Page 1 of 4 FAEngineering\Land Development Permits\Citrus Springs\Citrus Springs Vii D & part of F sidewalk bond-Will Collins-cjk wbe 6-31 -06.doc JOSEPH W. SCHULKE, P.E. SCHULKE , BITTLE & STODDARD , L . L . C . JODAH 8. BITTLE, P.E. WILLIAM P. STOODDARD, Ph.D., P.E. CIVIL & STRUCTURAL ENGINEERING • LAND PLANNING • ENVIRONMENTAL PERMITTING August 29 , 2006 Chris Kafer, P .E . Engineering Department Indian River County 1840 25 `1i Street Vero Beach, FL 32960 Re: Interior Sidewalk Bond Reduction for Citrus Spring D1 & F1 LDP #99100114-34003 /PD-03- 10-03 Dear Mr. Kafer: Per your letter dated August 4, 2006, attached is new estimate for the remaining sidewalks to be installed in Citrus Springs Village D, Phase I and Village F, Phase 1 per the approved LDP Permit. All sidewalks have been installed with the exception of Lot #85 in D - 1 and Lots 1233 , 14, & 17 in F- 1 . We therefore respectfully request a reduction in the bond amount to $ 7 , 522 . 50. If you have any questions please do not hesitate to give me a call. Sincerely , Ke neth W. ,Jvnes C nstructioManager CC : Charles Boudreraux 321 -242-0476 p p u 6m �a I 1 a � r Page 2 of 4 1717 INDIAN RIVER BLVD., SUITE 201 , VERO BEACH , FLORIDA 32960 TEL 772 1770-9622 Fm 772 J 770-9496 EMAIL !nfo@sbsengineers.com JOSEPH W. SCHULKE, P.E. SCHULKE , BITTLE Cit STODDARD , L . L . C . JODAH B. BITTLE, P.E. WILLIAM P. STODDDARD, Ph.D., P.E. CIVIL & STRUCTURAL ENGINEERING • LAND PLANNING • ENVIRONMENTAL PERMITTING Engineer Certified Cost Estimate, Citrus Springs Subdivision Village D-1 & F-1 I, Jodah Bittle, 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 $7,522.50. This estimate includes a 25 % contingency. This estimate has been prepared, in part, to induce approval by the county of the Citrus Springs Subdivision Village D- 1 & F- 1 , and for the purpose of establishing proper surety amounts ssociated th ewith. I Date : 829 O Jodah Bittl , P .E . No . 57396 E 3 -€ Page 3 of 4 1717 INDIAN RIVER BLVD., SUITE 201 , VERO BEACH, FLORIDA 32960 Tel. 772 1770-9622 FAx 772 / 770-9496 EMAIL info@sbsengineers.mm BOND AMOUNT FOR CITRUS SPRINGS SUBDIVISION Village D- 1 & F - 1 7rn2oo5 DESCRIPTION UNIT I QUANTITY JUNIT PRICE TOTAL GENERAL Interior sidewalks SF 1 , 180 $5 . 10 $6,018 . 00 Lots D- 1 #85 Lots F- 1 # 12213 , 14117 Subtotal $6,018.00 PLUS 25% $1,504.50 BOND AMOUNT $7,522.50 j ��/ Date:S3 241 Jod Bittle, P.E. Fl. Rd& No. 57396 � r1L.a 9 Page 4 of 4 �9 _ Cru rV_ sv oa , vu�T r swm �3*asees �a� r. r� � 7s ¢x, �?��^ � �_AK1e+ Sr s 'n�, ewrazu3 _,.e wbse r �n _rrc ana a _ iar�mss stew ,3 — -- - — - ... .— THE SUNTREE PARTNERS WACHOVIA 9216 _ PO BOX 410999 Wachovia Bank, N.A MELBOURNE, FL 32941 . , 63-7611631 . 321 -242.6210 9/1 /2006 FAYTOTIE Indian River County '"`7, 522. 50 }' Y ORDER OF Seven Thousand Five Hundred Twenty-Two and 50/100•""*" `*""'*"'*" »»»...,..,..»»_»».....».»...»».»»....»*. PP {� DOLLARS Indian River County l Environmental Control Office 1900 - 27th Street - Sa Vero Beach, FL 32960 jhhlEMO '.; sidewalk bond Citrus gs trus Sprin �-1 $ F-1 ,__.. ,;icunl m� ar icoti a is a cw wr wcea Iry necrc woaoam _ 4 .. .._. . _ ..__ . __.. ._.. . . .,.... . . . .. _..... . ._ - .. 0009 2 16 ,10 1 " 063 i075 131 * 209000 473 25 1811' THE SUNTREE PARTNERS 9216 Indian River County 9/1 /2006 Bonds (0.25(x1$7, 522.49) sidewalk bond 11880.62 Bonds (0. 75@$7, 522.50) sidewalk bond 5,641 .88 I I Cash sidewalk bond Citrus Springs D-1 & F-1 7, 522. 50