HomeMy WebLinkAbout2003-333 7
Carriage Lake at Vero PD PLANLEGAL(wGGnbm)
n 1" s ,
U U corporate, for use with
letter of credit
CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS
NO . PD =00 -09 -14-CFC (20010158 =35508 )
THIS CONTRACT , made and entered into this 9th day of
December , 2003 by and between Carriage Lake at Vero , 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 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 Carriage Lake at Vero PD ; 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
I C7 , in a good and workmanlike manner, those
imp vem nts described as follows :
See Exhibit "A" attached hereto
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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 .
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 be
approved by the County, naming Developer as customer and
J6 L4 TP VR 4 S j 6A >%J K, , as the
underwriting bank, in the amount of $ 145 , 693 . 96 , which amount is not less than one
hundred fifteen percent ( 115 % ) 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. 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 .
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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 . 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 .
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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
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. bands , .an
seals on the day and year first above written .
CA IAGE LAK T E Florida
WITNE E ji ited liabilityY
sign : B :
_. :
print name : o onald L. mms , Manager
sign : Q
print na e :
(affix corporate seal )
INDIAN RIV COUNTY , FLORIDA
By: K0
enneth R . Macht , Chairman
Board of County Commissioners
ATT Jeffrey K . B n , Clerk
BCC approved : December 2003
B
Deputy Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
By. .
William G . Collins II
County Attorney
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PAP k h *�
MOSBY AND ASSOCIATES, INC.
2455 14th Avenue
Post Office Box 6368
Vero Beach, Florida 32961 -6368
Telephone: 772-569-0035 • Facsimile: 772-778-3617
December 1 , 2003
Mr. Chris Kafer, P .E. Via Hand Delivery
Indian River County Engineering 31 I V2 3
1840 25th Street 3� S
Vero Beach, FL 32960 ' *�
DEC 1003
Subject: Carriage Lakes
Indian River County, Florida
Engineering Project Number: 0 1 -219A ' F cti
Dear Mr. Kafer:
In order to record the plat for the subject project, please accept this revised letter
certifying the costs of the remaining outstanding construction items .
1 . Kings Highway Berm $ 209000 . 00
2 . Berth Landscaping $ 50, 000 . 00 /
3 . Removal of asphalt at construction entrance $ 15000 . 00
4 . Raise overflow structure 0 . 3 feet $ 12000 . 00
5 . Section "AA ' and "BB" internal landscape berms
1 year maintenance $ 10,000 . 00
6 . Interior sidewalls $ 44,690 .40
Subtotal $ 126,690 .40
Additional 15% $ 194003 . 56
Bond Amount $ 145,693 .96
Pleaseti4ccepf
this certification to ensure that the required improvements will be
coii .lete : �S _ you have any questions regarding the above subject, please call.
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ce .. O • "
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Be ''� '
cc : Mr. Don Simms