HomeMy WebLinkAbout2003-021 Jan 03 03 04: 51p Indian River County 772-770-5095
17o
Kenwood Village Planned Development utility maintenance for use
with Bill of Sale
.CASH DEPOSIT AND ESCROW AGREEMENT
THIS AGREEMENT is entered into this 1i_ day of "1 "��"lic`.�" 2003,
by and between KENWOOD DEVELOPMENT CORPORATION,"a Florida
corporation (Developer), and INDIAN RIVER COUNTY, a political subdivision
of the State of Florida (County):
WITNESSETH :
WHEREAS, Developer is effecting a subdivision of certain property within
Indian River County and is required to provide surety supporting a Bill of Sale of
Utility Facilities for the maintenance of certain required utility improvements
related thereto, namely:
See Exhibit"A" attached hereto.
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
`
Dollars �.�`�`:� �tl J ;�.� 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 Bill of Sale, which is incorporated herein by reference.
2. Upon completion of the maintenance period specified in the Bill of
Sale, the Developer may obtain a disbursement from the escrow account by
making a written request to Indian River County through the County's Utilities
Director. The request shall specify the amount of disbursement, and shall be
accompanied by a sealed certificate from Developer's engineer that the work for
which disbursement is requested remains in satisfactory condition 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 Utilities Director shall cause an inspection of the work for which
payment is sought. If the Utilities Director is satisfied in all respects with the work
and certifications, the Utilities Director shall approve the disbursement. Approval
of any disbursement shall be in writing delivered to the County Office of
Management and Budget. Upon receipt of the written approval of the
1
e
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l
disbursement, the Office of Management and Budget shall make the
disbursement described therein directly to Developer, at the address specified in
the request for disbursement.
4. Upon defect in the improvements warranteed under the Bill of Sale,
the county may utilize all funds remaining in the escrow account at the time
default is declared by the County. Said funds shall be disbursed to the County
upon receipt by the Office of Management and Budget of a written statement
from the Utilities Director that Developer has defaulted under the Bill of Sale and
that said funds are necessary to repair the improvements. All funds disbursed to
County in excess of the final amount determined necessary by the County to
repair the Improvements shall be returned to Developer, its legal representatives,
successors or assigns, at the end of the guaranty period.
5. Any interest earned during the term of escrow shall be disbursed to
Developer at close of escrow less administrative expenses.
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, attomey or other party
providing labor, material, supplies, or services for construction of the required
improvements, or to benefit any lot purchaser, while such funds remain subject
to this escrow agreement. The County shall not be liable to any of the
aforementioned parties for claims against the Developer or contractor relating to
the required improvements.
7. This Agreement, together with the Bill of Sale referenced herein, 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. The effective date of this Agreement shall be the date of approval by the
Board of County Commissioners,
KENWOOD DEVELOPMENT
CORPORATION
1
By:
Mark A. Brackett, President
DEVELOPER
Date: l I �(
2
Jan 03 03 04: 52p Indian River County 772-770-5095
p. 4
"1
OFFICE OF MANAGEMENT AND
BUDGET
Date: 2 By:
Jason E. ro n, Budg anagen J
BOARD O CO NTY
COMMISSI RS OF INDIAN RIVER
COUNT
Date: 02-04-03
By:
KPnnei-h R Marhi , Chairman
BCC approved: 02-04-03
ATTEST. Jeffrey K. Barton, Clerk
Deputy Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
By:xg
William G. offing II
Deputy County Attorney
3
Addendum A 1
Kenwood Village Planned Development
DESCRIPTION JUNIT QUANTITY UNIT PRICE TOTAL
WATER
6"PVC C-900 LF 860 $9.50 $8,170.00
8" PVC C-900 LF 5080 $11.85 $60,198.00
6" Gate Valves EA 3 $450.00 $1,350.00
8" Gate Valves EA 10 $625.00 $6,250.00
Single Service EA 18 $295.00 $5,310.00
Double Service EA 47 $425.00 $19,975.00
Fire Hydrant Assembly EA 6 $1,850.00 $11,100.00
Sample Points EA 8 $160.00 $1,280.00
Tap/SLVNLV EA 2 $2,550.00 $5,100.00
Fill and Flush Connection EA 2 $475.00 $950.00
Misc. Fittings LS 1 $1,850.00 $1,850.00
Engineering LS 1 $7,000.00 $7,000.00
Survey LS 1 $1,850.00 $1,850.00
Subtotal $128,533.00
SEWER
8" PVC 0-6 Cut LF 1613 $12.00 $19,356.00
8"PVC 6-8 Cut LF 2087 $13.50 $28,174.50
8"PVC 8-10 Cut LF 989 $15.50 $15,329.50
8"PVC 10-12 Cut LF 218 $20.00 $4,360.00
Manholes 0-6 Cut EA 10 $1,400.00 $14,000.00
Manholes 6-8 Cut EA 4 $1,550.00 $6,200.00
Manholes 8-10 Cut EA 4 $1,650.00 $6,600.00
Manholes 10-12 Cut EA 2 $1,950.00 $3,900.00
Single Service EA 22 $325.00 $7,150.00
Double Service EA 44 $400.00 $17,600.00
Lift Station LS 1 $76,500.00 $76,500.00
4" PVC Forcemain LF 2360 $7.10 $16,756.00
10"x 4" Tap/SLVNLV EA 1 $1,850.00 $1,850.00
Misc. Fittings LS 1 $2,000.00 $2,000.00
Engineering LF 1 $8,250.00 $8,250.00
Survey LS 1 $2,250.00 $2,250.00
Subtotal $230,276.00
WATER TOTAL $128,533.00
SEWER T $230,276.00
TOTAL
$358,809.00
TOTAL x 25%
$89,702.25
o�'j
KENWOOD DEVELOPMENT CORPORATION 52 73
800 8TH STREET,SUITE A INDIAN RIVER NATIONAL BANK
VERO BEACH,FL 32962 VERO BEACH,FLORIDA 32960
(561)567-9255 63-1205-670 1/6/2003
PAY TOU
ORDER OF E Indian River County
**89,702.25 0
Eighty-Nine Thousand Seven Hundred Two and 25/100************************************** 8
Indian River County DOLLARS g
� A
m 10L
O
MEMO
114005273n■ 1:0670 & 20571: 0217492611'0 &
KENWOOD DEVELOPMENT CORPORATION
Indian River County
Cash Bond, Utility Maintenance 1/6/2003 5273
89,702.25
Checking
89,702.25
�Av
and should- be ret%i-rine s1 to
the county A-t Office,
�f 1840 25th St., &,
Florida �Wre Bewrida 329, 6
BILL OF SALE OF UTILITY FACILITIES
FOR KENWOOD VILLAGE P.D.
TO _
INDIAN RIVER COUNTY, FLORIDA TWWCORM OF c
JEF=FREY K BARTON 1.0
CLERK CIRCUIT COURT Co
INDIAN RIVER CO.,FLA.
KNOW ALL MEN BY THESE PRESENTS,that: KENWOOD DEVELOPMENT
CORPORATION, the address of which is: P.O. Box 1779, Vero Beach, Florida 32961,
hereinafter called GRANTOR, in consideration of value received,the receipt and sufficiency of
which is hereby acknowledged,has and does hereby grant, bargain, sell, transfer, and deliver
unto INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose address is
1840 25th Street, Vero Beach, Florida 32960, hereafter called GRANTEE, this 20th day of
November 2002, the following goods and chattels:
SEE EXHIBIT "A"ATTACHED HERETO AND MADE A PART HEREOF
0
Which utility facilities are located in existing easements or road rights of way described generally
0-1
as follows:
u�
Kenwood Drive S.W.,Kitty Hawk Lane S.W.,Hatteras Court S.W.,
Nags Head Place S.W.,Buxton Street S.W.,East Ocracoke Square S.W.,
North Ocracoke Square S.W.,West Ocracoke Square S.W. and West
Ocracoke Square S.W., all lying in Kenwood Village Planned Development
including the dedicated utility easement lying adjacent to said
Rights of Way.
TO HAVE AND TO HOLD the same unto GRANTEE forever, and GRANTOR hereby warrants
to the GRANTEE that it has free and unencumbered title to the above-described facilities, that all
persons or entities which have supplied labor or materials with respect to these facilities have
been paid in full, that none of them has any claim whatsoever with respect thereto, and that the
GRANTOR has full authority to make this conveyance and will warrant and defend the sale of
said chattels and utility facilities hereby made unto GRANTEE against the lawful claims and
demands of all persons whomsoever.
GRANTOR hereby further warrantsthat should the above described utility facilities fail or
otherwise become defective during a period of one year from the date of acceptance of same by
GRANTEE, due to defective materials or workmanship, GRANTOR shall upon each occasion be O
responsible in all respects for such failure or defect and shall correct same at GRANTORS sole -mss
cost and without expense to GRANTEE upon reasonable notice by GRANTEE. GRANTOR
shall be solely liable and shall save GRANTEE harmless from any direct or consequential w
damage attributable to such failure or defect. GRANTOR hereby also assigns all its right, title,
and interest in and to manufacture's or suppliers warranties with respect to the described
facilities.
IN WITNESS WHEREOF,the GRANTOR has herein set its hand and seal the day and year first
above written.
Signed, sealed, and delivered
in the presence of:
By:
Sign - Sign
Witness
Printed Name f ` Title-
Witriess
Printed NamL,4 4
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was sworn to and subscribed before me this 20th day of November,
2002,by Mark A. Brackett, as President,on behalf of said Corporation. He is personally known
to me.
My Commission Expires:
U
� � D
OFFICIAL NOTA Y SEA �7
LANA R CUTSHALL N Public CV
[N(O:YTrARYUBLIC grAT E OF FLORA
MISSION NO.Dpt22gy7MISSION EXP: UNE 9 Print Name �•J
Commission#
E. EXIHIB.101
" ` t
Kenwood Village Planned Development
DESCRIPTION UNIT QUANTITY JUNH PRICE TOTAL
WATER
6"PVC C-900 LF 860 $9.50 $8,170.00
8" PVC C-900 LF 5080 $11.85 $60,198.00
6"Gate Valves EA 3 $450.00 $1,350.00
8"Gate Valves EA 10 $625.00 $6,250.00
Single Service EA 18 $295.00 $5,310.00
Double Service EA 47 $425.00 $19,975.00
Fire Hydrant Assembly EA 6 $1,850.00 $11,100.00
Sample Points EA 8 $160.00 $1,280.00
Tap/SLV/VLV EA 2 $2,550.00 $5,100.00
Fill and Flush Connection EA 2 $475.00 $950.00
Misc.Fittings LS 1 $1,850.00 $1,850.00
Engineering LS 1 $7,000.00 $7,000.00
Survey LS 1 $1,850.00 $1,850.00
Subtotal $128,533.00
SEWER
8"PVC 0-6 Cut LF 1613 $12.00 $19,356.00
8"PVC 6-8 Cut LF 2087 $13.50 $28,174.50
8"PVC 8-10 Cut LF 989 $15.50 $15,329.50
8"PVC 10-12 Cut LF 218 $20.00 $4,360.00
Manholes 0-6 Cut EA 10 $1,400.00 $14,000.00
Manholes 6-8 Cut EA 4 $1,550.00 $6,200.00
Manholes 8-10 Cut EA 4 $1,650.00 $6,600.00
Manholes 10-12 Cut EA 2 $1,950.00 $3,900.00
Single Service EA 22 $325.00 $7,150.00
Double Service_ EA 44 $400.00 $17,600.00
Lift Station LS 1 $76,500.00 $76,500.00
4"PVC Forcemain LF 2360 $7.10 $16,756.00
10"x 4" Tap/SLV/VLV EA 1 $1,850.00 $1,850.00
Misc.Fittings LS 1 $2,000.00 $2,000.00
Engineering LF 1 $8,250.00 $8,250.00
Survey LS 1 $2,250.00 $2,250.00 -�–
Subtotal $230,276.00 C�3
.i—
CO
v `a
WATER TOTAL r $128,533.00 i J
SEWER T $230,276.00
C.J
TOTAL $358,809.00 co
TOTAL x 25%
$89,702.25