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HomeMy WebLinkAboutDevelopers Agreement, Estimated Costs and BondVillages of Sebastian Highlands SUC Lt RECEIVED JUL 9 9 1989 A General Development Corporation Community 1243 SOUl7-4 U.S. 1 VERO BEACH, FL 32962 July 17, 1989 Robert S. McClary, City Manager City of Sebastian P. O. Box 780127 Sebastian, Florida 32978 Dear Mr. McClary: (407) 569-4300 Attached please find one (1) executed original copy of the Developer's Agreement and Irrevocable Corporate Performance Bond (along with Cost Estimate) prepared in conjunction with the development date extension for SH -16. I would appreciate it if you would execute or have the Mayor execute the attached Agreement and Bond and return a copy to me for our files. If you have any questions, please give me a call. Very truly yours, eorge R. Kul zy ! K) G S Qt�F1 -- Director of C mmunity Operations Attachment ro , O,4L., F-000`� -OA qe--�Q acr DEVELOPERS AGREEMENT This Agreement is entered into the day of June, 1989 between GENERAL DEVELOPMENT CORPORATION, a Delaware corporation, hereinafter referred to as "OWNER" and the City of Sebastian, Florida, hereinafter referred to as "CITY". W I T N E S S E T H In consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The OWNER agrees to construct those improvements set forth on the attached construction estimate attached to the I rrevocable Corporate Performance Bond (hereinafter "Performance Bond") referred to in Paragraph 4 below, as the same are depicted on the plat of the following described property: SEBASTIAN HIGHLANDS UNIT 16, a subdivision of Section 13, Township 31 South, Range 38 East, and portions of Section(s) 18 and 19, Township 31 South, Range 39 East, as recorded in Plat Book 8, Page(s) 45 to 45J and has replatted the FIRST REPLAT IN SEBASTIAN HIGHLANDS UNIT 16, a resubdivision of a portion of Section 18, Township 31 South, Range 39 East, as recorded in Plat Book 8, Page 71, both of the Public Records of Indian River County, Florida, A copy of said plat and replat are attached hereto and incorporated herein by reference. 2. The OWNER agrees to construct said improvements strictly in accordance with the plans and specifications therefor on file in the office of the CITY Engineer and which have been marked Exhibit A initialled by the parties and incorporated herein by reference. 3. The OWNER agrees to complete said construction on or before December 31, 1990 4. In order to guarantee performance of OWNERS' obligations hereunder, OWNER shall furnish to CITY a Performance Bond in the amount of Four Million Four Hundred Thousand Seven Hundred Forty Eight Dollars ($4,400,748.00) simultaneously with the execution of this Agreement hereby attached as Exhibit "B". 5. In the event OWNER fails to satisfactorily complete said improvements within the time prescribed, the CITY may elect to take all or any of the following actions: a. Complete the improvements utilizing CITY employees and materials. b. Contract for the completion of said improvements. 6. Satisfactory completion in accordance with the plans and specifications shall be determined by written approval of the CITY ENGINEER or his designated assistant. 7. The OWNER shall be liable for all costs, expenses and damages incurred by the CITY, including attorney's fees, in the event of the OWNERS's default of this Agreement. IN WITNESS WHEREOF, the parties have hereunto executed this Agreement on the day and year first above written. ---- GENERAL DEVELOPMENT CORPORATIO( A BY n ATTES Gerard P. Mozian, Sr. Vice Pr t t Nancy H. Ron, Asst. ecreta y X CITY OF SEBASTIAN BY. LAW/0730/SH. 16/06/06/89 General Development Engineering Company 1111 SOUTH BAYSHORE DRIVE MIAMI, FLORIDA 33131 General Development Corporation 1111 S. Bayshore Drive Miami, FL 33131 RE: Sebastian Highlands, Unit 16 Gentlemen: (305) 350-1472 May 26, 1989 We have reviewed the approved construction plans for this unit. Based upon the quantities and current construction costs being experienced in the area, we believe the attached cost estimate (Exhibit A) to be a true representation of the work remaining to complete. Sincerely, ,Re !##� tuart P. Smith, Registered Engineer -,4.-39163 State of Florida ' 41',14 SPS/dm Attachment A General Development Subsidiary "EXHIBIT A" -ESTIMATED. BOND CO 4..E ... DATE.. 04-11-89 9 SH --1.6 Wi_ir,K REMAINING BOND ESTIMATE ESTIMATED ESTIMATED ATIM I TE= l QUANTITY UNIT UNIT PRICE COST 210000 �rNAL CL.s~�Ai::�/DI,-;�`.. _...- _ ---...`_-_a 4700 AY:,; $ 942.82 $ 31.556. 24• 230000 CANAL EXCAVATION 79400.0 lY Y $ 2.06 163564.00 240000 F IIyAL ._SRf 7 11,.. REMOVAL _ T94'; 0.0 CY `1` 2.75 218350.0) 250000 GRASSING 187763.0 SY $ 0.18 $ 34172.7.`-) 2"90000 GREENBELT FIr `L GRAD 715 424.0 115424.0 CY ': i 1 205454.441, 00000 i'°, .:: ` •-R_D _ S ... 1.0 L _+ $.i 100012.87 'k> 100012.87 3200 00 ROA. GRADING 10.0388 MI $ 33761.00 8'= 20. 1_ 330000 E' OAD DRAINAGE 9.5389 9 m F. $ 82630.94 $ 788210.91. .._ i_E AW! .L! AT I_ON __. 44416.6 $i 0.82 ^. > _ 6 c: 51. 6'f 60000 F(7{_7 } RIMI AND S ANI 1 120143.9 SY $ 0.34 4 e` 42901.5:--: ,..._--a..s: .._. $ 2.4 0.. S-:.:..._.-:.:75. .64+.0...,.....'t .. 80000 GRAS -:IIti GWALE S 186528.4 SY $ 0.23 $ 42901.53 430000 CULVER07; i9.0 NO $ 2500.00 $ 47500.00 470000 i. -W A i L -T; fil���_ �12951.0 = $ 75.00 r y -c -_ 480000 0 !.?UARi..fRAIL 134.0 LF $ 17.04 $: 1. $ 4000680.00 Fxhihit "R" IRREVOCABLE CORPORATE PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That GENERAL DEVELOPMENT CORPORATION, a Delaware corporation, hereinafter referred to as "PRINCIPAL", is held and firmly bound unto the City of Sebastian, Florida, hereinafter referred to as "CITY", in the sum of Four Million Four Hundred Thousand Seven Hundred Forty Eight Dollars ($4,400,748.00), for payment of which it binds itself, its successors and assigns firmly by these presents. WHEREAS, PRINCIPAL has platted SEBASTIAN HIGHLANDS UNIT 16, a subdivision of Section 13, Township 31 South, Range 38 East, and portions of Section(s) 18 and 19, Township 31 South, Range 39 East, as recorded in Plat Book 8, Page(s) 45 to 45J and has replatted the FIRST REPLAT IN SEBASTIAN HIGHLANDS UNIT 16, a resubdivision of a portion of Section 18, Township 31 South, Range 39 East, as recorded in Plat Book 8, Page 71, both of the Public Records of Indian River County, Florida, and in connection therewith has agreed to construct certain improvements, the description and estimated cost of which are more particularly set forth on the cost estimate hereto attached and made a part hereof; NOW, THEREFORE, the condition of this obligation is such that if PRINCIPAL shall promptly and faithfully construct said improvements, and complete the work necessary therefor by December 31, 1990, then this obligation shall be null and void, otherwise it shall remain in full force and effect. If the PRINCIPAL shall be declared in default hereof by the CITY, for failure to complete said improvements within the time above specified, it shall have sixty (60) days from the date of notice of said default within which to take whatever action it deems necessary in order to insure performance. If, at the expiration of sixty (60) days from the date of said default, no arrangements have been made by the PRINCIPAL satisfactory to the CITY for completion of said work, then the CITY shall have the right to complete said work whereupon PRINCIPAL shall pay all costs of completing said work to the CITY; including, but not limited to, engineering, legal and other costs, together with any damages, either direct or consequential, on account of PRINCIPAL's default. After the expiration of the aforesaid grace period, the CITY shall have the additional right to contract for the completion of said work upon which the PRINCIPAL has defaulted and upon the CITY's acceptance of the lowest responsible bid for the completion of said work, the PRINCIPAL shall become immediately liable to the CITY for the amount of said bid and in the event the CITY is required to commence legal proceedings for the collection thereof, interest shall accrue at the highest rate per annum permitted by law, beginning with the commencement of such legal proceedings. The CITY recognizes that the PRINCIPAL will not complete all the improvements described simultaneously. Upon request by the PRINCIPAL, the CITY may elect to partially release a portion of the PRINCIPAL's obligation on this bond as improvements are completed and accepted. This bond represents the aggregate bond for the items listed in the cost estimate. That portion of the bond representing the amount allocated to each of the listed items of improvements or such lesser amount as the CITY may determine to be necessary to protect the CITY'S interest in the timely completion of the remaining portions may be released by the CITY upon request by the PRINCIPAL without diminishing, in any respect, the PRINCIPAL's obligation for the remaining aggregate amount of the bond; nor shall the CITY be limited in any manner in seeking a recovery against the PRINCIPAL on this bond, by the amounts shown as estimated cost for each item of improvement; as it is recognized that these figures are estimates and that actual cost of completion of construction may, in each case, exceed the amount shown. A partial release of the PRINCIPAL's obligation under this bond shall be evidenced by a letter from the CITY to the PRINCIPAL. In the event that CITY commences suit for the collection of any sums due hereunder, the PRINCIPAL agrees to pay all costs incurred by the CITY, including attorney's fees. This Performance Bond supersedes and voids that certain Performance Bond for Sebastian Highlands Unit 16 previously given by PRINCIPAL to the CITY in the amount of $451,123.23 for work to be completed by June 22, 1983. Additionally this Performance Bond supersedes and voids that certain Performance Bond dated June 22, 1971, covering both 1st Replat in Sebastian Highlands Unit 16 and the 2nd Replat in Sebastian Highlands Unit 9 previously given by PRINCIPAL to the CITY in the amount LAW/0730/SH. 16/06/06/89 of $98,091.04 for work to be completed by August 30, 1983, of which $85,257.00 for Unit 9 was released by Agreement dated August 15, 1979 between CITY and PRINCIPAL, and of which the remaining $12,834.04 is released hereby for Unit 16. 0 3ENERAL DEVELOPMENT CORPORATION 3erard P. Mozian, Sr. Vice Pr ent ,l, �) r CITY OF SEBASTIAN, FLORIDA, BY: l