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 Port St. Lucie
 Code of Ordinances
 Title XV. LAND USAGE
 Chapter 156. SUBDIVISION REGULATIONS

  Appendix A. SAMPLE PERFORMANCE BOND  

Latest version.

  • CONTRACT
    CONSTRUCTION OF REQUIRED
    IMPROVEMENTS

    This Contract, made and entered into this _____ day of _______,20_____, by and between _______ hereinafter referred to as "Developer" and City OF PORT ST. LUCIE, a political subdivision of the State of Florida, hereinafter referred to as "City":

    WITNESSETH:

    WHEREAS, an ordinance known as The Port St. Lucie Subdivision Regulations, Florida, established procedures and for the surveying and platting thereof; requiring the installation of certain improvements and providing penalties for violations, among other things; and

    WHEREAS, a final plat of a subdivision within the incorporated area of the City of Port St. Lucie shall not be recorded until the Developer has installed the Required Improvements or has guaranteed to the satisfaction of the City such improvements will be installed; and

    WHEREAS, Developer requests the recording of a certain plat of a subdivision in Port St. Lucie, Florida, to be known _______ as _______; and

    WHEREAS, the Required Improvements of said subdivision are to be installed after recordation of said plat under guarantees posted with the City.

    NOW, THEREFORE, in consideration of the agreement of the Developer as set forth herein, and to gain approval of the City to record said plat, the Developer and City agree as follows:

    1.

    The Developer agrees to, within _______ from and after the date of recording of said plat, complete the Required Improvements for the subdivision to be known as _______ according to the construction plans approved by the City Engineer, identified as Plans Prepared by ___________ on file with the City Engineer. A copy of the Required Improvements and Cost Estimates are attached hereto as Exhibit "A."

    2.

    The Developer, in accordance with the requirements established by the Subdivision Regulations of the City of Port St. Lucie, Florida, tenders to the City a guarantee of survey, specifically identified as:

    Letter of Credit #_______, dated ________ with _______ as Surety by order of City of Port St. Lucie, Florida.

    3.

    The Letter of Credit as set forth herein and prescribed by the Subdivision Regulations of the City of Port St. Lucie, Florida, is required by this contract and attached hereto and by reference made a part hereof.

    4.

    In the event the Developer shall fail or neglect to fulfill its obligations under this contract as required by the Subdivision Regulations of the City of Port St. Lucie, Florida, the City may draw the funds available under the terms of the Letter of Credit to pay for the cost of construction and installation of the Required Improvements to the final total cost, including but not limited to, engineering, legal and contingent costs together with any damages, either direct or consequential, which the City may sustain as a result of the failure of the Developer to carry out and execute all of the provisions of this contract and the provisions of the Subdivision Regulations of the City of Port St. Lucie, Florida.

    5.

    The Developer further agrees that the City, at its option, shall have the right to construct and install, or pursuant to public advertisement and receipt of bids, cause to be constructed and installed the Required Improvements in case the Developer fails or refuses to do so in accordance with the terms of this contract. The Developer shall be liable hereunder to reimburse the City the total cost hereof.

    6.

    Developer understands and agrees that extensions of this contract will be granted for twelve (12) months after receipt of written request for extension and if approved by the City of Port St. Lucie Council. The written request shall be accompanied by a cost estimate of all Required Improvements to storm drainage and asphalt paving surfaces which have not been completed, including sidewalk construction, water systems, and sewer systems. The cost estimate shall be prepared and certified by a Professional Engineer registered in the State of Florida. Any outstanding Performance Bonds or Surety shall be increased to the current estimated cost of improvements.

    7.

    If the Letter of Credit submitted by a Developer with this contract to the City has an expiration date on or ________ the Developer agrees to renew the Letter of Credit prior to its expiration so that such Letter of Credit shall remain in full force and effect during the entire term of this contract. Upon renewal, the amount of the Letter of Credit shall be in an amount equal to the sum stated in this contract or to any lessor sum agreed to by the City Engineer.

    8.

    The City agrees to record said plat at such time as the plat complies with the provisions set forth by the Subdivision Regulations of the City of Port St. Lucie, Florida, and has been approved in the manner prescribed therein.

    IN WITNESS WHEREOF, the parties hereto have executed these presents, this _____ day of _______, 20_____.

    BY:______________
    ______________
    WITNESS
    CITY COUNCIL OF PORT ST. LUCIE, FLORIDA
    BY:______________

     

(Ord. 94-7, passed 3-14-94)