Resolution 213-1981RESOLUTION N0.213 -1981
RESOLUTION AUTHORIZING'THE CHAIRMAN OF THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO
EXECUTE AN AGREEMENT WITH ROBERT E. SCHARF BY AND
BETWEEN THE AFORESAID ROBERT E. SCHARF AND MONROE
COUNTY, FLORIDA, TO PROVIDE FOR THE CONSTRUCTION OF
ROADS IN EDEN PINES COLONY, FOURTH ADDITION, ACCORD-
ING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 6, PAGE
79. OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA
BE IT RESOLVED BY THE ,BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, as follows:
That the Chairman of the Board of County Commissioners of
Monroe County, Florida is hereby authorized to execute an agreement
by and between Robert E. Scharf and Monroe'County, Florida, a copy
of which is hereby attached„ providing for the construction of
roads in Eden Pines Colony, Fourth Addition, according to the plat
thereof recorded in Plat Book 6, Page 79, of the Public Records
of Monroe County, Florida.,
Passed and adopted by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the.14th day of July, A.D..1981.
BOARD -OF COUNTY COMMISSIONERS
OF MO ROE COUNTY, FLORIDA
y or try`
M>yChairman
(SEAL)
Attest:
Clerk
i
1c,121:1:�11:NT
THIS :101ZEi:�i1:%.'T i Ilatle ind entered into this day
Of July, 1981,.1,> clna hcltl�een Robert E. Scharf, hereinafter
called the "Developer", and Monroe County, a political subdivision
of the State of l�lorida, hereinafter called the "County".
WHEREAS, these pn.i•tics entered into a written agreement on
January 11, 1972 and the salve being recorded in Official Records
Book 492, at Page 27, of the Public Records of Monroe County,
Florida, and
WHEREAS, this agreement as mentioned herein provided for the
s
construction of certain roads within the subdivision known as
Eden Pines Colony Subdivision, Fourth Addition, located on Big
Pine Key, Monroe County, -Florida, and
WHEREAS .. in order to secure the performance of the Developer
the County required that the 'Developer escrow with the County
:deeds.:to Lots 1 and 2, Block 15, Eden Pines Colony, Fourth
Addition, according to the Plat thereof as recorded in Plat
Book 6 at Page 79, of the Public Records of Monroe County, Florida,
and that by agreement between the parties the County was com-
mitted to record the deeds in the event the Developer failed and
refused to construct and pave the subject streets, and
WHEREAS, through inadvertence the aforesaid deeds were re-
corded on the Public Records of Monroe County though no formal
demand had ever been made upon the Developer to construct the
subject roads and streets, though a.considerable time had lapsed
between the escrowing of said deeds and the recording thereof,
and
WHEREAS, on December 5, 1.978, the Board of County Commis-
sioners of Monroc County adopted a resolution to accept a cash
bond or certificate of deposit: in lieu of the above described
real properties as security for performance by the Developer of
this work, and
WHEREAS, the parties had been unable to agree upon a procedure
for completing tiie contemplated road construction,
i
NOW,o17 both parties based on the_
mutual agreement:< :Lrtcl coy en;rots that are recited hereinafter that
said roads be collipl cted ;arid that the same be done in accordance
with this instrumeiit. In accordance herewith the parties do agree
as follows:
1. That the Developer covenants and does agree to con-
struct and pave the streets that are shown on the plat of Eden
Pines Colony, Fourth :addition, in accordance with the requirements
of the Monroe County Plat Filing Ordinance and the standard speci-
fications and details for roads and streets as adopted by the
P
'Board of County Commissioners of Monroe County. That this con-
struction will be concluded in no later than one (1) year from the
date this agreement is approved by the Board of County Commis-
sioners of Monroe County.
f 2. So as to secure the performance of the Developer in
co-nstruction of these roads the -Developer does agree to pro-
vide a performance bond and/or a certificate of deposit to Monroe
County in an amount equal to 1500 of the "estimated cost of
completion" of the roads and streets that are required to be con-
structed in this agreement. That the "estimated cost of completion"
shall be determined by the County through the offices of its
Resident Engineer, Bernard Schattner. That in the event there is
a dispute as concerns this estimate, the Developer•may have a
second estimate made by a registered engineer in the State of
Florida and the mean average of said two estimates shall be the
amount from which the 150% of the estimated cost of completion
shall be computed as long as the difference between the estimates
is no more than IV'. In the event the estimates vary more than
100, the parties will agree on a third engineer to estimate said
cost of the roads and an average of the three estimates will then
be the amount upon which the 1500 completion bond shall be predi-
cated. That all of this shall take place within thirty (30) days
from the time that this agreement is signed by both parties.
It is agrceLi
cti�n of the third engineer, in the
event one is ,lece:;�: rti , thcit � the same shall. be selected by the
County Admini-Strator of Monroe County, Florida. The security of
150% of the "esti.mated cost of completion" being in the nature
of a performance bond and/or;certificate of deposit shall run to
the Board of County Commissioners of Monroe County. If said bond
is posted in lice o1= certific.ate of deposit, the same shall be
first approved by the County Attorney before any further activity
is _done in .accordance with this agreement.
3. It is further agreed by these parties that upon the post-
ing of the performance bond as provided for in the above paragraph
or certificate of deposit that the County will execute and recon-
vey back to the Developer Lot's 1 and 2, Block 15, Eden Pines
_Colony;_.'�`Fourth Addition, by Quit claim deed and in so doing that
�,'r.�:?;,;rya', s>;:�� ��t'•1�t;• : , .' :;'�:
::the Developer and the County .both waive and forego any and all
,liability and/or obligation each to the other as a result of
either .the sale of the lots by the Developer subsequent to the
conveyance to the County or the recording of'said deeds and titles
by the County as aforesaid.
4. That in case the Developer shall fail to construct and
pave the aforementioned streets and roads as provided for in this
agreement within one (1) year', Monroe County shall then be entitled
to full right and title to the certificate of deposit if one is
posted or shall have direct rights to any bond posted as provided
hereinabove. That further, any remedies provided by the statutes of
the State of Florida shall be -available to the County in the event
of a default as provided for in this paragraph.
S. Should the Developer complete the construction and
paving of the streets and roads that is contemplated by this
agreement, then all security that is posted and placed with the
County under this agreement shall be returned to the Developer
it being however agreed, thaCthe County may withhold for any
expenses incurred by the County on behalf of the Developer in
i
furthering tli.; ,,re:ment. 1L is also understood and agreed by
the parties that itll tllc cxc epti.on of the estimate to be afforded
herein by Bernard Sc:liattner, that the construction estimate to be
secured from arid, and :ill otlier engineers shall be borne and paid
for by the Developer WItliout any obligation whatsoever on the
part of the County.
Signed, sealed and delivered
in the presence of:
wt. f
i
AAA
(Seal)
Attest:
t as IP, ,�
k Y
Clerk
INIONRO� AUNTY, F ORIDA
By d '
M,ayo.;r a' d Chairman of theme
Board of CountyCommissioners
of Monroe County, Florida
RESOLUTION N0.213 -1981
RESOLUTION AUTHORIZING1THE CHAIRMAN OF THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO
EXECUTE AN AGREEMENT WITH ROBERT E. SCHARF BY AND
BETWEEN THE AFORESAID ROBERT E. SCHARF AND MONROE
COUNTY, FLORIDA, TO PROVIDE FOR THE CONSTRUCTION OF
ROADS IN EDEN PINES COLONY, FOURTH ADDITION, ACCORD-
ING TO THE -PLAT THEREOF RECORDED IN PLAT BOOK 6, PAGE
79, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, as follows:
That the Chairman of the Board of County Commissioners of
Monroe County, Florida is hereby authorized to execute an agreement
by and between Robert E. Scharf and Monroe County, Florida, a copy
of which is hereby attached, providing for the construction of
roads in Eden Pines Colony,'Fourth Addition, according to the plat
thereof recorded in Plat Book 6, Page 79, of the Public Records
of Monroe County, Florida.
Passed and adopted by the Board of County Commissioners of
Monroe County, Florida, at'a regular meeting of said Board held
on the,14th day of July, A.D..1981.
(SEAL)
Attest:
M01 P �', I, IPJ T E 9 C I ur. R`K)
\r �.i 1
Clerk
BOARD-O COUNTY COMMISSIONERS
OF MO ''ROE COUNTY,,L-FLORIDA
y t
M,09 or Chairman
Z pa
I f I I) I I Y 1. � T I: \ TI r
THIS AGIZI:I:�il:X-l' 111;1c10 cInd entered into this y'- -111 day
Of July, 1981., I)V <<ila I)etIJ0e11 Robert E. Scharf, hereinafter
called the "Developer", :ind ;Monroe County, a political subdivision
of the State of Flori.da, hereinafter called the "County".
WHEREAS, these parties entered into a written agreement on
January 11, 1972 and the same being recorded in Official Records
Book 492, at Pagc 27, of the Public Records of Monroe County,
Florida, and
WHEREAS, this agreement,as mentioned herein provided for the
s
construction of certain roads within the subdivision known as
Eden Pines Colony Subdivision, Fourth Addition, located on Big
Pine Key, Monroe County, -Florida, and
r= a WHEREAS in order to secure the performance of the Developer
the County required that the, Developer escrow with the County
s;= ':;_thel:.dee,ds, to .Lots 1 and 2, Block 15, Eden Pines Colony, Fourth
Addition, according to the Plat thereof as recorded in Plat
Book 6 at Page 79, of the Public Records of Monroe County, Florida,
and that by agreement between the parties the County was com-
mitted to record the deeds in the event the Developer failed and
refused to construct and pave the subject streets, and
WHEREAS, through inadvertence the aforesaid deeds were re-
corded on the Public Records of Monroe County though no formal
demand had ever been made upon the Developer to'construct the
subject roads and streets, though a.considerable time had lapsed
between the escrowing of said deeds and the recording thereof,
and
WHEREAS, on December 5, 1978, the -Board of County Commis-
sioners of Monroe County adopted a resolution to accept a cash
bond or certificate of deposit in lieu of the above described
real properties as security for performance by the Developer of
this work, and
WHEREAS, the parties had been unable to agree upon a procedure
for completing the contemplated road construction,
NOW, 1'1 li:R 1:71 !a: , i t
1�, dos.ire of both parties based on the.
mutual agreement.< and, co�-en.itits that ai•e recited hereinafter that
said roads be completed and tliat the same be done in accordance
with this instrdiment. In accordance herewith the parties do agree
as follows:
1. That the Developer covenants and does agree to con-
struct and pave the streets that are shown on the plat of Eden
Pines Colony, Fourth Additi.o;n, in accordance with the requirements
the.Monroe County Plat Filing Ordinance and the standard speci-
fications and details for roads and streets as adopted by the
P
Board of County Commissioner's of Monroe County. That this con-
struction will be concluded in no later than one (1) year from the
date this agreement is approved by the Board of County Commis -
of Monroe County.
2. So as to secure the performance of the Developer in
;�theconstruction of these toads, the Developer does agree to pro-
. e<��•: ;- :z:s:..r_. -
vide a performance bond and/or a certificate of deposit to Monroe
County in an amount equal to, 150% of the "estimated cost of
completion" of the roads and streets that are required to be con-
structed in this agreement. That the "estimated cost of completion"
shall be determined by the County through the offices of its
Resident Engineer, Bernard S,chattner. That in the event there is
a dispute as concerns this estimate, the Developer"may have a
second estimate made by a registered engineer in the State of
Florida and the mean average of said two estimates shall be the
amount from which the ISO% of the estimated cost of completion
shall be computed as long asithe difference between the estimates
is no more than 10"). In the event the estimates vary more than
10%, the parties will agree on a third engineer to estimate said
cost of the roads and an average of the three estimates will then
be the amount upon which the 15010 completion bond shall be predi-
cated. That all of this shall take place within thirty (30) days
from the time that this agreement is signed by both parties.
i
r
It is agr0c"a -:;a,: -,1•,:1
I. ct i oii o t t-hc third cngincer, in the
event one ,:ti-V that the same shall be selected by the
Countv Admiiiisn,;.itor of moiiroc County, Florida. The security of
150% of the "estimated cost of completion" being in the nature
of a performance bond and/or certificate of deposit shall run to
the Board of County Commissioners of Monroe County. If said bond
is posted in lieu of certifiicate of deposit, the same shall be
first approved by the County Attorney before any further activity
is -done in accordance with this agreement.
3. �It is further agreed by these parties that upon the post-
ing of the performance bond as provided for in the above paragraph
or certificate, of deposit that the County will execute and recon-
vey back to the Developer Lots 1 and 2, Block 15, Eden Pines
-;:;-.-.,'-.Colony -"�`Fourth Addition, by Quit claim deed and in so doing that
:the Developer and the County both waive and forego any and all
iability_�and/or obligation each to the other as a result of
either.the sale of the lots by the Developer subsequent to the
conveyance to the County or the recording of"said deeds and titles
by the County as aforesaid.
4. That in case the Developer shall fail to construct and
pave the aforementioned streets and roads as provided for in this
agreement within one (1) year, Monroe County shall then be entitled
to full right and title to the certificate of deposit if one is
posted or shall have direct rights to any bond posted as provided
hereinabove. That further, any remedies provided by the statutes of
the State of Florida shall be available to the County in the event
of a default as provided for in this paragraph.
5. Should the Developer complete the construction and
paving of the streets and roads that is contemplated by this
agreement, then all security that is posted and placed with the
County under this agreement shall be returned to the Developer
it being however agreed, that the County may withhold for any
expenses incurred by the County on behalf of the Developer in
furtlierin; tl; i.: :i ;rc:1!ncnt. L t is :i 1so understood and agreed by
the parties that: %% iuli c..lio cxcopt loll of the estimate to be afforded
herein by Bernard Sclinttnorr, that the construction estimate to be
secured from an), and :ill otlier engineers shall be borne and paid
for by the Developer Without any obligation whatsoever on the
part of the County.
Signed, sealed and delivered
in the presence of:
i
FP
(Seal)
Attest
a �1
Clerk
IvIONR0� UNTY, F ORIDA
x�"
�"
y /-
M:a-,q-) , a�ffd._Cha.irman of theV
Board of County Commissioners
of Monroe County, Florida