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Home My Public Portal AboutMagnolia Creeks Phases 1&2 Warranty AgreementCITY OF CRESTVIEW Director Department of Public Services Telephone No. (850) 682-6132 Michael J. Criddle 715 Ferdon Boulevard North Fax No. (850) 682-7359 -Mali: CriddlgtiOcitvofcrestview.orq Crestview, Florida 32536 E-Mail: oubiicservicesecvflorg.gccoxmaii.com TWO-YEAR WARRANTY AGREEMENT FOR STREETS, DRAINAGE, AND WATER & SEWER IMPROVEMENTS THIS WARRANTY AGREEMENT BETWEEN THE CITY OF CRESTVIEW AND Magnolia Creeks LLC (hereinafter referred to as the "Agreement"), is entered into by and between THE CITY OF CRESTVIEW, a city of the State of Florida, whose primary address is 198 Wilson St. North, Crestview, FL 32536 (hereinafter referred to as the "City") Magnolia Creeks LLC, whose address is 107 N Partin Dr Niceville Fl 32578, hereinafter referred to as ("Developer"). Collectively, the City and the Developer shall be referred to as "Parties" or individually as a "Party". WHEREAS, the Developer has undertaken to develop and construct certain streets, drainage structures, water & sewer systems and other improvements within a development, as more particularly described in Exhibit "A" which is attached hereto and made part of this Agreement (the "Improvements"); and WHEREAS, Developer wishes to have the Improvements accepted by the City for maintenance; and WHEREAS, pursuant to Sections 10.3(9) and 10.4 of Chapter 10 of the City's Engineering Standards Manual (ESM) referenced as part of The City's Land Development Code (LDC), the Developer is required to execute a warranty agreement, as prepared by the City, providing that the Developer will be responsible for correcting any and all defects in, or damage to, the improvements which occur within a two (2) year period following acceptance for maintenance by the City of the improvements; and WHEREAS, in accordance with the requirements of the City's LDC, the Parties have agreed to enter in this Agreement. NOW, THEREFORE, AND IN CONSIDERATION of the mutual covenants and agreements herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: 1. Recitals. The above recitals are true and correct and are hereby incorporated herein by reference and made a part of this Agreement. 1 2. Improvements. The Improvements subject to this Agreement are those streets, drainage structures, and water & sewer systems constructed by Developer in connection with the development, being and situated in The City of Crestview, Florida and legally described as: SEE EXHIBIT "A" 3. Intent. In consideration for having the Improvements accepted by the City for maintenance, or as consideration of approval of the final plat by the City with future acceptance of the Improvements once completed, the Developer has agreed to be responsible for correcting any and all defects in, or damage to, the Improvements which occur within a two (2) year period following acceptance for maintenance by the City, as more particularly set forth herein, and 2 has agreed to be bound by the obligations set forth in this Agreement. 4. Compliance with Laws. Developer represents that the Improvements have been built in accordance with City standards, and all applicable federal, state, and local laws, codes, ordinances, rules, and regulations. 5. Warranty Reouirements. A condition precedent of the City accepting the Improvements for maintenance is that the Developer agrees to assume warranty responsibilities for the Improvements for a period of two (2) years from the date of acceptance by the City as more particularly set forth below: A. Developer warrants that it shall, for a period of two (2) years from the date of the acceptance of the above -referenced Improvements by the City ("Warranty Period") perform all necessary work and repair to correct any defective condition arising by reasons of workmanship, material, labor or damage ("Unacceptable Conditions") which may be discovered during the Warranty Period. B. If in the judgment of the City, repairs to the Improvements become necessary, then upon notice from City, at any time during the Warranty Period, said repairs shall be promptly made, at the sole expense of Developer, who shall correct and repair any and all Unacceptable Conditions as may be necessary to bring the warranted Improvements into compliance with the certified "as built" drawings of the Improvements following final inspection and preceding the commencement of the Warranty Period. 2 6. Indemnification and Hold Harmless. To the fullest extent permitted by law, Developer shall indemnify and hold harmless the City, its officers, agents and employees from any and all liabilities, claims, damages, losses, costs and expenses (including but not limited to reasonable attorneys' fees and costs whether suit be brought or any appeals be taken there from), arising out of, resulting from, or connecting in any way to any defects, or failures of the Improvements on account of workmanship or material, which may be discovered during the Warranty Period and will defend on behalf of the City any suits jointly against the City or alone for, or arising out of, any of the aforesaid causes. It is specifically agreed by and between the Parties that, in accordance with section 768.28 Florida Statutes, the City does not waive any defense of sovereign immunity. 7. Governing Law/Jurisdiction/Venue. The Agreement shall be governed by the laws of the State of Florida. The Parties agree that venue for any such judicial action shall lie in Okaloosa County, Florida. 8. Enforcement. If City ever has to file a judicial action to enforce any provision of this Agreement, Developer agrees to pay City for all its costs, including reasonable attorney fees through appeal, if necessary, that City may incur in enforcing this Agreement. This enforcement provision shall be in addition to any other remedies available at law or in equity or both. 9. Election of Remedies. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies, or privileges. 10. Assignment. No assignment delegation, transfer, or novation of this Agreement, or any part hereof, may be made unless in writing and signed by both Parties. 11 Notices. All notices required or desired to be given hereunder shall be in writing and shall be delivered by hand, a courier delivery service, or by registered or certified mail, return receipt requested, and addressed to the applicable Party to the address set forth above for such Party. Notices shall be considered delivered when reflected by a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. 12. Amendments. No modification or amendment to this Agreement shall be effective unless agreed to by the Parties in writing. 3 13. Entire Agreement. This Agreement constitutes the entire and exclusive agreement between the City and the Developer with reference to the warranty of the Improvements. Specifically, but without limitation, this Agreement supersedes all prior written or oral communications, representations, and negotiations, if any, between the City and the Developer concerning the maintenance of the Improvements. 14. Severabilit'v. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed, the day and year last written below. THE CITY OF CRESTVIEW, FLORIDA [DEVELOPER] Date: t a 102 0Ja2 0 0066"•q••• �.� o! Rest f.,, 1�o°�okir` e s. m' Attest: By:M, 4 c! • ' SEAL -o ',R '• q hrader, City Clerk By: /��F A. /fit ... /.4. Gt e4 L[c e/H ,4f .../.... 400A tt4 Print Name and Title Attest: By: Print Name and Title 4 EXHIBIT A Legal Description of Development Legal Description (As Written) A PORTION OF THE SOUTHWEST QUARTER OF SEC110N 28. TOWNSHIP 3 NORTH, RANGE 23 VEST, CITY OF CRESTVIEW, OKALOOSA COUNTY, FLORIDA, LYING NORTH OF INTERSTATE HIGHWAY 10, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE CONCRETE MONUMENT (LB. #3501) MARKING THE NORTHEAST CORNER OF THE AFORESAID SOUTHWEST QUARTER OF SECTION 28 AS DENOTED ON THE RECORD PLAT OF STEEPLECHASE PHASE THREE (PLAT BOOK 17. PAGE 52); THENCE S 02'04'25" W ALONG THE EAST UNE OF SAID QUARTER, A DISTANCE OF 717.52 FEET; THENCE DEPARTING SAID EAST UNE, PROCEED S 89'44'11" W. A DISTANCE OF 131.47 FEET; THENCE S 0015'49" E, A DISTANCE OF 59.99 FEET; THENCE N 88'30'13" W. A DISTANCE OF 203.58 FEET TO A POINT ON A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 115.00 FEET; THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF' 28'09'38", AN ARC DISTANCE OF 56.52 FEET. (CHORD BEARING = S 7716'08" W. CHORD = 55.95 FEET); THENCE S 01'29'47" W. A DISTANCE OF 1.25 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY UNE OF FLORIDA STATE ROAD 8 (INTERSTATE HIGHWAY 10 - RIGHT-OF-WAY WIDTH VARIES); THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, THE FOLLOWING TWO (2) CALLS: (1) N 8830'13" W, A DISTANCE OF 66.63 FEET TO A POINT ON A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 11639.20 FEET; (2) ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 0319'08". AN ARC DISTANCE OF 674.19 FEET, (CHORD BEARING = S 88'02'39" W. CHORD = 674.10 FEET); THENCE DEPARTING SAID RIGHT-OF-WAY UNE, PROCEED N 02'08'35" E, A DISTANCE OF 140.40 FEET TO A POINT ON A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 265.40 FEET; THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 19 33'06", AN ARC DISTANCE OF 90.56 FEET, (CHORD BEARING - N 6534'57" E, CHORD = 90.13 FEET); THENCE N 40'58'30" E. A DISTANCE OF 27.49 FEET; THENCE N 49'01'30" W. A DISTANCE OF 15.15 FEET TO A POINT ON A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 175.00 FEET; THENCE ALONG SAID CURVE. THROUGH A CENTRAL ANGLE OF 2939'40". AN ARC DISTANCE OF 90.59 FEET, (CHORD BEARING - N 23'44'18" E, CHORD = 89.59 FEET); THENCE N 4413'04" W, A DISTANCE OF 32.88 FEET; THENCE N 88'39'03" W. A DISTANCE OF 29.50 FEET TO A POINT ON A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF' 120.50 FEET; THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 27 46'32", AN ARC DISTANCE OF 58.42 FEET, (CHORD BEARING = S 1514'14" W, CHORD = 57.85 FEET); THENCE N 8839'03" W, A DISTANCE OF 138.32 FEET; THENCE N 0120'57" E, A DISTANCE OF 574.96 FEET TO THE NORTH UNE OF THE AFORESAID SOUTHWEST QUARTER; THENCE S 8836'32" E ALONG SAID NORTH UNE, A DISTANCE OF 1218.35 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 21.40 ACRES, MORE OR LESS. Prepared by Gustin, Cothern & Tucker, Inc. 5