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Home My Public Portal AboutGardern Street Communities Ridgeway Landing Water and Sewer 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 E-Mail: Crlddl4Mecitvofcrestview.orq Crestview, Florida 32536 E-Mail: Dublicservicesecvflora.accoxMalLcom TWO-YEAR WARRANTY AGREEMENT FOR STREETS, DRAINAGE, AND WATER & SEWER IMPROVEMENTS THIS WARRANTY AGREEMENT BETWEEN THE CITY OF CRESTVIEW AND GARDEN STREET COMMUNITIES SOUTHEAST, 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") and GARDEN STREET COMMUNITIES SOUTHEAST, LLC, a Florida limited liability company, whose address is 100 W. Garden St., 2' d floor, Pensacola, FL 32502, 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), as referenced in Chapter 6 of 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 performing all necessary work and repair to correct any defective condition arising by reasons of workmanship, materials, labor, or damage occurring during the Warranty Period (such workmanship, materials, labor or damage referred to herein as "Unacceptable Conditions") that may be discovered during the two (2)-year period following acceptance for maintenance by the City of the Improvements (the "Warranty Period"); and WHEREAS, in accordance with the requirements of the City's LDC, the Parties have agreed to enter into 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 1. Recitals. The above recitals are true and correct and are hereby incorporated herein by reference and made a part of this Agreement. 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 enter into this Agreement to acknowledge the post -acceptance warranty requirements of Section 10.4 of the ESM. 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 Requirements. A condition precedent of the City accepting the Improvements for maintenance is that the Developer agrees to assume warranty responsibilities for the Improvements for the Warranty Period as more particularly set forth below: A. Developer warrants that it shall, for the Warranty Period, perform all necessary work and repair to correct any Unacceptable Conditions that 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. 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 2 connecting in any way to any defects, or failures of the Improvements on account of workmanship or materials, 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. Developer shall not be obligated to indemnify or defend City for claims found to be due to the sole negligence or willful misconduct of the indemnified parties. 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. Governinz Law/JurisdictionNenue. 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 attorneys' 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. Assi,nment. No assienment. Delegation, transfer, or novation of this Agreement, or any part hereof, may not be made unless done 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. 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. 3 14. Severabilitv. 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 is 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 GARDEN STREET COMMUNITIES SOUTHEAST, LLC By: Whitten, Mayor Date: 3— 1(0- D3 Attest: Da 1AP11irn fr,,.an Atin• Print Name and Title Date: Attest: By: chrader, City Clerk ,�`OYII 1111I �`•0F GRESri••,,‘ :;`.,0`o Po� F.!_s: i Print Name and Title :I i s i ik: S %,I• C i•Q.a i .,,N/zp 41/40 4 EXHIBIT A Legal Description of Development A PARCEL OF LAND SITUATED IN THE NORTH HALF OF NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA, LYING EAST OF RIDGEWAY LANDING (PLAT BOOK 30, PAGE 23 - HEREAFTER REFERRED TO AS "RIDGEWAY LANDING PHASE I"), AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF LOT 70 OF SAID PHASE I; THENCE N 88°03'50" W ALONG THE NORTH LINE OF SAID LOT, A DISTANCE OF 103.04 FEET TO A NORTHWESTERLY CORNER THEREOF; THENCE DEPARTING SAID NORTH LOT LINE, PROCEED ALONG THE SOUTHEASTERLY BOUNDARY OF SAID PHASE I, THE FOLLOWING FIVE (5) CALLS: (1) N 15°08'47" E, A DISTANCE OF 51.36 FEET; (2) S 88°03'50" E, A DISTANCE OF 436.14 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 100.00 FEET; (3) ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 52°42'21", AN ARC DISTANCE OF 91.99 FEET, (CHORD BEARING = S 61°42'40" E, CHORD = 88.78 FEET); (4) N 60°22'52" E, A DISTANCE OF 35.66 FEET; (5) S 87°52'50" E, A DISTANCE OF 115.29 FEET; THENCE DEPARTING SAID PHASE I BOUNDARY, PROCEED S 02°07'39" W, A DISTANCE OF 1099.18 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF JONES ROAD (66 FOOT WIDE PUBLIC RIGHT-OF-WAY); THENCE N 87°50'33" W ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 674.00 FEET TO THE SOUTHEAST CORNER OF LOT 22 OF SAID PHASE I; THENCE DEPARTING SAID RIGHT-OF-WAY LINE, PROCEED ALONG THE EASTERLY BOUNDARY OF SAID PHASE I, THE FOLLOWING FOUR (4) CALLS: (1) N 01°57'14" E, A DISTANCE OF 117.69 FEET; (2) N 03°53'42" E, A DISTANCE OF 50.03 FEET; (3) S 88°02'49" E, A DISTANCE OF 102.97 FEET; (4) N 02°07' l0" E, A DISTANCE OF 900.03 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 15.06 ACRES, MORE OR LESS. 5