The URL can be used to link to this page

Home My WebLink AboutPerformance Agreement for The Manors Phase 2C Document Control Number: RECEIVED BY LEGAL SERVICES DATE: BY: COUNTY DOCUMENT REVIEW COVER SHEET ,I.This block to be completed by Department.. Vendor Legal Name: PF Development Group,Inc. Type of Contract: I New ❑ Renewal o Services ❑ Goods rJ Consulting u Construction Lease Li Other: Description/Scope of Work: Performance Guarantee Agreement for Improvements-The Manors at Lexington Plantation,Phase 2C Funding Source: ❑County ❑State Grant n Federal Grant n Local Grant ❑To Be Financed I Other: Cash Bond Expenditure/Revenue Code(s)(all 14 digits required) Department:Development Services Project Code: Annual Contract Amount:59,775.00 Budget Amendment MUST be attached if needed Dept.Contact:Landon Chandler Contract Period(dates): N/A Date Needed/Board Review: Contact Telephone: 910-814-6410 Department Head Signature: Date: Department Head has reviewed attached and is satisfied with material terms VENDOR CONTACT INFORMATION 4.This block to be completed by Department.J, Vendor Contact Name: Email address: Phone number: CONTRACT ADMINISTRATION Date Provided to Clerk for Board Packet: Final Contract Distribution Date: Scanned Original/Copy to Dept. o Original to Clerk n To Dept. for Vendor Signature COUNTY STAFF ATTORNEY Comments: Signature: Date: INFORMATION TECHNOLOGY DIRECTOR (Applicable only for hardware/software purchased or related technology services) This contract has been reviewed and approved by the IT Director as to technical content and network compatibility. Signature: Date: RISK MANAGEMENT Risk Management has received a copy of the Certificate of Insurance. Yes No Comments: Signature: Date: FINANCE Comments: Signature: Date: COUNTY MANAGER Signature: Date: CLERK TO THE BOARD OF COMMISSIONERS(Agenda Request form must be attached) Comments: Signature: Date: Rev.05/2018 STATE OF NORTH CAROLINA PERFORMANCE GUARANTEE AGREEMENT FOR IMPROVEMENTS COUNTY OF HARNETT . Purpose. This Performance Guarantee Agreement for Improvements("Agreement")is intended to allow developers of subdivisions to provide financial security to guarantee completion, installation and dedication of improvements required under the Harnett County Unified Development Ordinance("UDO") in order to be able to record the final plat for a major subdivision prior to completion of all required improvements. This agreement is not executed for the benefit of persons providing services or material to the subdivision,or for the benefit of persons buying lots or homes in the subdivision, or other possible third party beneficiaries. 2. Parties. This Agreement is between the County of Harnett,North Carolina,a body politic and political subdivision of the State of North Carolina("County")and_ PF Development Group, Inc. (the"Developer"). 3. Subdivision. This Agreement applies to property the Developer is developing as The Manors at Lexington Plantation,Phase(s) 2C ,(the"Subdivision")located in Harnett County,North Carolina. 4. Improvements. The Developer shall,on or before the day of ,2019 complete as required by the UDO the following improvements in the Subdivision(the "Improvements"): Improvement to be Completed Cost to Complete Install Final 1"asphalt lift on $45,540.00 Bow Common Way, Artillery Lane,and Old Montague Way. Remove earthen berms on sewer $2,280.00 easements,cast soil to backside of diversion ditch and seed disturbed areas. Total Cost: $47,820.00 All Improvements shall be installed in accordance with the UDO and all applicable codes, standards and specifications. 5. Security. To guarantee and secure the performance of Developer's obligations under this Agreement,the Developer will provide the County either: [] a surety performance bond, [X] an irrevocable letter of credit,or[] cash deposited with the County pursuant to the terms herein, in the amount of$59,775.00,which represents 1.25 times the total cost of the Improvements to be completed,as set forth above(hereinafter referred to as the"Security"). If the Developer provides a surety performance bond or an irrevocable letter of credit, it must be in the form approved by County. 6. Approval of Final Plat. When the Security has been provided to the County and the other requirements of the Subdivision Ordinance are met,then the County acting through its Director of Planning Services,will approve the Final Plat of the Subdivision for recording. 7. Release of Security. The County will release the Security upon satisfactory completion of all Improvements covered by this Agreement,which shall be determined in the sole opinion of County. County may request that Developer obtain certification of completion from a professional engineer prior to approval of the Improvements. 8. Default. The following conditions,occurrences,omissions or actions will constitute a default by the Developer: a. Developer's failure to complete the installation of the Improvements covered by this Agreement on or before the time period set forth in Section 4 and Exhibit A above;or b. Developer's failure to complete the improvements to the satisfaction of the County and/or DENR;or c. Developer's insolvency,the appointment of a receiver for the Developer,or the filing of a voluntary or involuntary petition in bankruptcy with respect to the Developer;or d. Foreclosure of any lien against the Subdivision property or a portion of the property,or assignment or conveyance of the Subdivision property in lieu of foreclosure;or e. Ownership of the property changes without the new owner assuming the obligation to install the improvements. 9. County's Rights Upon Default. When any event of default occurs,the County may call the surety performance bond,or draw on the letter of credit or cash deposit up to the full amount needed to complete the Improvements, based on an estimate prepared by County. The County shall have the right to use the drawn funds to construct, install and correct any and all Improvements covered by this Agreement,or to contract with a third party to do so. The Developer grants the County, its successors,assigns,agents,contractor and employees a nonexclusive right to enter the Subdivision property for the purposes of constructing, installing and correcting any Improvements. 10. Cash Deposit as Security. If the Security granted to County by Developer is a cash deposit,the cash will be deposited in a County controlled account with the County's Finance Department. Developer shall not be entitled to any interest earned on the cash deposited with the County. In the event that the Developer shall default on its obligations hereunder as outlined in paragraph 8 above,County shall have all rights upon default as outlined in paragraph 9 above. Upon written notice of the default of Developer from the County's Subdivision Administrator,the cash deposit shall be disbursed by the County's Finance Department as ordered and directed by the Subdivision Administrator. If Developer shall complete the installation of Improvements in a V manner approved by the County,upon written authorization from the Subdivision Administrator, the cash deposit shall be returned to Developer. 11. Indemnification. The Developer expressly agrees to indemnify and hold the County harmless from and against any claims,costs,and liability for injury or damage received or sustained by any person or entity in connection with work performed under this Agreement. The Developer further agrees to aid and defend the County if the County is named as a defendant in an action concerning work performed under this Agreement except where the action is brought by the Developer. The Developer is not an agent or employee of the County. 12. No Waiver. No waiver of any provision of this Agreement will constitute a waiver of any other provision,nor will it constitute a continuing waiver,unless expressly provided for by a written amendment to this Agreement. Nor will any waiver of any default under this Agreement constitute a waiver of any subsequent default or defaults of the same type. The County's failure to exercise any right under this Agreement will not constitute the approval of any wrongful act by the Developer. 13. Amendment or Modification. The parties to this Agreement may amend or modify this Agreement only by written instrument executed by the parties. 14. Third Party Rights. No person or entity not a party to this Agreement will have any right of action under this Agreement. 15. Scope. This Agreement constitutes the entire agreement between the parties,and no statement, promise or inducement not contained in this Agreement will be binding on the parties. 16. Severability. If any portion of this Agreement is held to be illegal or otherwise unenforceable, such illegality or unenforceability will not affect the validity of any other portion of this Agreement,and the rights of the parties will be construed as if the invalid part was never a part of the Agreement. 17. Notice. Any notice required by this Agreement will be considered effective when personally delivered in writing,or three(3)days after being deposited with the U.S. Postal Service,postage prepaid,and addressed as follows: Developer: PF Development Group, Inc. P.O Box 1328 Cary,NC 27512 County:County of Harnett PO Box 65 Lillington,North Carolina Attn: Director of Planning Services 18. Immunity. Nothing contained in this Agreement constitutes a waiver of the County's sovereign immunity under any applicable state law. 19. Personal Jurisdiction and Venue. Personal jurisdiction and venue for any civil action begun by either party to this Agreement,whether arising out of or relating to this Agreement or the security,will be considered proper only if initiated in the General Court of Justice in Harnett County. 20. Conflict with Subdivision Ordinance. Nothing herein is intended to alter or modify the requirements of the Subdivision Ordinance. If there is a conflict between the provisions of this Agreement and the UDO,the provisions of the UDO shall control and govern. Dated this day of December. 2018. DEVELOPER: COUNTY: PF Development Group,Inc. By: 2 By: Name: Frank Floyd Name: Title: President Title: