Performance 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: