HomeMy WebLinkAboutVenture 3 HOA ApprovalVENTURE THREE
FORM 101
10%i.wo 8 Apr 2019
VENTURE HARBOUR INC.
VENTURE OUT AT INDIAN RIVER INC.
VENTURE OUT AT ST. LUCIE INC.
NOTICE
This form must be attached and made part of all drawings or plans regarding the installation, construction,
remodeling, setting or resetting of any permanent structure. concrete work, or any other type of work that
may be effected by the rules, regulations and bylaws of any of the above associations.
This form shall also serve as notice to the owner or owners of Lot # A I I , that the owner or owners
or their agents of Lot # A I 1 shall solely or jointly be responsible for the proper setting and
compliance of all rules, regulations and bylaws of any of the above associations, and the Codes, Laws,
Rules and Regulations pertaining to said work as set forth by St. Lucie County. This form does not
absolve the OWNER(s) of the need to (3btain anN necessary St Lucie Comity permits, PRIOR to
start of work.
The owner (s) or their agents, by signing this form, shall hold harmless any of the above associations, its
officers, directors and committee personnel as pertains to its and their duties and responsibilities as the
administration of said work. The OWNER (s) or their agent. are also responsible to ensure their
contractor(s) abides by the rules set forth in .Appendix A of this form.
Said work is approved as per dimensions shown on attached plan or drawing this,
Date
Scope of Work Install new 16k All Aluminum Beamless Deco Concept Boat Lift on (4) Pilings
incorporated (Pilings wrapped w/ Black Vince nailed SS) at the north end of A-1 I seawall. Includes
Rermits (DEP. USACE & Local County).
Association Building Committee Venture Harbour Association
By:
By:
By:
Owner, Owners, or Agent for Lot # A-11 Phone: 302-898-1090
By: Albert J. Roop, IV Date: 11/5/2019
0
Date:
V3 Form 101_Apr19 Page 1
VENTURE THREE
FORM 101
Revised 8 Apr 2019
ADDENDUM: Contractor agrees to attached Indemnification Agreement, and also
agrees to irrevocably indemnify, save harmless and pay to any adjacent Owner in any
of the above associations against any loss, cost, damage or liability arising directly
or indirectly out of work or construction by the Builder for the owners of the
above lot.
Hammerhead Marine Construction Inc (Builder) D � �� (wing)
Date: 1 1.05.2019
INDEMNIFICATION AGREEMENT
This Indemnification Agreement is made and entered into by and between the
OWNER, this BUILDER and VENTURE III, TNC., including its constituent components of
Venture Out at St. Lucie, Inc., Venture Out at Indian River, Inc., and Venture Harbor
(collectively hereinafter referred to as "Venture 111").
WITNESETH
WHEREAS, Builder is making certain improvements to the job site owned by
Owner and located within the community served by Venture 111, and
WHEREAS, as a result of the construction activities, Builder will be using some
of the common facilities owned and maintained by Venture 111, including, without limitation, the
roads and water and sewer lines (collectively the "Common Facilities"), and
WHEREAS, Venture III, as a condition of allowing Builder to use the Common
Facilities, requires Builder and Owner to indemnify them for any damage to the Common
Facilities caused by Builder or Builder's agents.
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and
other good and valuable consideration, the receipt whereof is hereby acknowledged, the parties
agree as follows:
1. DaRne, Duty to Repair. Builder agrees that in the event Builder, any agent,
subagent, subcontract or, materialman, guest, servant, employee, or independent contractor
working for Builder (collectively -Builder's Agents") cause any damage to the Common
Facilities, Builder agrees that within 21 days of notice from Venture III, Builder shall completely
repair any damage to the Common Facilities caused by Builder or Builder's Agents, provided,
V3 Form 101_Apr19 page 2
VENTURE THREE
FORM 101
Reti iced H :fpr 2019
however, in the case of any damages to utility lines, such dama``es shall be repaired immediately
based upon a telephone call.
2. Indemnification. Builder hereby agrees to irrevocably indemnify, save harmless
and pay to Venture III, and/or Owner, against any loss, cost, damage or liability arising directly
or indirectly out of Builder's use of the Common Facilities. The indemnification and obligation
to pay shall include all expenses, including attorneys' fees at trial or on appeal, judgments, fines,
loss, damage or liability whatsoever.
3. Engagement of Counsel. Venture III shall have the right to engage its own
counsel to defend any claim or action or threatened claim or action for which indemnification,
save harmless and obligation to pay is covered by paragraph 2 above.
4. Indemnification Not Exclusive The indemnification provided hereunder shall
not be deemed as exclusive of any rights to which Venture 111 may be entitled under any statute,
rule of law, regulation or any theory of law. Where any other remedy provides broader rights of
indemnification than the rights provided herein, the other remedies shall control.
5. Miscellaneous.
Gender. Words of any gender used herein shall be held and construed to include
any other gender, and words in the singular number shall behold to include the plural, unless the
context otherwise requires.
Successors and Assigns. The terms, provisions, covenants and conditions
contained in this Agreement shall apply to, inure to the benefit of, and be binding upon, the
parties hereto and their respective heirs, legal representatives, successors and permitted assigns,
except as otherwise expressly provided in this Agreement.
Cautions. The captions inserted in this Agreement are for convenience only and
in no way define, limit or otherwise describe the scope or intent of this Agreement, or any
provision hereof, or in any way affect the interpretation of this Agreement.
Amendment. This Agreement may not be altered, changed or amended except by
an instrument in writing signed by both the parties hereto.
Invalidity. If any clause, provision or portion of this agreement or the application
thereof to any person or circumstances shall be invalid or unenforceable under applicable law,
such event shall not affect, impair, or render invalid or unenforceable the remainder of this
Agreement nor any other clause, phrase, provision or portion hereof to other persons or
circumstances, and it is also the intention of the parties to this Agreement that in lieu of each
such clause, phrase, provision or portion of this Agreement that is invalid or unenforceable, there
be added as part of this Agreement a clause, phrase, provision or portion as similar in terms as
V3 Form 101 Apr19 Page 3
VENTURE THREE
FORM 101
Revised 8 :fpr 2019
such invalid or unenforceable clause, phrase, provision or portion as may be possible and be
valid and enforceable.
Venue and Jurisdiction. This Agreement shall be governed by and construed
under the laws of the State of Florida. and venue for any litigations shall lie in St. Lucie County,
Florida.
Attorneys' Fees. In connection with any litigation arising out of this Agreement,
the prevailing party shall be entitled to recover reasonable attorney's fees and costs, including
paralegal charges.
INDEMNIFICATION AGREEMENT
PARTIES:
-- OWNER: Alberti Roo- IV
-- ADDRESS: 10752 S. Ocean Dr., A-1 1. Jensen Beach FL
32957
-- BUILDER:
-- ADDRESS: 2633 SW Tanforan Blvd. Port St. Lucie FL
34987
-- VENTURE III, INC:
ADDRESS: 10701 South Ocean Drive Jensen Beach. FL 34957
JOB SITE:
V3 Form 101_Apr19 Page 4
10752 S. Ocean Dr. Lot A- I 1
Jensen Beach. FL 34957
VENTURE THREE
FORM 101
Re%iced 8 Apr 2u i
Appendix A
WORK BY CONTRACTORS & TRADES, PROFESSIONAL, AND
COMMERCIAL PERSONS
For all projects such as, but not limited to, the construction of a new dwelling or the
installation of a modular home, the property owner, the general contractor, and the
Property Manager and a representative from the Sub -Association Building Committee
shall meet prior to the formal submittal of the Form 101 to ensure that everyone involved
understands and will follow all construction related rules. fhc Building ('ommittee shall
he responsible for the attachment of a complete set oI' Venture 3 Rules. related to
contractor N%ork, to each Furor ; n I hcf0ic rhe meeting. The principal parties shall sign the
Form 101 at that meeting. Their signature is evidence that they understand the
construction rules and will comply with same. The Building Committee may require or
waive the requirement, at their discretion, for this meeting for projects of lesser scope.
2. Construction work is defined as all work at any unit performed by a building contractor
subcontractor, material delivery personnel, laborers, and service technicians (hereinafter
contractors) for purposes of construction, remodeling repair or servicing of a site built
home, modular home, park model home, or any components thereof, including but not
limited to HVAC, electrical or plumbing maintenance and replacement services.
3. HOURS/DAYS OF WORK —
a. EXCEPT IN EMERGENCY SITUATIONS, NO CONTRACTOR WORK
WILL BE PERFORMED ON SUNDAY.
b. Except for work required in emergency situations, all contractor, business,
construction, & professional persons who have the purpose of performing work,
inside or outside of residences, and, their vehicles (including personal vehicles
used for transport to a work site) shall not enter Venture Three, Inc. prior to 8:00
AM on work days specified above.
c. Construction work and all delivery & construction vehicles, such as, but not
limited to, cement mixers, cranes, flat bed delivery trucks, box trucks, cement
pump trucks & trailers. etc, shall be limited to the hours between 8:00 AM and
6:00 PM on Monday through Saturday, except for work required in emergency
situations.
d. No work, including "prep work" or "set up" work shall begin prior to 8:00 AM
and no work, including "cleanup" shall occur after 6:00 PM except for work
required, in emergency situations and then only with prior authorization from the
Venture Three, Inc. Property Manager or the Sub- Association President, defined
by but not limited to the following:
V3 Form 101_Apr19 Page 5
VENTURE THREE
FORM 101
Kes 1.ed 'Y kpr 20i'IN
Except for work required in emergency situations, All contractor, business,
construction. & professional persons and their vehicles shall leave Venture Three.
Inc. by 6:00 PM on work days specified above, unless in a specific circumstance
an extension of hours is absolutely required, justified, and prearranged with the
Property Manager of Venture Three, Inc. The Property Manager shall exercise his
best discretion in both exercising these rules and resolving issues as they arise.
When that discretion results in a deviation from these rules, the Property Manager
or designee shall report the deviation to the Sub -Association President with the
intent being to seek further guidance.
4. The general contractor shall have a qualified & designated supervisor on site, or
alternatively make available a telephone number which will be answered by a
responsible, supervisory individual, at all times during the work hours when workers are
present or when deliveries are being made when the general contractor is not present
onsite. The names and telephone numbers of the general contractor and the designated
supervisor shall be conspicuously posted near the roadside of the construction/work site.
5. Parking of Contractor Vehicles at Construction Sites
a. Contractor vehicle which are needed for the actual construction process shall
park all on the same side of the roadway & shall not block access to any
driveway excluding that of the unit where the work is being performed_ On site
vehicles are limited to those that are actively used in the construction process and
exclude all vehicles used as daily transportation of construction personnel. Those
excluded vehicles shall obtain a parking pass by prior arrangement with the
Venture Three, Inc. office for parking in the parking lot located north of the
swimming pool. Under no circumstances (see exception) nor for any length of
time, albeit short, shall any contractor/construction vehicles block the roadway.
There shall always be one lane left open. The only exception to this requirement
is when an oversize vehicle such as, but not limited to, a crane or a concrete
pumper needs to be on site and block the road. Such an event must be planned for
the shortest period of time possible/practical be pre -coordinated with the Property
Manager in the Venture Three. Inc office at least 48 hours in advance to allow for
notification to the affected residents. For all hours when the roadway is so
blocked to traffic, the contractor shall place signs at the closest intersections to the
closure in both directions which clearly state the road is closed to thru traffic.
Signage should be placed to effectively close the roadway but also allow for
passage of vehicles which belong to residents of the closed section(s). The
contractor must be prepared to immediately upon notice open the road for access
by emergency vehicles should conditions so dictate.
b. Contractors not associated with a construction project (meaning usually not a
dwelling construction or installation) or others engaged in repair, service.
V3 Form 101_Apr19 Page 6
VENTURE THREE
FORM 101
Revised K Apr 2019
maintenance, or delivery activities shall endeavor to park in front of the unit at
which they will perform service (multiple vehicles shall be parked all on the same
side of the roadway). shall not block access to any driveway (excluding the unit
being serviced), and shall park such that the roadway is not blocked and at least
one full Lane is open to thru tralTc. Should complete blockage of the roadway be
unavoidable, the provisions of par. I I .A.7 regarding road closure apply. In any
case, except for a unit under construction, vehicles of said person(s) shall not park
on the soft surfaces at units.
c. Contractors who have vehicles parked in front of a unit which is the subject of
work being performed for an owner (or another contractor), or alternatively
nearby, in the roadways are responsible for damage to the roadway surface from
those vehicles by things such as, but not limited to, oil, fuel, or other leaks,
compressive failure from extreme weight, stabilizer pads, concrete spills, paint or
other chemical spills, etc. The General Contractor and the Venture Three, Inc.
Property Manager shall prior to the start of construction mutually agree on the
condition of the roadways in the immediate area and the Property Manager shall
make a photographic record of the roadways which shall be attached to the project
file.
6. The contractor & the general contractor shall be responsible for the cleaning of the
roadways and/or the cost of cleaning & repair. Spills & leaks are to be cleaned up daily
and not allowed to penetrate the paving or otherwise harden and become more difficult to
remediate. Failure to comply could result in a stop work order being issued pending the
resolution of the condition or problem.
7. If any area is covered with concrete, paver. garden plants, grass, or other material which
belongs to the owner; where underground utilities may be installed it will be the owners
responsibility to remove or have removed and replace said material (s) if the utility must
be made accessible for service
8. The unit owner is ultimately responsible for the performance of contractors, businesses,
construction & professional persons contracted or hired by them or by their contractor(s)
in complying with the rues and shall respond in a timely manner to issues and complaints
that the Board of Directors, the Property Manager, and/or the Building Committee bring
to the owners attention for resolution.
9. CONTRACTOR RULES SUMMARY
a. Be on site for all deliveries (General Contractor).
b. Do not pile any construction material in roadway.
c. Do not place building debris or dumpster in roadway.
d. Do not park or put any material on any other lot without written permission.
V3 Form 101_Apr19 Page 7
VENTURE THREE
FORM 101
Revised 8 Apr 2019
e. Daily- clean up loose building material. nails, etc., from construction site and
street.
f. Do not dig until checking with V3 Office personnel to locate water and sewer
lines.
g. No digging until all utilities are marked by USIC or contact 811.
h. No digging or use of power equipment after 2 p.m. daily.
i. No digging of any kind on weekends.
j. Do not use community bathrooms
k. Do not block any streets or private driveways with trucks, trailers, etc., or any
equipment.
1. Any exceptions to the above must be approved by the V3 Property Manager.
m. All footings must be dug by hand.
V3 Form 101_Apr19 Page 8