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HomeMy WebLinkAboutLetter; Venture III Lot A-6Waco MARINE CONSTRUCTION SEAWALLS © DOCKS o B®ATUFTS - PILE DRIVING 10751 Orange Avenue I Fort Pierce, FL 34945 I T 772.460.6928 I F 772A60.6929 I Lic. SCC #F131151026 April 19, 2021 Mariano Corona Ph. 863-634-3971 Email: coronacattle@icloud.com Ref Venture III Lot A-6 To whom it may concern: Mr. Corona would like to put a block retaining wall approximately 6" behind the new seawall at Lot A-6. The new retaining wall will not jeopardize the new seawall in any way. If you have any questions, please feel free to contact me at 772-460-6928. Sincerely, Ronald Everly Vice President VENTURE HARBOUR INC. VENTURE OUT AT LNTDIAN RIVER r C. VENTURE OLTT AT ST. LUCIE INC. NOTICE This form must be attached and made Via- ..-f a= .swings or plans regarding the installation, construction, remodeling, setting or resetting of and anti-_ sarucrare. concrete work, or any other type of work that may, be effected by the rules, regulazi ns and bvi ws o" any of the above associations. This form shall also sery as no;.iee � § :fie o-weer. or, o Biers of Lot # '(� that the owner or owners or their agents of Lot 4 s��:'sz elv- or jointly be responsible for the proper setting and compliance of all rules, regla7dons and =kNjlaws of any of the above associations, and the Codes, Laws, Rules and Regulations pen o >a- work as set forth by St. Lucie County. This form does not absolve the OWNER(s)-of the need to obtainany necessary St Lucie County permits, PRIOR to start of work. The owner (s) or Lc_ =.:g.:;nzs, by siding this form, shall hold harmless any of the above associations, its officers, director: and committee personnel as pertains to its and their duties and responsibilities as the administration -- f said. work. The OWNER (s) or their agents 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 the dimensions shown on attached plan or drawing, Scov of Work (attach drawings) : Date Submitted to Association: Association Building Committee: V E 1`1* 1. i't!- H a -b ct: ty- .- _1..i', Cs Association By: Print & Sign�,W^s Z , `e PkS Date: t By: Print & Sign Date: By: Print & Sign, �`I Cy,yk t - DiGt-,-.L`Date: i Owner, Owners, or Agent for Lot #,A Phone: e, ! o By: Print & Sign ��% �- i /GAL ;� Date: ©( / By: Print & Sign Date: By: Print & Sign V3 Form 101 Mar 2020 Page 1 Date: VENTURE THREE FORM401 Revised 1 Mar 2020 Contractor/13uilder agrees to this Indemnification Agreement, and• also agrees to irrevocably indemnify, save harmless and pay to any adjacent Ower.in any of the above associations against gay loss, cost, damage or liability arising directly or indirectly out of work or construction by the Contractor for the owners of the. above lot: ., OWNERS, who act as their own "General Contractor",. shalt have any sub -contractors sign this agreement PRIOR to commencement. of work. PARTIES TO THIS AGREEMENT: OWNER: Printed Name: ©/bA✓6{ Signature: Date• 21 GENERAL T C OR. -c FL tractor License # Does Contractor have a "Certifica a of Liabili M nsurance" on Me in the V3 Office? Y ® N Company Name: Agent Printed Name: Agent Signature: Date: - SUB -CONTRACTOR— FL Contractor License # Does Contractor have a "Certificate of Liability Insurance" on file, in the W3 Office? Y ® N [:]. . Company Name: — Agent Printed Name: , Agent Signature: Date: SUB -CONTRACTOR --- FL -Contractor License # Does Contractor have a `fCertificate.of Liability Insurance" on file in the V3 Office? Y .No Company Name: Agent Printed Name: Agent Signature: Date: V3 Form 101_Mar 2020 Page 4 VENTURE THREE FORM` 101 Revised 1 Mar 2020 THIS APPENDIX SHALL BE -PROVIDED TO -ANY CONTRACTOR OR SUBCONTRACTOR BY THE.OWNER Appendix A 'WORK BY CONTRACTORS & TRADES; -PROFESSIONAL, AND COMMERCIAL Pit RSONS 1. 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. The Building Committee shall be responsible for the attachment of a complete set of Venture 3 Rules, related to contractor work, to each Form 101 before the 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 sei vice 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. HOURSIDAYS 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 9.100 AM'and 6:00 PM on Monday through. Saturday, except for work required in emergency situations. d. No work, including "prep work" or "setup" work shall begin prior to 9:00 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 V3 Form 101—Mar 2020 Page 5 Contractor/Builder agrees indemnifi, save harmless ree to this Indemnification A and a g merit, and also agrees to irrevocably Pay to any adjacent Ow any loss, cost, damage or liabili ner in any of the above associations a ty arising directly against by the Contractor for the owners of the above tly or indirectly out of work or construction OWNERS, who act as their own "General Contractor", shall have any sub -contractors sign this agreement PRIOR to commencement of work. PARTIES TO THIS AGREEMENT: Printed Name: Signature: GENERAL FL Contractor License # Date- ' S Does Contractor have a "Certificate of Liability Insurance" on file in the V3 Office? Y N p. Company Name: Agent Printed Name: Agent Signature: re/Z Date: SIB -CONTRACTOR--- FL Contractor License # Does Contractor have a "Certificate of Liability insurance" on file in the V3 Office? Y N Company Name: Agent Printed Name: N111 J- Agent Signature: Date SIB -CONTRACTOR --- FL Contractor License # Does Contractor have a "Certificate of Liability Insurance" on file in the V3 Office? Y - N _ Company Name: Agent Printed Name: Agent Signature: Date: V3 Form 101 Mar 2020 Page 4 fee o .fir e-e -L- la n j sca Pi (,(-I remoo wd— VENTURE- THREE FORM- 101. Revised 1 Mar 2020 INDEMNIFICATION ,AGREEMENT For Lot # This Indemnification Agreement is made and entered into by and between the. OWNER, this,,BUILDER and VENTURE III, INC.; including.its constituent. components of Venture Out at St. Lucie, Inc., Venture Out at Indian River, Inc., and Venturc Harbor (collectively hereinafter referred to as "Venture Ill"). W ITNE`S:ETH WIEREAS, Builder is making certain improvements to the job site owned by Owner and located within the community served by Venture III; and` WHEREAS, as a result of the construction activities, Builder will be using some of the common facilities owned and maintained by Venture III, 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. THE parties agree as follows: 1. Damage, 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, however, in the case of any damages to utility lines, such damages shall be repaired immediately based upon a telephone call. 2. Indemndfication. 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. Enanyement 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 Ili may be entitled under any statute, V3 Form 101_Mar 2020 .. Page 2 VENTURE THREE FORM 101 Revised t Mar 2020 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. S. Miscellaneous. Amendment. This -Agreement may not be altered, changed or amended except by an instrument in writing signed by the parties hereto.. . 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. £ V3 Form 101 Mar 2020 Page 3 VENTURE" THREE FORM. 101- Revised 1 Mar 2020 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 shalt°park such that the roadway is not blocked and at least one full lane is open 16 thru traffic.' Should complete. blockage of the roadway be unavoidable, theprovisions of par: I I.A.7 regarding road closure apply. In any case; except for aunitunder construction, vehicles of said'person(s) shall not park on the soft surfaces atlunits. 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 Trom 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 it 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 t6 penetrate the paving or otherwise -'harden and became more difficult to remediate: Failure'to comply could result in a stop`work'order being issued pending. th46'resol0Hon-of the condition or problem. 7. If any area° is covered with concrete, paver, garden plants; grass, or-o&r material which belongs to -the owner; where underground utilities maybe 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.uult owner is ultimatelyresponsible for the performance of contractors, businesses, construction & professional persons contracted or hired by them or by their contractors) 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. e. Daily- clean up loose building material; nails, etc., from construction site and street. V3 Form 101_Mar 2020 Page 7 VENTURE THREE FORM401: Revised t Mar 2020 Venture Three, Inc:Xroperty Manager or the Sub- Association President, defined by but not limited to the following: e.. 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.absolutelyrequired, justified, and prearranged with the Property Manager of Venture Three, Inc. The Property Managershall 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 intentbeing 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,,supervisoty 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 on - site. 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. Parldug of Contractor Vehicles at. Construction Sites a. Contractor,vehicle,which:are needed for the actual; construpognprocess shall nark 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 Tinee, 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,closesfintersections to the closure in both directions which clearly state the road is closed to thru traffic. Signage should be placed'to effectively close-theroadway 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 vehicle's should conditions so,dictate.� b. 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Do not use cbmmunity"bathrooms k. Do not block any streets or private driveways with bucks, trailers, etc., or any, equipment. 1. Any exceptions to the above must be approved by the V3 Property Manager. in. All footings must be dug by hand. V3 Form 101_Mar 2020 Page a • Review & Approve Annual Venture Three Management Agreement - Diane Edwards made a motion to accept the V3 Management Agreement. Donna Schiess seconded. It was unanimously accepted. • Review & Approve Venture Three Proposed Budget - Diane Edwards made a motion to accept the proposed V3 budget for 2021-2022 as presented. Jim Peters seconded the motion. It was unanimously accepted. • Amendments to Rules & Regulations — The Board voted unanimously to accept the following changes to our Rules & Regulations: o Adding Table of Contents — Page 2 o Adding "or special' meeting in the Preamble — Page 5 o Correcting the email address for the Venture Three Office — Page 6 o Adding "Private Property and/or No Trespassing" signs to the rules for signs — Page 19 There was discussion regarding adding the Fining Procedure to the Rules & Regulations — this was tabled and will be discussed further at our April meeting. Discussion on Wilco Using Al2 — Diane Edwards opened the floor for discussion on Wilco using Al2 and parking the barge in the canal. The barge is currently in another community and is not scheduled to return to Venture Three for 2 — 3 months. When they do return, they will be working on a property in Venture Out at St. Lucie that is on the river/lagoon, so at this time the issue is not pressing. Discussion followed and it was decided to table the issue for future discussion. Open Floor for Members: The next Harbour board meeting will be Monday, April 19, 2020 — the time has yet to be determined. Diane Edwards made a motion to adjourn. Seconded by Pat Wiencke. No Discussion. Unanimous approval. Meeting adjourned at 2:45 p.m. Respectfully submitted, Patricia Wiencke Secretary, Venture Harbour, Inc. k 8e o1c o1e Ne ole Kc ek ok �Ic o1c ale �1e ok �Ic ale �Ie ok ok �1e �Ie o1e �1t $e �Ie o!c ok 8e ek �k �k �k �k �k �k �k �k �k �k �k �k �k �k �k �k �k ok �k �k �k ok $e �k �k Venture Harbour, Inc. Special Board Meeting Variance Request for Lot A 6 Thursday, March 18, 2021 Welcome & Call to Order President Diane Edwards called the meeting to order at 4:01 PM. Board Member Roll Call & Determination of a Quorum President noted that all board members were present, and we had a quorum. New Business Diane Edwards asked Kelly Corona to explain why she was asking for a variance (please see attached request). Kelly said that they needed the landing on the steps to be 7'x 5' to accommodate medical equipment, as joint replacement surgeries are scheduled soon. The current plan places the landing 16" into the set 15' setback. Donna Schiess read an e-mail from the neighbor at A7 that he was okay with approving the variance (see attachment). Don Snodgrass, Chairman of the Building Committee, reported that the Committee also supported approving the request for the variance. Diane Edwards made a motion to accept the plans as presented and grant the variance; seconded by Donna Schiess. During the discussion that followed, it was noted that although the contractor had signed the indemnity page, the block indicating the contractor had insurance had not been checked. This would mean that the owner would be responsible for any incurred damages occurring by the contractor while he was working on the project. Kelly indicated she understood, and Diane will follow-up with the Venture Three office to see if the contractor's license and insurance information was on file. The President asked for voice vote: Diane Edwards -YES; Patricia Wiencke -YES; Jim Peters -YES; Donna Schiess-YES; Diane Schmidt -YES; Barbara Bennett -YES; Kelly Corona abstained from voting, as she was recused. The motion for the variance request passed. President Diane Edwards adjourned the meeting at 4:17 P.M. Respectfully submitted, Patricia Wiencke Secretary, Venture Harbour, Inc. 0