PRE-CONSTRUCTION SERVICE AGREEMENT
This Pre-Construction agreement (hereinafter referred to as “Agreement”) is entered
into on this _______ day of __________ 20__ BETWEEN XXX LLC
(hereinafter referred to as the “Owner”) and XXX LLC (hereinafter
referred to as the “Contractor”). Together referred to as the “parties”.
WHEREAS the parties have agreed to be legally bound by the terms and conditions
in this agreement in relation to _____________ (hereinafter referred to as the
“Project”).
1. Services.
Parties agree that the services to be provided by the Contractor at this stage shall be
as follows; –
i. Boundary & Topographic Survey.
ii. The layout of the site, Site plan, elevations, including the geometry of the
building, septic (if necessary), parking lot, landscaped areas, and water
management areas
iii. Building floor plan, elevations.
iv. Paving, grading, and drainage plan for the developed site, including
requisite details and cross-sections.
v. Traffic Impact Study.
vi. Site Lighting Plan with Photo-metrics.
vii. Landscaping & Irrigation Plans; Water-Use Permitting (SFWMD).
viii. Stormwater drainage and on-site water management system, including
SWPPP and ERP (LAMSID) preparation.
ix. Off-site roadway improvements identification.
x. On-site septic system; Design and permitting (LCDOH), if necessary.
xi. Development Order application; Submittal to LCDs.
xii. Coordinate Development Order review and attend meetings with LCDs
and other agencies to facilitate reviews.
xiii. Removal of trees
xiv. Haul away
xv. Fill the dirt (up to 16,000 yards)
xvi. Grade and level.
Parties agree and acknowledge that the following are the excluded items that are
typically not required; –
i. Platting
ii. Florida Department of Transportation (FDOT) permitting.
iii. Traffic mitigation design and permitting.
iv. Protected species surveys.
v. NPDES through FDEP.
vi. Wetland delineation.
vii. Structural analysis.
viii. Soil borings.
ix. Zoning services (variances, deviations).
2. Costs.
The parties agree that the total fees and costs for the services to be provided under
this agreement shall be $397,500, payments of which shall be as follows; –
1 st Draw – upon signing the contract: $132,500
2 nd Draw – upon approval of DO: $132,500
3 rd Draw – Upon completion of all the above works: $132,500
3. Time of Completion.
Time is of the essence, and the agreed time for completing the services herein is
______.
4. Permits.
The Contractor shall be responsible for obtaining the necessary permits under the all
the applicable laws, which are; –
i. Architectural Plans.
ii. Structural Plans.
iii. Electrical.
iv. Mechanical.
v. Plumbing.
vi. Septic Permits if required.
vii. Energy Calculations.
viii. Permitting.
ix. Vegetation permit
5. Termination.
In the event of any dispute or conflict regarding the terms and provisions in this
agreement, either party may issue a 30 days’ prior written notice to the other party.
If any payment has been made, the Contractor shall refund any part that is yet to be
utilized. The Owner will pay the Contractor any amounts due before the issuance of
the termination notice.
6. Dispute Resolution.
If there arises any dispute or conflict from the services provided herein, the parties
shall negotiate over the same in good faith. If it fails, parties shall refer this matter to
mediation.
7. Governing Law.
The terms and provisions herein shall be construed in accordance with the laws of
the State of Florida.
8. Indemnity.
The Contractor shall indemnify the Owner from any liabilities, injuries, or claims that
may arise from the performance herein which has not been caused by the Owner’s
negligence and vice versa.
9. Insurance.
The Contractor acknowledges and agrees to have valid general insurance regarding
the project and the workers involved.
Proof of insurance shall be shared with the Owner upon request.
10. Amendments.
The terms herein shall only be modified or amended when the same is in writing and
signed by both parties.
11. Severability.
If any provision in this agreement is deemed invalid and unenforceable, the same
shall be severed from this agreement, and the remaining provisions shall continue in
full force and effect.
IN WITNESS WHEREOF the parties have caused this agreement to be signed on
the date hereinbelow indicate; –
By the; – XXX LLC
Representative:XXX
Signature:
__________________________
Designation:
________________________
Date:
______________________________
Email Address:
_______________________
By the; – XXX LLC
Representative: XXX
Signature:
___________________________
Designation:
_________________________
Date:
_______________________________
Email Address:
_______________________
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