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US 01 2003 10 : = 1 FAX 7 ; _' 38980 ,'SJ X - R HOMES , Ltd . MALASKY OU : <br /> r <br /> V r4 V C <br /> MODIFICATION TO <br /> CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS <br /> NO . PD -01 -08 -18-CFC (9911006346994) <br /> THIS MODIFICATION , made and entered into this 6th day of <br /> _ 2003 , by and between M -R Homes , Ltd. , a Florida limited <br /> partnership , hereinafter referred to as " Developer", and INDIAN RIVER <br /> COUNTY , a political subdivision of the State of Florida , by and through its Board <br /> of County Commissioners , hereinafter referred to as " County' <br /> WITNESSETH : <br /> WHEREAS , Developer entered into a Contract for Construction of <br /> Required Improvements No . PD-01 -08- 18 -CFC (99110063-26994 ) <br /> guaranteeing the completion of certain required improvements on or before <br /> February 12 , 2003 ; and <br /> WHEREAS , those certain required improvements are not completed ; and <br /> WHEREAS , the Indian River County Code Section 913 . 10 ( 1 ) (B ) allows up <br /> to one year from date of final approval for the required improvements to be <br /> completed ; and <br /> WHEREAS , the Indian River County Code Section 913 . 10 ( 1 ) (E ) states <br /> that for good cause shown , the Board of County Commissioners may in its <br /> discretion grant one or more extensions of time for performance of any contract <br /> for required improvements , provided the surety supporting such contract remains <br /> valid for the required 90-day period following the newly extended time for <br /> performance ; and <br /> WHEREAS , the final plat for Seasons , P . D . was approved by the Board <br /> of County Commissioners of Indian River County on February 12 , 2002 ; and <br /> WHEREAS , Developer wishes to extend the date in which to complete <br /> those required improvements ; and <br /> WHEREAS , it is stafrs recommendation to extend the date in which to <br /> complete those required improvements to February 12 , 2004 with the letter of <br /> credit supporting such contract extension to remain in place until May 12 , 2004 ; <br /> NOW, THEREFORE , IN CONSIDERATION OF THE MUTUAL <br /> COVENANTS AND PROMISES HEREIN CONTAINED , the parties agree as <br /> follows : <br />