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WHEREAS , on November 4 , 2008 the developer indicated that they were going to proceed to construct the sidewalks and be completed with them prior to the next Board of County Commission meeting where an extension request would be presented ; and WHEREAS , since Developer is currently in default under its contract but believes the sidewalk improvements will be completed before the Board is to consider an extension , staff is requesting a 2 - year extension ( to August 17 , 2010 ) on behalf of the Developer to take the Developer out of the default status in the event the sidewalks are not completed to the satisfaction of the County before the Commission meets due to some unforeseen reason , including weather . NOW , THEREFORE , IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES HEREIN CONTAINED , the parties agree as follows : 1 . The date for completion of the required sidewalk improvements as outlined in the Contract for Construction of Required Sidewalk Improvements No . PD - 04 - 04 - 06 - CFCSIDE ( 99070081 ) , as modified , is extended to August 17 , 2010 , 2 . The $ 25 , 576 . 50 cash has been posted as substitute security to guarantee the completion of internal sidewalks . 3 . All other terms set out in the Contract for Construction of Required Sidewalk Improvements No . PD - 04 - 04 - 06 - CFCSIDE ( 99070081 ) , as modified , remain in full force and effect . IN WITNESS WHEREOF , the parties hereto have set their hands and seals on the day and year first above written . POINTE WEST OF VERO BEACH , LTD . , a Florida limited partnership By POINTE WEST OF VERO BEACH , INC . , General Partner Signed in/the presence of : p Sign : ' Print : �� _ e �.t t a B �, rLr Y Charles Mechling , President` Sign : IC �IUL/ DEVELOPER Print : ; 1= n 3