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Ashley Lakes North <br /> Copy - <br /> /�. alb _r, a66 <br /> V 1,�. ��,, •rte �� �� <br /> SECOND MODIFICATION TO <br /> CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS <br /> NO . SD -04-1048-CFC (2004020225-48531 ) <br /> THIS SECOND MODIFICATION , made and entered into this 4th day of <br /> September , 2007 , by and between Ashley Lakes North , LLC , a Florida <br /> limited liability company , hereinafter referred to as " Developer" , and INDIAN <br /> RIVER COUNTY , a political subdivision of the State of Florida , by and through its <br /> Board of County Commissioners , hereinafter referred to as "County' . <br /> WITNESSETH : <br /> WHEREAS , Developer entered into a Contract for Construction of <br /> Required Improvements No . SD-04- 10-48-CFC (2004020225-48531 ) <br /> guaranteeing the completion of certain required improvements on or before <br /> September 13 , 2006 ; and <br /> WHEREAS , at the request of the Developer, the Board of County <br /> Commissioners on September 5 , 2006 modified said Contract for Construction of <br /> Required Improvements to extend the time to perform ; and <br /> WHEREAS , due to the Developer encountering delays caused by various <br /> unforeseen change orders, including multiple problems at the Black Bear <br /> Subdivision entrance and an asphalt leveling course on 45th Street , Ashley Lakes <br /> North , LLC has requested a 6-month extension (to March 13 , 2008 ) to complete <br /> the remaining required improvements ; 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 , staff has no objection to extending the date in which to <br /> complete those required improvements to March 13 , 2008 so long as the letter of <br /> credit supporting such contract extension is extended to June 13 , 2008 , <br /> NOW, THEREFORE , IN CONSIDERATION OF THE MUTUAL <br /> COVENANTS AND PROMISES HEREIN CONTAINED , the parties agree as <br /> follows : <br />