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UD Ul zuu3 hA.\ -T J,3' iUti4 <br />M -R HOMES,Ltd. -. MALASKI <br />MODIFICATION TO <br />CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS <br />NO. PD -01 -08 -18 -CFC (99110063-26994) <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 lone year from date of final approval for the required improvements to be <br />completed; and <br />thaWHEREAS, the Indian River County Code Section 913.10(1)(E) states <br />t 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 />fort 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 />thoWHEREAS, Developer wishes to extend the date in which to complete <br />se required improvements; and <br />WHEREAS, it is staffs 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 />10002 <br />-0.3 <br />