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2007-163
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2007-163
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Last modified
5/16/2016 2:24:32 PM
Creation date
9/30/2015 10:48:32 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
First Amendment
Approved Date
05/15/2007
Control Number
2007-163
Agenda Item Number
11.J.3
Entity Name
Village Oaks 80 Realty, LLC
Subject
First Admendment Sewer Force Main
Area
Kings Highway and 26th St.
Project Number
05-158
Supplemental fields
SmeadsoftID
6302
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FIRST AMENDMENT TO AGREEP.dENT BE P/YFEN INDI-' `i RIVFP ;, ND <br /> Vit_ LAGL OAKS 30 REALTY. LIC ? CaR THE BELLA RGSA SUBD, e i `.ION r^ RMF i Y C, LLED <br /> 'VILLA&'-: OAKS SUBDIVI& ON) <br /> this - irst Am "dlm.-n Hy : �r t u � ,i-en Ind<an Rv ' 7j County a#s , ., E< <br /> CHrst Amerf. ment' l is onle-=gid In -. elaC**NVa by arld 'et'x =. — n ' (;vicar C' ✓er C _'untf =. <br /> Fel;tical subdwisie;= o' +ht a-air ar Florida, 185^ 2�5treet, Vero Beacn , FL 3^960 ` L oEl«t j') and Wla - ca • - <br /> 80 Realty, LLC, a t londa ':-;vied liability comoany, whose address Is 3205 NW 62" Street. rota Ratcn . F. <br /> 33496 (colonvel'7 ` bevel-^cr <br /> BACKGROUND RECITALS <br /> A. Effective April 19, 2005, the County and the Developer entered into the Indian <br /> River County and Village Oaks 80 Realty, LLC for Village Oaks Subdivision (,`Agreeme^t <br /> B. The County and the Developer desire to amend the Agreement by ; 1 ) charging the Iota! cost of the <br /> force main from $329,290. 30 to the actual cost of $209, 980.20 (See Exhibit 81 ), !2) revising th list of benefiting <br /> property owners (See Exhibit 01 ) , {3) changing the classification of 1 ,400 feet of 6' force main or. 58'q Avenue to <br /> Master Planned Force Main for which the Developer would be paid $65,424 99 upcn submittal of ar nvoice for <br /> same, (4) revising the Developer's share of the remaining force main to $32, 392. 17 and (5) revising the <br /> remaining benefiting property owners share to $ 112, 163.04 (See Exhibit 132) , in accordance with the previsions <br /> of the ,Agreement, as set forth in this First Amendment. <br /> NOW THEREFORE , for good and valuable consideration, the receipt and sufficiency of which is hereby <br /> acknowledged , the parties hereto, intending to be legally bound , covenant and agree to amend the Agreement <br /> as follows: <br /> ( 1 ) The Background Recitals are true and correct and form a material part of This First Amendment. <br /> (2) From and after the effective date of this First Amendment, the Deveko;;yr's Agreesnerit shall be <br /> changed in accordance to the Background Recitals given in B above. <br /> (3) All terms and conditions of the Agreement not amended herein remain in full force and effect. <br /> IN WITNESS WHEREOF. the County and the Developer have caused this First Amendment to be <br /> signed as of the day and year first stated above, <br /> Developer: INDIAN RIVER COUNTY <br /> BOARD OF COUNTY COMMISSIONERS <br /> VILLAGE OAKS 80 REALTY, LL C .. a Florida <br /> Limited liability Company � r ,o <br /> BYt z r d By � <br /> Lou o s S. j: tm <br /> Ve an I�resident C Wheeler; CI err'la^ <br /> Witness L r • 1 yr ` -'l ll" � tl� roved � 5�� 7 <br /> Printed n t ! r <br /> B <br /> 4Mtness" in eph A. B 4 °-!�edministratar <br /> Printed na <br /> �s ! r �, <br /> ` A ved s to form and Ie ai sufficiency <br /> By .� <br /> Marian E . FGT <br /> Assistant County Attorney <br /> Attachment <br />
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