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Arbor Trace - Phase II - P.D. <br />MODIFICATION TO <br />CONTRACT FOR CONSTRUCTION OF REQUIRED SIDEWALK <br />IMPROVEMENTS <br />NO. PD-99-09-13PH2-CFCSIDE (98090107) <br />THIS MODIFICATION, made and entered into this 24th day of <br />Mdrrh 2005, by and between Arbor Trace Development, Inc., a <br />Florida corporation, hereinafter referred to as "Developer", and INDIAN RIVER <br />COUNTY, a political subdivision of the State of Florida, by and throug 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 Sidewalk Improvements No. PD-99-09-13PH2-CFCSIDE ( 8090107) <br />guaranteeing the completion of certain required sidewalk improvements and <br />posted a letter of credit for the required amount; and <br />WHEREAS, the required sidewalk improvements are not completed; and <br />WHEREAS, the Indian River County Code requires the developer to <br />construct required sidewalk improvements, within two years from the date of final <br />plat approval with the ability to extend the contract for construction arid posted <br />security beyond the initial two year period at a rate of two years for every eight <br />project lots, but for no longer than ten years; and <br />WHEREAS, the final plat for Arbor Trace - Phase II - P.D. was approved <br />by the Board of County Commissioners of Indian River County on ugust 6, <br />2002; and <br />WHEREAS, the Developer wishes to extend the contract date it <br />complete the remaining required sidewalk improvements in Phase II to <br />2006 which is within the code requirement; and <br />WHEREAS, adequate security is currently in place, <br />NOW, THEREFORE, IN CONSIDERATION OF THE <br />COVENANTS AND PROMISES HEREIN CONTAINED, the parties <br />follows: <br />1. The date for completion of the required sidewalk improve <br />outlined in the Contract for Construction of Required Sidewalk Improver <br />PD-99-09-13PH2-CFCSIDE (98090107) is extended to August 6, 2006, <br />which to <br />kugust 6. <br />UTUAL <br />gree as <br />as <br />No. <br />