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O R j C IN j Ls TO gL) � D �zl L F <br /> C (OP) <br /> 81 <br /> Lost Lake <br /> SUBSTITUTE <br /> CONTRACT FOR CONSTRUCTION OF <br /> - - --- ---- ---- -- REQUrRED SIDEWALK IMPROVEM-ENTS <br /> NO . SD = 05 -08 =39 - CFCSUBSIDE ( 2003080256 =53385) <br /> THIS SUBSTITUTE CONTRACT , made and entered into this <br /> day of October 21 , 2008 , by and between Hiers Properties , L . L. C . , a <br /> Florida limited liability company , hereinafter referred to as "Successor <br /> Developer" , and INDIAN RIVER COUNTY , a political subdivision of the State of <br /> Florida , by and through its Board of County Commissioners , hereinafter referred <br /> to as " County" . <br /> WITNESSETH : <br /> WHEREAS , Lost Lake , LLC , a Florida limited liability company was <br /> the original Developer that commenced proceedings to effect development of <br /> land within Indian River County , Florida known as Lost Lake Subdivision ; and <br /> WHEREAS , a Final Plat for the development within the <br /> unincorporated area of Indian River County was approved on July 11 , 2006 ; and <br /> WHEREAS , the final plat could not be approved until the Developer <br /> had installed the required improvements or had guaranteed to the satisfaction of <br /> the County that such improvements would be installed ; and <br /> WHEREAS , the required sidewalk improvements were to be <br /> installed within two years after Final Plat approval , under guarantees posted with <br /> the County ; and <br /> WHEREAS , the Developer entered into a Contract for Construction <br /> of Required Sidewalk Improvements agreeing to complete the sidewalks by July <br /> 11 , 2008 ; and <br /> WHEREAS , the Developer defaulted under the terms of the <br /> Contract for Construction of Required Sidewalk Improvements and the security <br /> guaranteeing the sidewalk construction was called by the County ; and <br /> F : \Attorney\ Nancy\DOCS\PLAN\ lost lake substitute side k.doc <br />