HomeMy WebLinkAbout2003-048 MODIFICATION TO
CONTRACT FOR CONSTRUCTION OF REQUIRED SIDEWALK
IMPROVEMENTS
NO . PD -00 -09 -17 -SC (99070081 )
THIS MODIFICATION , made and entered into this 4th day of
March 2003 , by and between Pointe West of Vero Beach , Ltd . , a
Florida limited partnership , hereinafter referred to as " Developer" , and INDIAN
RIVER COUNTY , a political subdivision of the State of Florida , by and through its
Board of County Commissioners , hereinafter referred to as " County" .
WITNESSETH :
WHEREAS , Developer entered into a Contract for Construction of
Required Sidewalk Improvements No . PD-00 -09 - 17-SC (99070081 )
guaranteeing the completion of certain required sidewalk improvements on or
before March 1 , 2003 ; and
WHEREAS , certain of the required improvements are not completed as
outlined in Exhibit "A" attached hereto , and
WHEREAS , the Indian River County Code requires the developer to
construct required sidewalk improvements , within two years from the date of final
plat approval , but with approval can be extended an additional two years ; and
WHEREAS , the final plat for Pointe West Central Village , Phase 11 P . D .
was approved by the Board of County Commissioners of Indian River County on
March 13 , 2001 ; and
WHEREAS , Developer wishes to extend the contract date in which to
complete the remaining required sidewalk improvements to March 1 , 2005
which is within the additional 2-year code allowance ; and
WHEREAS , the Developer wishes to substitute the security now in place
from an irrevocable letter of credit to cash , as well as reduce the security to
cover the remaining sidewalk improvements to be constructed ,
NOW, THEREFORE , IN CONSIDERATION OF THE MUTUAL
COVENANTS AND PROMISES HEREIN CONTAINED , the parties agree as
follows :
1 . The date for completion of the remaining required sidewalk
improvements as outlined in the Contract for Construction of Required Sidewalk
Improvements No . PD =00 -09 -17 -SC (99070081 ) is extended to March 1 , 2005 .
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2 . The existing Fidelity Federal Bank & Trust Irrevocable Letter of
Credit No . 295-74902 in the amount of $ 35 , 604 . 00 will be released in exchange
for cash totaling $ 28 . 065 . 60 which represents 115 % of the remaining
required improvements to be completed , in support of a Cash Deposit and
Escrow Agreement .
3 . All other terms set out in the Contract for Construction of Required
Sidewalk Improvements No . PD -00-09 - 17-SC (99070081 ) remain in full force
and effect .
IN WITNESS WHEREOF , the parties hereto have set their hands and
seals on the day and year first above written .
POINTE WEST OF VERO BEACH ,
LTD . , a Florida limited
partnership
By: POINTE WEST OF VERO
BEACH , INC . , General Partner
Charles Mechling , President
INDIAN RIVER COUNTY, FLORIDA
by and through its Board of County
Commissioners
By:
Kenneth R . Macht , Chairman
BCC approved 3 / 4 / 03
ATTEST: J . K . Barton , Clerk of Court
By: V/ q
Deputy Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By:
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William G . Collins II
Deputy County Attorney
2
�� 4tvE� Board of County Commissioners
Q
1840 25th Street
Vero Beach, Florida 32960
* * Telephone, (772) 5674000
FAX: 772- 77&9391
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February 20, 2003
Onsite Management Group
1999 Pointe West Drive
Vero Beach, Florida 32966
Attention: Mr. Stephen R. Melchiori , P . S .M.
Subject: Pointe West Phase H, Sidewalk Bond
Dear Mr. Melchiori :
I received your letter dated Februaryl7 , 2003 (attached) regarding the sidewalk bond for the
above subject project.
The Engineering Division is agreeable with the quantities shown on your spreadsheets as being
completed at this time ( 1 , 047 LF) . However, since the Letter of Credit No . 295 -74902 was
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ssued on March 7 , 2001 the cost for sidewalk has gone up .
I agree with reducing the original $ 35 , 604 .00 bond amount by the $ 7,538 . 40 completed amount,
( 1 , 047 LF 4$ $ sidewalk @ $ 7. 20 per LF = $7, 538 .40) but not reduce the additional 15 % .
Therefore, I recommend the new bond amount for the remaining sidewalk in Phase II be
$285065 . 60 ($ 35 , 604 . 00 - $ 7, 538 . 40) .
The requested reduction in the bond for Phase III will be handled separately. We will have
Phase III inspected in the next couple of days and process the request for reduction appropriately.
EEXH
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FAEngineering\land Development Pemvts\Pointe West Ph R-Ur OnSite-sidewalk bond-cjk.dot
PAGE TWO
OnSite Management Group
February 20, 2003
Please contact me at (772) 567- 8000 extension 1221 if you have any questions .
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County En ' eer
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ATTACHMENT
cc : James W. Davis, P .E. , Public Works Director
D . Howard, Jr. , Manager, Construction Coordination
Wilson Wetherington, Engineering Technician
Jason Brown, Manager, Office of Management` & Budget
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