HomeMy WebLinkAbout2003-122 24 03 11 : 13a Lundberg - Young S61 569 0714 p . 2
MODIFICATION TO
CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS
N0 . SD-01 -10"24-CFC (99080039 )
THIS MODIFICATION , made and entered into this 44A/ day of
2003 , by and between Malnstmet At Vero (Beach , Inc . , a
Florida corporation , 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 , the final plat of Sabal Trace , Phase 1 , a Subdivision was
approved by the Board of County Commissioners on December 11 , 2001 , and
as a condition of final plat approval , the Board of County Commissioners
approved a Contract for Construction of Required Improvements No . SD-01 - 10-
24"CFC (99080039 ) wherein the Developer , Mainstreet At Vero Beach , Inc . ,
guaranteed by performance bond the paving of streets in unplatted Phases 2
and 3 , over water and sewer lines which service Sabal Trace , Phase 1 , to be
completed by December 11 , 2002 ; and
WHEREAS, Developer has not completed those improvements , and is in
default under the terms of the Contract for Construction of Required
Improvements No . SD-01 - 10"24 -CFC (99080039 ) : and
WHEREAS , County does not deem it advisable to make a claim against
the performance bond because Developer has recently made application for a
Replat of Sabal Trace in which the paving would be completed via the platting
process of the Replat of Sabal Trace , and
WHEREAS. County is requiring a modification to the existing Contract for
Constructlon of Required Improvements No . SD"01 - 10-24-CFC (99080039 ) to
extend the completion date of the paving before County issues the necessary
permits to Developer to begin work over the unpaved area where the water and
sewer lines lay ; and
WHEREAS . Developer wishes to extend the contract date in which to
complete the required paving improvements to December 11 , 2004; and
WHEREAS , County is willing to extend the completion date ; and
WHEREAS, the surety company that issued the performance bond has
consented to the extension of time to complete ; and.
WHEREAS , County has been provided with documentation of the
continuation of the performance bond ,
r 24 03 11 : 13a Lundberg - Young 561 569 0714 p , 3
NOW, THEREFORE , IN CONSIDERATION OF THE MUTUAL
COVENANTS AND PROMISES HEREIN CONTAINED , the parties agree as
follows ;
1 . The date for completion of the required improvements as outlined
in the Contract for Construction of Required Improvements No. SD-01 - 10-24-
CFC (99080039 ) is extended to Decembiar 11 , 2004 ,
2 . The surety company' s consent to the extension of the time to
complete and documentation of the continuation of the performance bond in the
amount of $57 , 381 . 69 are on file in the Office of County Attorney,
3 . All other terms set out in the Contract for Construction of Required
Improvements No. SD-01 - 10 -24-CFC (99080039 ) 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 .
MAINSTREET AT VERO BEACH , INC . ,
a Florida corporation
By:
B ks A . Hatfield', ident
Office o a gement an at
Date : 5�7,v�o3 By:
Jason . Br , Budget Manager
INDIAN R COUNTY , FLORIDA
By :
Kenneth R . acht , airman
Board of County Commissloners
A Jeffrey K. B Jerk BCC Approved : May 20 , 2003
By :
Deputy Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY.
By: tAe,
Wiliam G . Collins 1 �r
County Attorney
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