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HomeMy WebLinkAbout2008-220t ` Serenoa Phase 1 A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK MODIFICATION TO CONTRACT FOR CONSTRUCTION OF REQUIRED SIDEWALK IMPROVEMENTS NO. SD -03 -06 -17(A) -SIDE (98110046-52519) THIS MODIFICATION, made and entered into this At -h_ day of July, 2008, by and between Serenoa LLC, a Florida limited liability company, 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. SD -03 -06 -17(A) -SIDE (98110046-52519) guaranteeing the completion of certain required sidewalk improvements on or before April 4, 2008 and posted a Harbor Federal Savings Bank (now known as National City Bank) letter of credit as security to guarantee completion; and WHEREAS, the developer has (X) requested an additional two-year extension to April 4, 2010 to complete the remaining required sidewalk improvements, as allowed by code; () requested a substitution of security () requested a reduction in the amount of security necessary to complete the remaining sidewalks; and () provided an updated certified cost estimate attached as Exhibit "A"; 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 sidewalk improvements as outlined in the Contract for Construction of Required Sidewalk Improvements No. SD -03 -06 -17(A) -SIDE (98110046-52519) is extended to April 4, 2010. Y. 2. The $116,981.25 National City Bank Letter of Credit No. 486 has been amended to extend the expiration date to July 4, 2009 but must be further amended to extend the expiration date to July 4, 2010 (which is 90 days beyond the newly extended date to complete the sidewalks). 3. All other terms set out in the Contract for Construction of Required Sidewalk Improvements No. SD-OM&17(A)-SIDE (98110046-52519) 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. Signed in the presence of: P ATTEST: J. K. Barton, Clerk of Court By:rte Deputy Clerk AFPROVED AND LEGAL IM AS TO WILLIAM K' 0F6:PUTY CQVtf SERENOA LLC, a Florida limited Liability company "mes R.�Adams, Trustee of ardila Trust, Managing 6/Member of Serenoa LLC DEVELOPER INDIAN RIVER COUNTY, FLORIDA by and through its Board of County Commissioners Sodra L. Bowden, Chairman BCC approved: July 8, 2008 2 F:\Attomey\Nancy\DOCS\PLAN\serenoa phase 1 sidewalk modification.doc Y i -y THAT ; -Cl" COPY OtF ARTON, 1,1 r: (,_