HomeMy WebLinkAbout2004-117 May 17 04 01 : 15p Indian River County 772 - 770 - 5095 p . 2
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Citrus Springs Village `°C" (Phase
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CORRECTIVE
MODIFICATION TO
CONTRACT FOR CONSTRUCTION OF REQUIRED SIDEWALK
IMPROVEMENTS
NO . PD -01 -02 -08 -CFCSIDE -C1 (99100114 -27447)
THIS CORRECTIVE MODIFICATION , made and entered into this 1st
day of dun 2004 , by and between The Suntree Partners , a Florida
general 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 -01 -02 -08 -CFCSIDE -C1 (99100114-
27447) guaranteeing the completion of certain required sidewalk improvements
within Phase 1 of Citrus Springs Village " C " P . D . and posted the required
security; and
WHEREAS , on February 3 , 2004 the Board of County Commissioners
approved a Modification to Contract for Construction of Required Sidewalk
Improvements No . PD -01 - 02 -08 -CFCSIDE - C1 (99100114 -27447) to extend the
date to October 28 , 2004 to complete the required sidewalk improvements as
well as to reduce the amount of security since a portion of the sidewalks had
been constructed and inspected ; and
WHEREAS , adequate security , in the form of a performance bond , is
currently in place , specifically Performance Bond No . MB4207 of Contractors
Bonding and Insurance Company in the amount of $ 37 , 294 . 50 amended by a
Change Rider dated January 9 , 2004 , extending the bond expiration date to
January 28 , 2005 and reducing the amount to $ 25 , 600 . 73 ; and
WHEREAS , the Modification to Contract for Construction of Required
Sidewalk Improvements No . PD -01 -02 - 08 - CFCSIDE -C1 ( 99100114-27447 )
erroneously refers to Performance Bond No . MB4206 of Contractors Bonding
and Insurance Company in the amount of $ 38 , 564 . 79 ,
NOW, THEREFORE , IN CONSIDERATION OF THE MUTUAL
COVENANTS AND PROMISES HEREIN CONTAINED , the parties agree as
follows :
Received Time May • 11 , 1 : 13PM
May 17 04 01 : 1Gp Indian River County 772 - 770 - 5095 p . 3
1 • The correct performance bond in place to guarantee completion of
required sidewalk improvements under Contract for Construction of Required
Sidewalk Improvements No . PD -01 -02 -08 - CFCSIDE - C1 (99100114-27447) , as
modified , is Performance Bond No . MB4207 of Contractors Bonding and
Insurance Company in the amount of $ 37 , 294 . 50 amended by a Change Rider
dated January 9 , 2004 , to extend the bond expiration date to January 28 , 2005
and reduce the amount to $25 , 600 . 73 which amount represents 115 % of the
remaining required Phase 1 sidewalk improvements .
2 . All other terms set out in the Contract for Construction of Required
Sidewalk Improvements No . PD -01 -02 -08 -CFCSIDE -C1 (99100114-27447) , as
modified , 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 .
THE SUNTREE PARTNERS , a Florida
general partnership , DEVELOPER
By HMM , INC . , a Florida corporatlon ,
eral Partner .
By:
Myra , . Haley , President
INDIAN RIVER COUNTY, FLORIDA
by and through its Board of County
Commissioners
By :
Caroline D . Ginn , Ch firman
ATTEST : J . K . Barton , Clerk of Court BCC approved : June 1 , 2004
By:
Deputy Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY :
William G . Collins II
County Attorney
F :\attomey\nancy\DOCS \PLAN\MODIFICATO correct K for side con citrus c I . doc
Received Time May , 17 • 1 : 13PM