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HomeMy WebLinkAbout2004-118 \May 17 04 01 : 16p Indian River County 772 - 770 - 5095 p . 4 Citrus Springs Village "A" - P . D . C1 , 0J y� / - " 0 x ` 11 MODIFICATION TO CONTRACT FOR CONSTRUCTION OF REQUIRED SIDEWALK IMPROVEMENTS NO . PD -01 -02 -08 -CFCSIDE -A1 (99100114-27981 ) June THIS MODIFICATION , made and entered into this 1st day of , 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 -A1 (99100114 - 27981 ) guaranteeing the completion of certain required sidewalk improvements ; and WHEREAS , certain of the required sidewalk 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 with the ability to extend the contract for construction and posted security for an additional two years ; and WHEREAS , the final plat for Citrus Springs Village " A " P . D . was approved by the Board of County Commissioners of Indian River County on March 12 , 2002 ; and WHEREAS , Developer wishes to extend the contract date in which to complete the remaining required sidewalk improvements to March 12 , 2005 which is within the code requirement ; and WHEREAS , Developer additionally wishes to reduce the amount of security in place since a portion of the sidewalks has been constructed and inspected ; and WHEREAS , adequate security , in the form of a performance bond , is currently in place , NOW, THEREFORE , IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES HEREIN CONTAINED , the parties agree as follows : Received Time May . 17 , 1 : 13PM 04 01016p Indian River County 772 - 770 - 5095 P - 5 1 . The date for completion of the remaining required sidewalk improvements as outlined in the Contract for Construction of Required Sidewalk Improvements No . PD -01 -02 =08 -CFCSIDE -A1 ( 99100114 -27981 ) is extended to March 12 , 2005 . 2 . The existing Performance Bond No . MB4271 of Contractors Bonding and Insurance Company in the amount of $49 , 858 . 02 amended by a Change Rider dated March 3 , 2004 , to extend the bond expiration date to March 12 ; 2005 and reduce the amount to $ 18 , 163 . 63 which amount represents 115 % of the remaining required sidewalk improvements to be completed is adequate and is to remain in place . 3 . All other terms set out in the Contract for Construction. of Required Sidewalk Improvements No . PD -01 -02 -08 -CFCSIDE -A1 (99100114-27981 ) 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 corporation , eral Partner By : Myra . Haley , Presiden INDIAN RIVER COUNTY , FLORIDA by and through its Board of County Commissioners By : Caroline D . Ginn , Ch an ATTEST : J . K . Barton , Clerk of Court BCC approved : y , June 1 , 2004 By : Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY : By : � Ly William G . Collins II County Attorney 2 FAattorneyAnancy\DOCSTLAMMODIFICATO K for side con citrus al .doc Received Time May • 17t 1 : 13PM -----Original Message----- From : Wilson Wetherington Sent: Tuesday, March 02, 2004 1 :48 PM To : Mark Zans Cc: Chris Kafer; Deward Howard; Jason Brown Subject: Citrus Springs Village "A", Performance Bond No. MB4271 Mark Engineering Division staff preformed an inspection on the subject project, for Contract for Construction No . PD-01 -02-08-CFSIDE-A1 . The bond can be reduced , but the following items and amounts must be bonded : Grading and Sodding lake slopes Tract A- 1 reduced by 80 % to $725 . 76 x 115 % _ $834 . 62 Tract A-2 reduced by 80 % to $691 .20 x 115 % _ $ 794 . 88 Sidewalk Construction Phase A- 1 1 , 065 If x 5' wide = 5 , 325 sf x $2 . 70 = $ 14 , 377 . 50 x115 % _ $ 16 , 534 . 13 Therefore , the new Performance Bond must be for at lest $ 18 , 163 . 63 . Wilson .� EXHIBI i ! y i