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FIRST AMENDMENT TO AGREEMENT BETWEEN INDIAN RIVER COUNTY
AND WOODSIDE TUSCANY, LLC FOR TUSCANY LAKES SUBDIVISION
This First Amendment to Agreement between Indian River County and Woodside
Tuscany, LLC ("First Amendment") is entered into effective AylL!§t 12 2008, by
and between Indian River County, a political subdivision of the State of Florida,
("County") and Woodside Tuscany, LLC, a Florida limited liability company
("Developer").
BACKGROUND RECITALS
A. Effective January 3, 2006, the County and the Developer entered into the
Agreement between Indian River County and Woodside Tuscany, LLC for Tuscany
Lakes Subdivision ("Agreement"),
Be Thereafter, the County determined it did not require the Developer to construct a
16 -inch Diameter Master Planned Sanitary Force Main west long south side of 77th
Street from southeast corner of 58`h Avenue and 77th Street to west property line of the
Tuscany Lakes Subdivision,
C. During construction by the Developer of the Master -Planned 24 -inch water main
as required by the Agreement, it was mutually decided, based on field conditions, to
extend the alignment of the water main about 400 feet to the west side of the Humane
Society entrance drive to complete a loop with an existing 24" water main. The deletion
of the force main and addition of water main had the net effect of reducing by
$180,188.55 the County's total amount of reimbursement from a maximum amount of
$777,566.30 to $597,377.75.
D. The County and the Developer desire to amend the Agreement as set forth
herein.
NOW THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereto, intending to be legally
bound, covenant and agree to amend the Agreement as follows:
(1) The background recitals are true and correct and form a material part of
this First Amendment.
(2) From and after the effective date of this First Amendment, Paragraph 1A
of the Agreement is deleted in its entirety.
(3) From and after the effective date of this First Amendment, the last
sentence of Paragraph 1 B, "Reimbursement" is changed to read as follows:
"Reimbursement from the County shall not exceed the as -built amount of
$597,377.75 (Five hundred and ninety-seven thousand three hundred seventy-seven
dollars and seventy-five cents), payable as set forth hereinabove."
Attachment 1
(4) All terms and conditions of the Agreement not amended herein remain in
full force and effect.
IN WITNESS WHEREOF, the County and the Developer have caused this First
Amendment to be signed by their respective duly authorized officers as of the day and
year first stated above.
Developer: WOODSIDE TUSCANY, LLC,
a Florida limiteA liability company
By--
Wi
Witness_ _
Printed nam
Witness
Printed Warne:__ ..i. E
INDIAN RIVER COUNTY BOARD OF.
COUNTY COMMISSIONERS
QV00ow! . _ iAj
Attest: J
Z
ndra L. Bgwden, Chairn
._p
K. BartorY;,Earie .. .
•, i:4 yM.e
ian
oma,
[seal]
Approved:
4POdopph A. Baird, County Administrator
Approved as to form and legal
Marian E. Fell
Senior Assistant County Attorney
701
10:45
WOODSIDE HOMES
P.01
WOODSIDE HOMES/OA
SOUTHEAST FLORIDA
March 12, 2008
Indian River County Utilities
Gordon Sparks, P.E. Environmental Engineer
1801 27�h Street
Vero Reach, FL 32960
Indian River County Utilities
Michael Hotchkiss, P.E., Capital Projects Manager
180.1 2 7th Street
Vero Beach, FL 32960
2541 MerroCentre Blvd, Suite 1
West Fahn Beach • Florida • 33407
(561) 6882020 a fax (561) 688.0909
www.woodsideflon'da_com
RE: Tuscany Lakes - Developer's Agreement offsite Utility Project
Deer Mr. Sparks and Mr. Hotchkiss:
Pl(,rr)se be advised that we have completed the offsite utility
the attached
date 1/3/2006 and later modified by the first amendment o this agreement. At ect as outlined(this time I would ask tha t
the Initial payment of $119,475.55, which represents 1/5 of the total amended amount Indian River County
would be responsible for, be processed to reimburse Woodside Homes for this work,
I am happy to provide additional Information if requested. I can be reached directly at 561-7194410 (cell)
or email at billh@woodside-homes.com,
Iliank you for your prompt attention to this request,
Very truly fours,
Homes ofSoutbeast Alorfda, LLC
Bill Ha�� Aer
1 11l-Oti114`
OV "L' 0121J�Je requ:rpaymendv1,000
A.cv. Uetc , lJ , �D6
wwvw.woodsidefloridaxom
Attachment 2