HomeMy WebLinkAbout2004-023 Jan 22 04 10 : 45a Indian River County 772 - 770 - 5095 02 3 - Q P , 2
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Citrus Springs Village " C " ( Phase 1 )
MODIFICATION TO
CONTRACT FOR CONSTRUCTION OF REQUIRED SIDEWALK
IMPROVEMENTS
NO . PD -01 =02 -08 -CFCSIDE -C1 (99100114=27447)
THIS MODIFICATION , made and entered into this -Z a, 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 -C1 (99100114=
27447) 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 " C " P . D . was
approved by the Board of County Commissioners of Indian River County on
March 5 , 2002 ; and
WHEREAS , Developer wishes to extend the contract date in which to
complete the remaining required sidewalk improvements in Phase 1 to October
28 , 2004 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 :
moil
cc u &t iu : 'tba 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 -C2 (99100114-27447) is extended to
October 28 , 2004 ,
2 . The existing Performance Bond No . MB4208 of Contractors
Bonding and Insurance Company in the amount of $36 , 839 . 10 amending by a
Change Rider dated January 9 , 2004 , extending the bond expiration date to
January 28 , 2005 and reducing the amount to $ 271182 . 10 which amount
representing 115 % of the remaining required Phase 2 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-C2 (99100114-27447)
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 ,
ral Partner
By:
Myra Haley, President
INDIAN RIVER COUNTY, FLORIDA
by and through Its Board of County
Commissioners
By: 00 `
Caroline D . inn , airman
ATTES J . K . Barton , Cf Court BCC Approved : February 3 , 2004
By:
Deputy Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By:
William G . Collins II
County Attorney
2
F:1Attomey\Nancy%DOCS\PLAN\MODIFICATO K for side con citrus c 2.doc
Received Time Janm22 . 10 : 45AM
Jan 22 04 10 : 46a Indian River County 772 - 770 - 5095 p . 4
j Citrus Springs Village " C" `
1/ (Phase 2)
rig ' t
MODIFICATION TO
CONTRACT FOR CONSTRUCTION OF REQUIRED SIDEWALK
IMPROVEMENTS
NO . PD -01 -02 -08 -CFCSIDE -C2 (99100114-27447)
1 THIS MODIFICATION , made and entered into this a day of
J 20041 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 =01w02 -08 -CFCSIDE -C2 ( 99100114 =
27447 ) 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 " C " P . D . was
approved by the Board of County Commissioners of Indian River County on
March 5 , 2002 ; and
WHEREAS , Developer wishes to extend the contract date in which to
complete the remaining required sidewalk improvements in Phase 2 to October
28 , 2004 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 Jan • 22 . 10 : 45AM
Jan 22 04 10 : 46a Indian River County 77 - 770 - 5095 P . 3
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 -C1 (99100114 -27447) is extended to
October 28 , 2004 .
2 . The existing Performance Bond No . MB4206 of Contractors
Bonding and Insurance Company in the amount of $ 38 , 564 . 79 amending 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 which amount
representing 115 % of the remaining required Phase 1 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 -C1 (99100114-27447)
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 ,
en ral Partner
By:
ra Kjlaley, President
INDIAN RIVER COUNTY, FLORIDA
by and through its Board of County
Commissioners
By.
Caroline D . Ginn , Chai an
BCC Approved : February 3 , 2004
A J . K . Barton ,( er f Court
Deputy Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
i /
By;
William G . Collins II
County Attorney
2
Q\Documents and Settings\nancym\My Documents\MODTICATO K for side con citrus c ? d,