HomeMy WebLinkAbout2003-135 c� Citrus Springs Village " B" P . D. (Phase 1 ) e
ICY
MODIFICATION TO d J `
CONTRACT FOR CONSTRUCTION OF REQUIRED SIDEWALK
IMPROVEMENTS
NO . PD =00 =08 - 13 -CFCSIDE -B1 (99100114 -25841 )
THIS MODIFICATION , made and entered into this 2 day of
June , 2003 , 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 =00 =08 -13 -CFCSIDE -B1 (99100114-
25841 ) guaranteeing the completion of certain required sidewalk improvements
on or before May 14 , 2003 ; 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 ; and
WHEREAS , the final plat for Citrus Springs Village " B " 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 March 4 ,
2004 which is within the 2-year code requirement ; 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 :
1 . The date for completion of the remaining required sidewalk
improvements as outlined in the Contract for Construction of Required Sidewalk
Improvements No . PD -00 =08 -13 -CFCSIDE -B1 (99100114=25841 ) is extended to
March 4 , 2004 .
2 . The existing Performance Bond No . MB4206 of Contractors
Bonding and Insurance Company in the amount of $ 38 , 564 . 79 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 -00 -08 = 13 -CFCSIDE -B2 (99100114-25841 )
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 ,
General Partner
By: l
49,11fi D . Haley, Presiders
INDIAN RIVER COUNTY, FLORIDA
by and through its Board of County
Commissi ers
By:
enneth R . Macht, Chairman
BCC Approved : June 10 , 2003
A ' J . K . Barton , rk o Court
B •
v �
Deputy Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By: � Gc�
William G . Collins II
County Attorney
2
F:Wttomey\Nancy\DOCS\PLAN\MODIFICATO K for side con citrus b I .doc
Citrus Springs village " B" P. D . (Phase 2)
R
MODIFICATION TO
CONTRACT FOR CONSTRUCTION OF REQUIRED SIDEWALK
IMPROVEMENTS
NO . PD -00 =08 - 13 -CFCSIDE -B2 (9910011445841 )
THIS MODIFICATION , made and entered into this 2 day of
June , 2003 , 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 =00 -08 -13 -CFCSIDE -B2 (99100114-
25841 ) guaranteeing the completion of certain required sidewalk improvements
on or before May 14 , 2003 ; 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 ; and
WHEREAS , the final plat for Citrus Springs Village " B " 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 March 4 ,
2004 which is within the 2 -year code requirement ; 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 :
1 . The date for completion of the remaining required sidewalk
improvements as outlined in the Contract for Construction of Required Sidewalk
Improvements No . PD =00 =08 -13 -CFCSIDE -B2 (99100114=25841 ) is extended to
March 4 , 2004 .
2 . The existing Performance Bond No . MB4205 of Contractors
Bonding and Insurance Company in the amount of $299997 . 75 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 -00 -08 = 13 =CFCSIDE -B1 (99100114=25841 )
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 ,
General Partner
By:
v
Join D . Haley, Presi ent
INDIAN RIVER COUNTY, FLORIDA
by and through its Board of County
Commissioners
By:
l enneth R . Macht , Chairma
BCC Approved : June 10 , 2003
A : J . K. Barto k of Court
B ,
Deputy Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By: �( w" I
William G . Collins II
County Attorney
2
F:\Attomey\Nancy\DOCS\PLAN\MODIFICATO K for side con citrus b Il .doc