HomeMy WebLinkAbout2004-031 Feed i U4tK41unty 772 - 77014
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SECOND MODIFICATION TO
CONTRACT FOR CONSTRUCTION OF REQUIRED SIDEWALK
PROVEMENTS
NO ., PD -00 -08-13�C CS E $2 (9910011425841 )
�.THIS MODIFICATION , made and entered into this l 1*L
aolplda general
, 2004 , by and between The Suntree Partners a —� day of
p nership , hereinafter referred to as "Developer", and NIDIAN 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, the final plat for Citrus Springs Village `•a " P. D , was
approved by the Board of County Commissioners of Indian River County on
March 5, 2002 ; and
WHEREAS , Developer entered into a Contract for Construction of
Required Sidewalk Improvements No. P0 -00 -08 -13 -CFCSIDE432 (9910131141
25841 ) guaranteeing the completion of certain required sidewalk improvements ;
and
WHEREAS , on June 10 , 2003 , the Board of County Commissioners
approved a modification to said Contract for Construction of Required Sidewalk
Improvements , extending the completiun date to March 4 , 2004 ; and
WHEREAS, certain of the required sidewalk improvements are not
completed, 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 further extend for additional 2-year periods , with
the approval of the Public Works Director and Community Development Director;
and
WHEREAS , Developer wishes to extend the contract date in which to
complete the remaining required sidewalk improvements in Phase 82 to October
28 . 2004 , which is within the time allowed by code ; 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,
Received Tune Feb ' 10 • il : 48AM
F4Feb - 10 2 904 , HE AN I Rft I KJ3unty 772 - 770 - � : C
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NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL
COVENANTS AND PROMISES HEREIN CONTAINED , the parties agree as
follows:
f • The date for completion of the remaining required sidewalk
Improvements as outlined in the Modification to Contract for Construction of
Required Sidewalk Improvements No. PD-00-08.13 -CFCSIDE432
25841 ) Is extended to October 28, 2004 . (" 100114=
2 . The existing Performance Bond No . MS4206 of Contractors
Bonding and Insurance Company in the amount of $380564 . 79 amending by a
Change Rlder dated January 27 , 20049 extending the bond expiration date to
January 28 , 2005 and reducing the amount to $ 79712 . 96 is adequate and Is to
remain in place .
3 . All other terms set out in the Contract for Constn)ction of Required
Sidewalk Improvements No. P0404843mCKSIDE-B2 (9910011445841 ) and
Modification 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 ,
GO 1 Partner
8y:
Myra . Haley, President
INDIAN RIVER COUNTY, FLORIDA
by and through its Board of County
Commissioners
By:
ATT ' J . K. Barton, CourtCQCaroline D. Ginn , Can
By. BCC approved : 02 - 17 - 2004
Deputy Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
' " ' 1
BY: fv y
William G . C'ul lips 11
County Attorney
2
F:1a[bmey%n8ncylC)0Cb%PLAN%Zd MODIF(:ATO K for side cat citrus b q doc
Received Time Feb - 10 . 11 : 48AM