HomeMy WebLinkAbout2005-177 ' Amelia Plantation
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MODIFICATION
MODIFICATION TO
CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS
NO . SD -03 -08 -22CFC (2000070058 -38955 )
THIS MODIFICATION , made and entered into this 24th day of
May 2005 , by and between Amelia Plantation Group , L . L . C . , a
Florida limited liability company , 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 Improvements No . SD-03 -08 -22CFC ( 2000070058 - 38955 )
guaranteeing the completion of certain required improvements , and posted
Harbor Federal Savings Bank Irrevocable Letter of Credit No . 390 in the original
amount of $ 924 , 101 . 31 as security for the completion of those required
improvements ; and
WHEREAS , said Harbor Federal Savings Bank Irrevocable Letter of
Credit No . 390 has been reduced on two separate occasions , with the total
amount remaining at $425 , 883 . 51 ; and
WHEREAS , the required improvements are not all completed ; and
WHEREAS , Indian River County Code Section 913 . 10 ( 1 ) ( B ) allows up to
one year from date of final plat approval for the required improvements to be
completed ; and
WHEREAS , the final plat for Amelia Plantation was approved by the
Board of County Commissioners of Indian River County on May 4 , 2004 ; and
WHEREAS , Indian River County Code Section 913 . 10 ( 1 ) ( E ) states that
for good cause shown , the Board of County Commissioners may in its discretion
grant one or more extensions of time for performance of any contract - for
required improvements , provided the surety supporting such contract remains
valid for 90 days beyond the extended completion date ; and
WHEREAS , the Developer wishes to extend the contract date in which to
complete the remaining required improvements to August 24 , 2005 .
NOW , THEREFORE , IN CONSIDERATION OF THE MUTUAL
COVENANTS AND PROMISES HEREIN CONTAINED , the parties agree as
follows :
1 . The date for completion of the required improvements as outlined
in the Contract for Construction of Required Improvements No . SD-03 -08 -22CFC
(2000070058- 38955 ) is extended to August 24 , 2005 ,
2 . The existing Harbor Federal Savings Bank Irrevocable Letter of
Credit No . 390 in the amount of $425 , 883 . 51 be amended to extend the
expiration date to November 24 , 2005 ,
3 . All other terms set out in the Contract for Construction of Required
Improvements No . SD -03 -08 -22CFC (2000070058-38955 ) 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 .
AMELIA PLANTATION GROUP , L . L . C . ,
a Florida limite liability company
By :
Mark A. Brackett, Manager
INDIAN RIVER COUNTY, FLORIDA
by and through its Board of County
Commissioners
By: .�
Thomas S . Lowther, Chairman
ATTEST : J . K . Barton , Clerk of Court BCC approved : May 24 , 2005
By �`�--:�.E,�.
Deputy Clerk 1
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY :
By:
William 0 . Collis II
County Attorney
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RESOLUTION NO , 2005w 081
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, DECLARING DEFAULT BY AMELIA
PLANTATION GROUP , L . L . C . INC . IN ITS
OBLIGATION TO COMPLETE REQUIRED
IMPROVEMENTS TO AMELIA PLANTATION , AND
AUTHORIZING STAFF TO MAKE SIGHT DRAFT
AGAINST HARBOR FEDERAL SAVINGS BANK
IRREVOCABLE LETTER OF CREDIT NO . 390
DATED JUNE 1 , 2004, AS AMENDED.
WHEREAS , on April 27 , 2004 Amelia Plantation Group , L . L . C . , a Florida
limited liability company entered into a Contract for Construction of Required
Improvements No . SD-03-08m= FC (2000070058-38955 ) , relating to Amelia
Plantation ; and
WHEREAS , that agreement required all subdivision improvements to be
constructed on or before February 28 , 2005 ; and
WHEREAS , that agreement to construct required subdivision
improvements has not been complied with ; and
WHEREAS , in order to guarantee performance of the contract, the
developer provided Harbor Federal Savings Bank Irrevocable Letter of Credit No .
390 dated June 1 , 2004 in the amount of
$ 924 , 101 . 31 , as amended in August , 2004 and again in January, 2005 , with the
remaining amount being $425 , 883 . 51 .
NOW, THEREFORE , BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA:
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RESOLUTION NO . 2005 = 081
1 . That Amelia Plantation Group , L . L . C . has defaulted under the
terms of the aforementioned Contract for Construction of Required
Improvements .
2 . The amount of the draft represents the amount required by the
County to fulfill the performance of said Contract for Construction of Required
Improvements ,
3 . Office of Management and Budget is directed to present this
Resolution together with a sight draft marked " DRAWN ON IRREVOCABLE
LETTER OF CREDIT NO , 390 OF HARBOR FEDERAL SAVINGS BANK" to the
office of Harbor Federal Savings Bank , 100 South Second Street , Fort Pierce , FL
34950 , on or before June 1 , 2005 .
The resolution was moved for adoption by Commissioner Neuberger and
the motion was seconded by Commissioner Wheeler , and , upon being put to
a vote , the vote was as follows :
Chairman Thomas S . Lowther Ave
Vice Chairman Arthur R . Neuberger Aye
Commissioner Wesley S . Davis Aye
Commissioner Gary C . Wheeler Aye
Commissioner Sandra L . Bowden Aye
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FAAttorney\Nancy\DOCS\RES\Reso calling amelia plantation .doc
RESOLUTION NO , 2005 - 081
The Chairman thereupon declared the resolution duly passed and
adopted this 24th day of May, 2005 .
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Bye
Thomas S . Lowther, Chairman
ATTEST : Jeffrey K . Barton , Clerk
yAJ"
Deputy Clerk
APPRMEO,AB TO *ORM
AND L,EQ(?A�LBUFF ! �
WILLIAM Q. COLUNB B
COUNTY A770RN"
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FAAttomey%ancy\DOCS\RES\Reso calling amelia plantation .doc