HomeMy WebLinkAbout2006-380 J� Pointe West South Village, Phase I P.D. 11 / 7 / D (,
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MODIFICATION TO
CONTRACT FOR CONSTRUCTION OF REQUIRED SIDEWALK
IMPROVEMENTS
NO. PD-04-04-06-CFCSIDE (99070081 )
THIS MODIFICATION , made and entered into this 7th day of
Novembar , 20067 by and between Pointe West of Vero Beach, Ltd . , a
Florida limited 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-04-04-06-CFCSIDE (99070081 )
guaranteeing the completion of certain required sidewalk improvements and
posted as security to guarantee completion , a Wachovia Bank Irrevocable
Standby Letter of Credit Number SM217549 in the amount of $ 105 , 184 .98 ,
expiring on November 12 , 2006 ; and
WHEREAS , a portion of sidewalk improvements has been completed ; and
WHEREAS , the developer has :
1 . requested an additional two-year extension to August 17 , 2008 to
complete the remaining required sidewalk improvements , as
allowed by code;
2 . requested a reduction in the amount of security necessary to
complete the remaining sidewalks to $25 , 576 . 50 ; and
3 . provided an updated certified cost estimate attached as Exhibit "A" ;
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 sidewalk improvements as
outlined in the Contract for Construction of Required Sidewalk Improvements No .
PD-04-04-06-CFCSIDE (99070081 ) is extended to August 17 , 2008 .
2 . An amendment to the existing Wachovia Bank Irrevocable Standby
Letter of Credit No . SM217549W extending the expiration date to November 17 ,
2008 and reducing the amount to $25 , 576 . 50 , which represents 125% of the
remaining sidewalk improvements to be completed as evidenced by developer's
engineer' s certified cost estimate as approved by County engineering and
attached as Exhibit "A", is acceptable . The amendment , however, must be
received no later than 2 : 00 p . m . on Tuesday, November 7 , 2006 by the County
Attorney's Office otherwise this Modification is null and void .
3 . All other terms set out in the Contract for Construction of Required
Sidewalk Improvements No . PD-04-04-06-CFCSIDE (99070081 ) 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 .
POINTE WEST OF VERO BEACH ,
LTD. , a Florida limited partnership
By POINTE WEST OF VERO BEACH ,
INC., General Partner
Signed ' pr of:
Sign :
Print: (, L By:
Charles Mechling , President
i�
Sign : Qiy AA Q �-VI DEVELOPE
INDIAN RIVER COUNTY, FLORIDA
by and through its Board of County
Commissioners
By:
Arthur R . Neube ger, Chair
BCC approved : November 7 , 2006
ATTEST : J . K . Barton , Clerk of Court
APPROVED AS FORM
By: ANOD LE�iAI. SUFFICIENCY
Deputy Clerk !Y _�zo�
ogrw
WILLIAM p. COLLINS III
COUNTY ATTORNEY
2
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INDIAN RIVER COUNTY
MEMORANDUM
DATE : October 26 , 2006
TO : William G . Collins, II , County Attorney
THROUGH : Christopher J . Kafer, Jr. , P . E . , County Enginedc/
FROM : William B . Eubank , Jr. , Senior Engineering Inspector
REFERENCE : Pointe West South Village Phase I Sidewalk Bond
SUBJECT: L . D . P . No . 99070081 -39273 / PD-04-04-06
The enclosed revised engineer' s certified cost estimate and quantities dated
October 25 , 2006 have been reviewed for bonding of interior sidewalks , and are
found to be satisfactory. New bond amount is $25 , 576 . 50 ( 125% of $20,461 .20) .
Please note that this approval is for sidewalks only not landscaping .
If you have any questions please call me at extension 1451
WBE/wbe
cc: Jason E . Brown , Budget Manager
D. E . Howard , Jr. , Manager Construction Coordination
Mark Zans , Senior Planner/GIS
Stephen W. Boehning , P . E . , Neel- Schaffer, Inc.
File
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Page 1 of 3
F:1Engineenng\Land Development PermitslPointe WestlPointe West South Village\Pointe West South Village Sidewalk
Bond-Will Collins-cik wbe 10-26-06.doc
POINTE ,J0 WEST
A Traditional Community Vero Beach, Florida
October 24, 2006 (� (�
Chris Kafer, PE ' t 1 ! `^ OC�
County Engineer OCT 2 5 2006
Indian River County
184025 th Street INDIAN RIVER COUNTY
Vero Beach, Florida 32960 ENGFNEERING DIVISION
RE: Pointe West South Village Phase I
Contract No. PD-04-04-06-CFCSIDE (9907008 1 )
LDP No. 99070081 -39273 / PD-04-04-06
Dear Chris:
Enclosed is a certified cost estimate for the completion of the sidewalks in Phase I of the
South Village. Based on a email received from Bill Eubank on October 13, the figures are
approve by the Public Works Department. We would propose to provide a new LOC for
the revised amount of $25,576. 50.
If you should have any questions or need any additional information in this regard please
contact our office.
DSine
p Dcori, PSM
CC : Stephen W. Boehning, PE
Nancy Mossali
Enclosures :
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Page 2 of 3
1999 Pointe West Drive Vero Beach, FL 32966 772-794 -9912 772 -794-9916 Fax www. PointeWestFlorida. com
EXHIBIT "A"
POINTE WEST SOUTH VILLAGE PHASE I
POINTE WEST SOUTHL VILLAGE PHASE I
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE EXTENSION COMP. $ COMP. QUANTITY SAL. TO
SIDEWALKS 10/10/2006 TO COMP. COMPLETE
S1 SIDEWALK 4' X 4" L. F. 71969 $ 20.40 $ 162,567.60, . 62968 $ 142, 106.40 1 , 003 $ 20461 .20
,
S2 SIDEWALK 4' X 5" L. F. 400 $ 25.50 $ 1020000 400 $ 12200.00
TOTAL $ 172,767.60 $
BOND AMOUNT 1y5°/, $ 152,308.40 $ 20,481 .20
$ 25,578.50
L1 PARK OAK TREES EA 35 $ 425.00 $ 14,875.00 35 $ 14, 875. 00
L2 IRRIGATION SYSTEM L.S. 1 $ 12,560.00 $ 129560. 00 1 $ 12,560. 00 $
TOTAL $ 27,435.00 $ —
BOND AMOUNT 125% $
TOTAL BOND AMOUNT 125% —
$ 25,576.50
WE HEREBY CERTIFY THE ABOVE FIGURE IS AN ACCURATE ESTIMATE OF THE REMAINING SIDEWALKS TO BE COMPLETED IN
PHASE I OF THE POINTE WEST SOUTH VILLAGE. -
STEPH B0 PE DATE:
I
Page 3 of 3
10/24/2006 SIDEWALKS
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