HomeMy WebLinkAbout2008-323B' Isies at Waterway village PD — Plat to
MODIFICATION TO
CONTRACT FOR CONSTRUCTION OF REQUIRED SIDEWALK
IMPROVEMENTS
NO. PD=05-04-08(A)SIDE (2004010124-53689)
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THIS MODIFICATION, made and entered into this 7th day of October,
2008, by and between DIVosta Homes, L.P., a Delaware 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-05-04=08(A)SIDE (2004010124-53689)
guaranteeing the completion of certain required sidewalk improvements on or
before July 18, 2008 and posted a SunTrust Bank letter of credit as security to
guarantee completion, and
WHEREAS, a portion of sidewalk improvements has been completed, and
WHEREAS, the developer has
(X) requested an additional two-year extension to July 18, 2010 to
complete the remaining required sidewalk improvements,
() requested a substitution of security
() requested a reduction in the amount of security necessary to
complete the remaining sidewalks, and
() 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-05-04=08(A)SIDE (2004010124-53689) is extended to July 18, 2010.
2. The $124,331.63 SunTrust Bank Irrevocable Letter of Credit No.
P003440 has been amended to extend the expiration date to October 18, 2010
(which is 90 days beyond the newly extended date to complete the sidewalks).
3. All other terms set out in the Contract for Construction of Required
Sidewalk Improvements No. PD=05-04-08(A)SIDE (2004010124-53689) remain
., full rnree and Safieet
V. VY Y..Y V.�GGa•
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals on the day and year first above written.
E
Signed in the presence of:
Sign
Print
A A
ATTEST: J. K. Barton, Clerk of Court
Deputy Clerk
DIVOSTA HOMES, L.P., a Delaware
limited partnership
DEVELOPER
By DIVOSTA HOMES HOLDINGS, LLC,
a Delaware limited liability
company, General Partner
By:
Prin ed name:
Title:
INDIAN RIVER COUNT"tr, FLORIDA
by and through its ftard of County `
Commissioners =:
j"A 6H
oj&4AJ'
amara L. Bowden, Chairman
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY c
WILLIAM G. COLi.iNS N
COUNTY ATTORNEY
2
F:WitorneyWancy%DOCSIPLANIwaterway 1A sidewalk modification.doc
Plat approved: July 18, 2006
LETTER OF CREDIT NUMBER P003440
AMENDMENT DATE% SEPTEMBER 240 2008
XYFU�ICANTm
DIVOSTA HOMES, L.P.
4901 VINELAND ROAD, 500
ORLANDO, FL 32811
BENEFICIARY*
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
1841 :2.7.T.H STREET
'VERO' BEACH, FL 32960
THIS AMENDMENT IS TO BE CONSIDERED AS PART OF THE ABOVE MENTIONED
CREDIT AND MUST BE ATTACHED THERETO.
AMENDMENT N0. 001
APPLICANT ADDRESS NOW READS AS ABOVE.
BENEFICIARY ADDRESS NOW READS AS ABOVE.
EXPIRATION DATE NOW READS OCTOBER 18, 2010.
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.
PLEASE DIRECT ALL INQUIRIES TOO
SUNTRUST INTERNATIONAL DIVISION
ATTNs LETTER OF CREDIT DEPARTMENT
25 PARK PLACE, 16TH FLOOR, MC 3707
ATLANTA, GEORGIA 30303
ECT OPTION 3, THEN OPTION 1
PHONE* 800-951-7847. SEL
FAX* 404-588-812.9
SINCERELY,
BANK
SUNT US
AUT IZED SIGNA URE
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