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HomeMy WebLinkAbout2008-323A`z Isles at Waterway Village PD - Plat 1 B C_ MODIFICATION TO CONTRACT FOR CONSTRUCTION OF REQUIRED SIDEWALK IMPROVEMENTS N0. PD=05-04-08(B)SIDE (2004010124-53690) 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(13)SIDE (2004010124=53690) 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(13)SIDE (2004010124=53690) is extended to July 18, 2010. 2' The e' SunTrust Bank Irrevocable Letter of Credit No. P003437 has, been a t4 44end ®�cpira#lort date to October 18, 2010 cft "' 6300nded date to 00M, late the sidewalks). I Atl other t"AWout In the COntr*0 f0r Construction of Required Sidewalk knPrOVOM&M NO MX16m04MOS(B)S1DE (2004010124-53690) remain IN WiTNERS "*RE*! the Parties hemve ha$et their hands and els ,W to ftY Ond YW #W SbWe written. Sighted in the pt` of ATTEST: J. K Barton, Clerk of Court DIVOSTA HOMES, Il a Delaware Itmlted partnership DEVELOPER By DIVOSTA HOMES HOLDINGS, LLC, a Delawaro limited liability companyt General Partner Byll INDIAN RIVER COUNTY, FLORIDA by and through its Board of County COmrnlsslonem Plat appr`4v d �Ju=y 1812000 jig WJLL;�j L� ilk CI t _ S STOO , LETTER OF dRtDIT NUMBER P003437 AMENDMENT DATE: SEPTEMBER 24, 2008 ; APPLICANT: DIVOSTA HOMES, L.P. 4901 VINELAND ROAD, 500 ORLANDO, FL 32811 BENEFICIARY: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS 1801,27TH STREET VERO BEACH, FL 32960 THIS AMENDMENT.IS,TO BE.CONSIDERED AS PART OF THE ABOVE MENTIONED CREDIT AND.MiT$T BE,ATTAtHED THERETO. AMENDMENT NO. 001 APPLICANT ADDRESS NOW READS A13 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 TO: SUNTRUST INTERNATIONAL DIVISION ATTN: LETTER OF CREDIT DEPARTMENT 25 PARK PLACE, 16TH FLOOR, MC 3707 ATLANTA, GEORGIA 30303 PHONE: 800-9517?847. SELECT OPTION 3, THEN OPTION 1 FAX: 404-566`"81$9 SINCERELY, SUN ST BANK �, AUTARIZED SIGNATURE 105