HomeMy WebLinkAbout2006-381 Seasons, P.D.
FOURTH MODIFICATION TO
CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS
NO . PD-01 -08 -18-CFC (99110063 -26994)
THIS FOURTH MODIFICATION , made and entered into this 7th day of
November 2006 , by and between M -R Homes , 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 Improvements No. PD-01 -08- 18-CFC (99110063-26994 )
guaranteeing the completion of certain required improvements within the plat of
Seasons , P. D . on or before February 12 , 2003 ; and
WHEREAS, the completion date for the improvements under the Contract
for Construction of Required Improvements was extended to February 12 , 2004
by Modification to Contract for Construction of Required Improvements ; and
WHEREAS , on May 4 , 2004 the Board of County Commissioners
approved a Second Modification to Contract for Construction of Required
Improvements to further extend the time to complete the remaining required
improvements ; and
WHEREAS , on August 22 , 2006 the Board of County Commissioners
ratified a Third Modification to Contract for Construction of Required
Improvements to reduce the amount of the security and to extend the completion
date of the remainder sidewalk improvements ; and
WHEREAS, the developer has submitted an updated certified cost
estimate attached as Exhibit "A" and is further requesting a 2-year extension to
complete the one remaining sidewalk for Lot 53 as allowed by code , as well as a
reduction to Bank of America Irrevocable Standby Letter of Credit Number
3063088 ; and
WHEREAS , staff has inspected the project' s sidewalks and they have
been found to be satisfactory except for the sidewalk segment not completed for
Lot 53 , and staff has also approved the updated certified cost estimate ,
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 Third Modification to Contract for Construction of Required
Improvements No . PD-01 -08- 18-CFC (99110063-26994) is extended to February
12 , 2008 .
2 . The $ 11 ,220 . 00 amount remaining under Bank of America Standby
Irrevocable Letter of Credit Number 3063088 posted for Season ' s P . D . sidewalks
is to be reduced to $2 , 295 . 00 which amount 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 , attached as Exhibit
"A" ; and the Bank of America Standby Irrevocable Letter of Credit Number
3063088 is to be extended 90 days beyond the newly extended date (May 12 ,
2008 ) .
3 . All other terms set out in the Contract for Construction of Required
Improvements No . PD-01 -08- 18-CFC (99110063-26994) 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 .
M -R HOMES , LTD . , a Florida limited
partnership
Signe n the pre a of: DEVELOPER
Sign
P646**,(d C By: M -R HOMES , INC . , a Florida
co7ona
e ePrint: f+. t'�ss BY C . alask
Vice President
APPROVED AS TO FORM INDIAN RIVER COUNTY, FLORIDA
AND LEGAL SUFFURD4V by and through its Board of County
t� � Commissioners
WILLIAM
COUNTYATTORNEY
By Q
Arthur R. Neub rger, Cha"
ATTEST : J . K. Barton , Clerk of Court
By:
�0. �N4rc Q BCC approved : November 7 , 2006
Deputy Clerk
2
F:\Attorney\Nancy\DOCS\PLAN\MODIFICATION 4th sidewalks seasons.doc
INDIAN RIVER COUNTY, FLORIDA
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MEMORANDUM
DATE : October 13 , 2006
TO : William G. Collins, II, County Attorney
THROUGH: Christopher J. Kafer, Jr.,
P.E., County Engine
FROM: William B. Eubank, Jr. , Senior Engineering Inspector
SUBJECT: Seasons Community— Interior Sidewalk Bond
REFERENCE : PD-00-05-09 / LDP #99110063 -24744
The enclosed engineer's certified cost estimate and quantities have been reviewed and are found to
be satisfactory. The total amount of the new bond is $23295. 00 ($ 1 , 836.00 x 125%)
This project 's sidewalks have again been inspected by the Engineering Division staff and found to
be satisfactory except the sidewalk has not been installed in front of lot 53 .
If you have any questions, please call me at extension 1451 .
WBE/wbe
cc: Jason Brown, Budget Manager
D. Howard, Jr., Construction Coordination Manager
Mark Zans, Senior Planner, Current Development
Peter J. Van Rens, P.E. , Kimley-Horn and Associates, Inc.
Page 1 of 3
F:TngineeringlLand Development PermitslSeasons CommunitylSeasons New Interior Sidewalk Bond Memo-Collins 10-13-06-wbe.doc
❑ � ❑ n -Horn
and
A
� and Associates, Inc.
October 6, 2006 ■
047295000 suite a tog
1201 19th Place
Vero Beach, Florida
Mr. Jim Davis 32960
Public Works Director
Indian River County
1840 25`s Street
Vero Beach, Fl 32960
(772) 567-8000 ext. 1245
RE: Seasons Community — Interior Sidewalk Bond
Request for Bond Reduction
Dear Mr. Davis:
A surety bond for sidewalk at Seasons Community on Lots 53, 82-84, 87-89 and
91 in the amount of $ 11 ,220.00 is currently on file with the County.
As of this date, sidewalk construction has been completed for all lots except Lot
53 . Enclosed is an Opinion of Probable Cost for completion of the interior
sidewalk at Lot 53 at Seasons Community. We respectfully request that the
surety bond be reduced from $ 11 ,220.00 to $2,295 .00 and the bond be extended
thru February 12, 2008 .
Please contact me at (772) 794-4073 or Kim Brady with Seasons Community
with any questions, comments or requests for additional information.
Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC .
PK4
JVs, P .E.
Cc: Kim Brady, Seasons Community
Encl: Opinion of Probable Cost
y a a 8
Page 2 of 3
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TEL 772 562 7981
FAX 772 794 9368 H:b17295000%wp�Comsp%Davis_Sidewalk Bond Reduction_100406doc.doc
� � ❑ Kimley-Horn
and Associates, Inc.
Seasons at Orchid 0/4/2006
Engineer's Opinion of Probable Costs For Construction and Engineering Job No. 047295000
Not Complete by Time of Plat Approval - Sidewalk
ITEM UNIT QUANTITY UNIT COST COST
CONSTRUCTION
Sidewalk at Lot 53 SF 360 $5. 10 $ 1 ,836.00
Subtotal
$ 1 ,836.00
GRAND TOTAL $19836.00
SECURITY (125%) $2,295.00
I , Peter J. Van Rens, a Florida registered engineer, License #55553, do hereby certify to Indian
River County that an opinion of probable cost has been prepared under my responsible direction for
those improvements itemized in this exhibit, and that the total opinion of probable cost for said
improvements is $2295.00. This opinion of probable cost has been prepared for the purpose of
establishing surety amounts associated with items not complete by the time of approval of the plat.
55553
(
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