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HomeMy WebLinkAbout2003-041 . Ile 44A 02 7. ag MODIFICATION TO CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS NO . PD -01 -02 -04 -CFC (2000110011 -29265) THIS MODIFICATION , made and entered into this day of ( d . , , 2003 , by and between GHA Harbor Pointe , Inc . , GHA Harbor Links , Inc . , GHA Marina Village , Inc . , GHA Marina Village Tower I , Inc . , GHA Marina Village Tower Il , Inc . , Grand Harbor Dockmaster, Inc . , all Florida corporations and GHA Harbor, 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 -02-04 -CFC (2000110011 -29265 ) guaranteeing the completion of certain required improvements on or before January 30 , 2003 ; and WHEREAS , certain of the required improvements are not completed as outlined in Exhibit "A" attached hereto , and WHEREAS , the Indian River County Code requires the developer to construct required improvements , other than sidewalks , within one year from the date of final plat approval ; and WHEREAS , the final plat for Marina Village Site " B " — Grand Harbor Plat 25 was approved by the Board of County Commissioners of Indian River County on July 23 , 2002 ; and WHEREAS , Developer wishes to extend the contract date in which to complete the remaining required improvements to July 22 , 2003 which is within the 1 -year code requirement ; and WHEREAS , the security in place cover the remaining improvements to be constructed is cash , supported by a Cash Deposit and Escrow Agreement , NOW, THEREFORE , IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES HEREIN CONTAINED , the parties agree as follows : 1 . The date for completion of the remaining required improvements as outlined in the Contract for Construction of Required Improvements No . PD -01 - 02 -04 -CFC (2000110011 -29265) is extended to July 22 , 2003 . 2 . The existing $ 90 , 839 . 32 cash held in escrow and supported by a Cash Deposit and Escrow Agreement , representing 115 % of the remaining required improvements to be completed , will remain in place . 3 . All other terms set out in the Contract for Construction of Required Improvements No . PD =01 -02 -04 -CFC (2000110011 =29265 ) 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 . GHA HARBOR POINTE , INC . GHA HARBOR LINKS , INC . DEVELOPER DEVELOPER By r By P Peter J . Henn , President Peter J . Henn , President GHA MARINA VILLAGE , INC . GHA MARINA VILLAGE TOWER I , INC . DEVELOPER DEVELOPER B r By Peter J . Henn , President Peter J . Henn , President GHA MARINA VILLAGE TOWER GRAND HARBOR DOCKMASTER, II , INC . INC . FDEVELOPER . r 11 DEVELOPER By By Peter J . Henn , President Peter J . Henn , President GHA HARBOR, LTD . DEVELOPER By GHA DEVELOPMENT , INC . , General Partner BrY Peter J . Henn , President Office o agement a get Date : t By . Jason . Br wn , Budget Manager 2 INDIAN RIV R COUNTY , FLORIDA By: net R .Wlht . Chairman Board of County Commissioners ATTEST_;_Jeffrey K . Barto rk � BCC Approved : February 18 , 2003 Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY : v a � ail William G . Collins II Deputy County Attorney 3 EXHIBIT "A " PRE LEMENARY COST ESTIMATE for uncompleted work within the limits of the plat for "Harbor Villages Phase V I Marina Village Site " B " at Grand Harbor, a Planned Residential Development" to supporta Contract for Completion of Improvements Description of Items 1 . Roadway asphalt (3/4 inches thick 6570 sy @ $ 3 . 75Isy $242637. 50 21 Street Lights 5 each @ $ 1500 $ 7, 500 . 00 3 , Landscaping/Sod 2 Islands .@ @ $ 3 ,000 ea. $ 6, 000 . 00 , 4 . Sidewalk 24255F elf : L'2. 5 . Curb @ $2 ' 25 $ 5 ,456 . 25 160 LF @ $7. 00 $ 1120 . 00 6 . Concrete Ramps ,: 1040SF @ $ 17 . 40 $ 18 , 096 . 00 T Dumpster Pad 2 each @ $ 3750 . 00 $ 7, 500 . 00 8 . Striping (On 2nd Lift of Asphalt) IDS @ $ 1500 . 00 $ 1 , 500 . 00 Total : $ 71 , 809 . 75 Engineering and Surveying ( 10%) $.Z1 80 . 96 $ 78 , 990 . 71 Bond required ( 15 %) . $ 11 . 848 . 61 Performance Bond Total $ 90, 839 . 32 2002 Stephen E. Moler, P .E. , FL #33193 MASTELLER & MOLER, INC . 1