HomeMy WebLinkAbout2006-229 Falcon Trace Plat Two
MODIFICATION TO
CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS
NO . SD -03 -07 -18CFC/PL2 (2001050202 -46468)
THIS MODIFICATION , made and entered into this 2nth day of
,Tune , 2006 , by and between Indian River Associates ll , LLLP , a
Florida limited liability 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 . SD-03-07- 18-CFC/PL2 (2001050202-46468 )
guaranteeing the completion of certain required improvements by July 12 , 2006 ,
and posted Bank of America , N .A. Irrevocable Standby Letter of Credit in the
original amount of $2 , 039 , 967 . 00 as security for the completion of those required
improvements ; and
WHEREAS , the required improvements are not all completed ; and
WHEREAS , the Developer wishes to extend the contract date in which to
complete the remaining required improvements to September 12 , 2006 ; and
WHEREAS , Indian River County Code Section 913 . 10( 1 )( B ) allows up to
one year from date of final plat approval for the required improvements to be
completed ; and
WHEREAS , the final plat for Falcon Trace Plat Two was approved by the
Board of County Commissioners of Indian River County on July 12 , 2005 ; and
WHEREAS, Indian River County Code Section 913 . 10( 1 )( E ) states that
for good cause shown , the Board of County Commissioners may in its discretion
grant one or more extensions of time for performance of any contract for
required improvements , provided the surety supporting such contract remains
valid for 90 days beyond the extended completion date ; and
NOW, THEREFORE , IN CONSIDERATION OF THE MUTUAL
COVENANTS AND PROMISES HEREIN CONTAINED , the parties agree as
follows :
l -
I
1 . The date for completion of the required improvements as outlined
in the Contract for Construction of Required Improvements No . SD-03-07- 18-
CFC/PL2 (2001050202-46468 ) is extended to September 12 , 2006 .
2 . The existing Bank of America , N . A . Irrevocable Standby Letter of
Credit be amended to extend the expiration date to December 12 , 2006 .
3 . All other terms set out in the Contract for Construction of Required
Improvements No. SD-03-07- 18-CFC/PL2 (2001050202-46468 ) 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 .
INDIAN RIVER ASSOCIATES II , LLLP ,
a Florida limited liability limited
partnership
By : INDIAN RIVER II CORPORATION ,
a Florida. corporation
GENER LPARTNER
By:
N . ria dez
Vice President
INDIAN RIVER COUNTY, FLORIDA
by and through its Board of County
Commissioners
B
Arthur R . Neu e er, hair
approved : Tune '2n , 200E
ATTEST : J . K. Barton , Clerk of Court
By: l'/ ljei k . ;
Deputy Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
�
By: t I
William G . Coss II
County Attorney
2
F:\Attorney\Nancy\DOCS\PLAN\MODIFICATON K falcon tract 2.doc
1 Falcon Trace Plat Four Z O
MODIFICATION TO
CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS
NO . SD -03 -07-18CFC/PL4 (2001050202 -46470 )
THIS MODIFICATION , made and entered into this ? nth day of
aurae , 2006 , by and between Indian River Associates Il , LLLP , a
Florida limited liability 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. SD-03-07- 18-CFC/PL4 (2001050202-46470 )
guaranteeing the completion of certain required improvements by July 12 , 20063
and posted Bank of America , N . A . Irrevocable Standby Letter of Credit in the
original amount of $ 1 , 788 , 100 . 28 as security for the completion of those required
improvements ; and
WHEREAS , the required improvements are not all completed ; and
WHEREAS , the Developer wishes to extend the contract date in which to
complete the remaining required improvements to September 12 , 2006 ; and
WHEREAS , Indian River County Code Section 913 . 10 ( 1 )( 6 ) allows up to
one year from date of final plat approval for the required improvements to be
completed ; and
WHEREAS , the final plat for Falcon Trace Plat Four was approved by the
Board of County Commissioners of Indian River County on July 12 , 2005 ; and
WHEREAS , Indian River County Code Section 913 . 10 ( 1 ) ( E ) states that
for good cause shown , the Board of County Commissioners may in its discretion
grant one or more extensions of time for performance of any contract for
required improvements , provided the surety supporting such contract remains
valid for 90 days beyond the extended completion date ; and
NOW, THEREFORE , IN CONSIDERATION OF THE MUTUAL
COVENANTS AND PROMISES HEREIN CONTAINED , the parties agree as
follows :
Q
1 . The date for completion of the required improvements as outlined
in the Contract for Construction of Required Improvements No . SD-03-07- 18-
CFC/ PL4 (2001050202-46470 ) is extended to September 12 , 2006 .
2 . The existing Bank of America , N .A. Irrevocable Standby Letter of
Credit be amended to extend the expiration date to December 12 , 2006 .
3 . All other terms set out in the Contract for Construction of Required
Improvements No. SD-03-07- 18-CFC/PL4 (2001050202 -46470 ) 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 .
INDIAN RIVER ASSOCIATES II , LLLP ,
a Florida limited liability limited
partnership
By: INDIAN RIVER II CORPORATION ,
a Florida corporation
�� GENERALPARTNER
By: � 4a , / eke-rj
N Maria nendez
Vic -Pfesident
INDIAN RIVER COUNTY, FLORIDA
by and through its Board of County
Commissioners
By:
Arthur R. Neuberger, Chairman
approved : June 20 , 2006
ATTEST: J . K. Barton , Clerk of Court
By:
Deputy Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By
Wi lam G . ling-ll
County Attorney
2
F:VAttorney\Nancy\DOCS\PLAN\MODIFICATON K falcon trace 4.doc