HomeMy WebLinkAbout2006-230 Falcon Trace Plat Five
MODIFICATION TO
CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS
NO . SD -03 -07 -18CFC/PLS (2001050202 -46471 )
THIS MODIFICATION , made and entered into this 20th day of June ,
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 , the final plat for Falcon Trace Plat Five was approved by the
Board of County Commissioners of Indian River County on July 12 , 2005 ; and
WHEREAS , Developer entered into a Contract for Construction of
Required Improvements No . SD-03-07- 18-CFC/PL5 (2001050202-46471 )
guaranteeing the completion of certain required improvements by July 12 , 2006 ;
and
WHEREAS , the plat has not yet been recorded because no security
guaranteeing completion of the improvement is in place ; 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 January 12 , 2007 ; 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 , 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 :
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/PL5 (2001050202-46471 ) is extended to January 12 , 2007 .
2 . The security (a Bank of America , N .A. Irrevocable Standby Letter of
Credit) will need to be in place by July 12 , 2006 and prior to recordation of the
plat and will require an expiration date of April 12, 2007 .
3 . All other terms set out in the Contract for Construction of Required
Improvements No. SD-03-07- 18-CFC/PL5 (2001050202-46471 ) 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
GF_ NERALPARTNER
BY
N . aria z
Vice President
INDIAN RIVER COUNTY, FLORIDA
by and through its Board of County
Commissioners
B :
Arthur R. Neu rg , Chairma
approved : Tune 20 , 2006
ATTEST: J . K . Barton , Clerk of Court 10
Deputy Clerk
APPROVED AS TO FORMA J/
LEGA FICIE7CY
t
illiam G . Collins II
1 ,P County Attorney
2
F:\Attorney\Nancy\DOCS\PLAMMODIFICATON K falcon trace 5.doc
Falcon Trace Plat Six 12 ,
MODIFICATION TO
CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS
NO . SD -03 -07-18CFC/PL6 (2001050202 -46473 )
THIS MODIFICATION , made and entered into this 20th day of June ,
2006 , by and between Indian River Associates II , 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 , the final plat for Falcon Trace Plat Six was approved by the
Board of County Commissioners of Indian River County on July 12 , 2005 ; and
WHEREAS , Developer entered into a Contract for Construction of
Required Improvements No . SD-03-07- 18-CFC/PL6 (2001050202-46473 )
guaranteeing the completion of certain required improvements by July 12 , 2006 ;
and
WHEREAS , the plat has not yet been recorded because no security
guaranteeing completion of the improvement is in place ; 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 January 12 , 2007 ; 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 , 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 :
f
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/PL6 (2001050202-46473 ) is extended to January 12 , 2007 .
2. The security (a Bank of America , N .A. Irrevocable Standby Letter of
Credit) will need to be in place by July 12 , 2006 and prior to recordation of the
plat and will require an expiration date of April 12 , 2007.
3. All other terms set out in the Contract for Construction of Required
Improvements No . SD-03-07-18-CFC/PL6 (2001050202-46473) 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 orporation
GENERAL PA TNER
C
N . Men
Vice President
INDIAN RIVER COUNTY, FLORIDA
by and through its Board of County
Commissioners
B cz7 L
Arthur R. Neube Chairm n
approved : aung 20 , 2006
ATTEST : J . K. Barton , Clerk of Court
By: a
Deputy Clerk
APPROVED AS TO FOR
LEGAL)SUFFIC ENCY.
illiam G. Collins II
e`}o' County Attorney
2
F:\Attorney\Nancy\DOCS\PLAN\MODIFICATON K falcon trace 6.doc