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NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL <br /> COVENANTS AND PROMISES HEREIN CONTAINED , the parties agree as <br /> follows : <br /> 1 . The amount of $ 12 , 127 . 50 representing the warranty amount for <br /> the repaired curbing for an additional two years , ending October 21 , 2008 is <br /> acceptable . <br /> 2 . From the total amount of $ 135 ,387 . 50 held in escrow by the <br /> County, the amount of $ 123 ,260 .00 can be returned to the Developer, with the <br /> amount of $ 12 , 127 . 50 remaining in escrow through October 21 , 2008 as <br /> warranty for the curbing . <br /> 3 . All other terms set out in the Warranty and Guaranty Agreement, <br /> and Bill of Sale for Required Improvements Contract No . PD-03-07- 17-WGPH1 <br /> (2002120179-38772 ) remain in full force and effect. <br /> IN WITNESS WHEREOF , the parties hereto have set their hands and <br /> seals on the day and year first above written . <br /> IRC DEVELOPMENT, L. L. C . , <br /> a Flon a//li��mited Iia Ity co pony <br /> By7i - <br /> William . Sims , Jr , Manager <br /> INDIAN RIVER COUNTY, FLORIDA <br /> by and through its Board of County <br /> Commissioners <br /> Gary C . heeler, Chairman <br /> BCC approved : 04 / 03 / 07 <br /> ATTEST: J . K. Barton , Clerk of Court <br /> �p sraTEOF0FFLOR— ID-. <br /> BY' �0. INDIAN RIVER COUNTY. <br /> Deputy Clerk THIS IS TO CERTIFY TNAT`mIS IS <br /> A TRUE AND CORRECT COPY OF <br /> APPROVED AS TO FORM AND TOFEALON FILEIN ,TNIS <br /> LEGAL SUFFICIENCY: '!`%14EYK I ^ <br /> n � 'T , CLERK <br /> ( a <br /> BY `'r '' .y � < <br /> William G . Collins II DATE j U <br /> County Attorney <br /> 2 <br /> F:\AttorneySNancy\DOCS\PLAN\modificafion warranty lakes at sandridge ph 1 .doc <br />