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i <br /> prerequisite nonrefundable extension fee of $445 . 00 is paid , and the County <br /> receives either. $26 , 647 . 50 cash (in the form of a certified check) or an <br /> acceptable amendment to Marine Bank & Trust Company Irrevocable Letter of <br /> Credit No . 2010-46 in the amount of $26 , 647 . 50 extending the expiration date to <br /> October 11 , 2014 (which date is 90 days beyond the newly extended completion <br /> date) , If cash is posted as an alternative to a letter of credit amendment, <br /> Successor Developer will , simultaneously with the posting of the cash , execute a <br /> Cash Deposit and Escrow Agreement outlining the terms and conditions of the <br /> funds to be held in escrow. <br /> 2 * if the prerequisite extension fee is not paid and/or acceptable <br /> security is not in place as outlined in the paragraph 1 above , this Second <br /> Modification will be null and void , and County staff is authorized to call the <br /> existing letter of credit prior to its expiration date . <br /> 3 . All other terms set out in the Substitute Contract for Construction of <br /> Required Sidewalk Improvements No . SD-05-08-39-CFCSUBSIDE <br /> (2003080256-53385) , as modified , 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 /> •°•°�ONImissi °•",4 <br /> �•�;�• • • ' 0610#e HIERS PROPERTIES, L. L.C . , a Florida <br /> • o : ': limited liability company <br /> ° <br /> a ° <br /> i y • <br /> n T • • e <br /> � - ATE OFFLORIDA o SUCCESSOR DEVELOPER <br /> INDIAN RIVER COUNTY :•�� <br /> THIS IS TO CERTIFY THAT THIS 18 / • ' • . • s By@ e1� <br /> A TRUE AND CORRECT COPY OF 9NRN <br /> THE ORIGINAL ON FILE IN THIS fR CCS ,°+ Bobby iers , Managing Member <br /> ""•"" "" " „" °•°p° <br /> OFFICE . <br /> JE FREY R , " , CLERK <br /> CLERK <br /> iY D.C. <br /> DATE II adoINDIAN RIVER COUNTY, FLORIDA <br /> pM141lS�j0 <br /> �_. . t by and through its Board of County <br /> 4 : `* tp Commissioners <br /> cj <br /> R ' a <br /> s <br /> v <br /> •s ti . Q s• By Gc�� <br /> Ga . Wheeler' Chairman <br /> ,49`LRNF4 <br /> CO * 0 94 <br /> BCC approved : October 91 2012 <br /> ATTEST : Jeffrey R . Smith , Clerk of <br /> Circuit Court and Comptroller <br /> APPROVE® FORM <br /> By : { �,N® LE/q ooe �LBFFIC CY <br /> DeputyNEWEENEW,Clerk BY <br /> LAN S. PO L CH <br /> NTY ATTORNEY <br /> 2 <br />