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2. The $20,296.75 shall continue to be held in escrow for the guaranty <br />for the final lift of asphalt and represents 125% of the cost of the final lift of <br />asphalt to be completed as evidenced by developer's engineer's updated <br />certified cost estimate as approved by County engineering, attached as Exhibit <br />3. The extension fee in the amount of $660.00 established by <br />Resolution No. 2005-041 and pursuant to Section 913.10(1)(G) of the Indian <br />River County Code has been paid. <br />4. All other terms set out in the Contract for Construction for Final Lift <br />of Asphalt, Contract No. SD -04 -07 -31 -FLA (95080082-72145) remain in full force <br />and effect as well as the Cash Deposit and Escrow Agreement For Final Lift of <br />Asphalt. <br />IN WITNESS WHEREOF, the parties hereto have set their hands and <br />seals on the day and year first above written. <br />GHO BERKLEY SQUARE CORP., a <br />Florida corporation DEVELOPER <br />William Handler, President <br />INDIAN RIVER COUNTY, FLORIDA <br />by and through its Board of County <br />Commissioners <br />ATTEST: Jeffrey R. Smith, Clerk <br />of Court and Comptroller By: <br />Peter D. O'Bryan, Chairman <br />Deputy Clerk BCC approved: <br />APPROVED AS TO FORM <br />AN JS FI <br />CI N Y <br />BY <br />WILLIAM K. DE13RAAL <br />OF-EPUTY COU14TYATTORNEY <br />2 <br />51 <br />