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2. The $58,126.81 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 />"A» <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 -15 -05 -07 -FLA (2006030269-74273) remain in full <br />force and effect as well as the Cash Deposit and Escrow Agreement For Final <br />Lift of Asphalt. <br />IN WITNESS WHEREOF, the parties hereto have set their hands and <br />seals on the day and year first above written. <br />DIAMOND COURT WEST FL, LLC, a <br />Virginia limited liability company <br />authorized to do business in the <br />State of Florida DEVELOPER <br />printed name:_ <br />title: Manager <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 />APPRC'VE 0, ,`^ TO FOR! <br />AND LEq4kL S d f:11f:1V1 I NC <br />BY <br />WILLIAM K. DEBRAAL <br />DEPUTY COUNTY ATTORNEY <br />2 <br />57 <br />