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The Reserve At Grand Harbor PD Phase 1, Plat 33 <br />ATRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />SECOND MODIFICATION TO <br />CONTRACT FOR CONSTRUCTION FOR FINAL LIFT OF ASPHALT <br />CONTRACT NO. PD -13 -10 -03 -FLA (2001020101-77703) <br />THIS SECOND MODIFICATION, made and entered into this 13th day of <br />April , 2021, by and between GH VERO BEACH DEVELOPMENT LLC, a <br />Delaware limited liability company, hereinafter referred to as "Developer", and <br />INDIAN RIVER COUNTY, a political subdivision of the State of Florida, by <br />and through its Board of County Commissioners, hereinafter referred to as <br />"County". <br />WITNESSETH: <br />WHEREAS, Developer entered into a Contract for Construction for Final <br />Lift of Asphalt, Contract No. PD -13 -10 -03 -FLA (2001020101-77703),. <br />guaranteeing the installation of the final lift of asphalt the earlier of 2 years from <br />the project's projected date of Certificate of Completion (December 16, 2016) or - <br />60 days prior to turnover to homeowner association or prior to certificate of <br />occupancy for the last residence in this phase of the subdivision; and the <br />Developer posted cash in the amount of $212,131.88 as security to guarantee <br />completion and entered into a Cash Deposit and Escrow Agreement For Final <br />Lift of Asphalt; and <br />WHEREAS, in December, 2018, Developer was granted an additional 2 - <br />year extension to install the final lift of asphalt and entered into a Modification to <br />Contract for Construction for Final Lift of Asphalt, extending the expiration date <br />to December 16, 2020, with the existing cash security continuing to be held to <br />guarantee completion; and <br />WHEREAS, the developer has <br />1. requested an additional 2 -year extension to December 16, 2022 to <br />install the final lift of asphalt, as allowed by code; <br />2. provided an updated certified cost estimate attached as Exhibit "A" <br />which amount has been approved by County engineering and did <br />not change from the 2018 updated cost estimate; and <br />3. paid the required $660.00 extension fee request to County. <br />NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL <br />COVENANTS AND PROMISES HEREIN CONTAINED, the parties agree as <br />follows: <br />