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Lakes At Waterway Village PD — Pods M, N, O, P <br />MODIFICATION TO <br />CONTRACT FOR CONSTRUCTION FOR FINAL LIFT OF ASPHALT <br />CONTRACT NO. PD -17 -09 -06 -FLA (2004010124-84522) <br />THIS MODIFICATION, made and entered into this day of <br />2021, by and between DIVOSTA HOMES, L.P., a Delaware <br />limited partnership, hereinafter referred to as "Developer', and INDIAN RIVER <br />COUNTY, a political subdivision of the State of Florida, by and through its Board <br />of County Commissioners, hereinafter referred to as "County". <br />WITNESSETH: <br />WHEREAS, Developer entered into a Contract for Construction for Final <br />Lift of Asphalt, Contract No. PD -17 -09 -06 -FLA (2004010124-84522) <br />guaranteeing the installation of the final lift of asphalt the earlier of 2 years from <br />the project's Certificate of Completion (June 18, 2019) or 60 days prior to <br />turnover to homeowner association or prior to certificate of occupancy for the last <br />residence in this phase of the subdivision; and the Developer posted a letter of <br />credit in the amount of $156,752.50 as security to guarantee completion; and <br />WHEREAS, the developer has <br />requested an additional 2 -year extension to June 18, 2023 to install <br />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 />change from the initial cost estimate of $156,752.50 to <br />$262,385.00; 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 />1. The date for completion of the final lift of asphalt as outlined in the <br />Contract for Construction for Final Lift of Asphalt, Contract No. PD -17 -09 -06 -FLA <br />(2004010124-84522) is extended to June 18, 2023. <br />177 <br />