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The Reserve At Grand Harbor PD Phase 1, Plat 33 <br />A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />THIRD MODIFICATION TO <br />CONTRACT FOR CONSTRUCTION FOR FINAL LIFT OF ASPHALT <br />CONTRACT NO. PD -13 -10 -03 -FLA (2001020101-77703) <br />THIS THIRD MODIFICATION, made and entered into this 20th day of December, 2022, <br />by and between GH VERO BEACH DEVELOPMENT LLC, a Delaware limited liability <br />company, hereinafter referred to as "Developer", and INDIAN RIVER COUNTY, a political <br />subdivision of the State of Florida, by and through its Board of County Commissioners, <br />hereinafter referred to as "County". <br />WITNESSETH: <br />WHEREAS, Developer entered into a Contract for Construction for Final Lift of Asphalt, <br />Contract No. PD -13 -10 -03 -FLA (2001020101-77703), guaranteeing the installation of the final <br />lift of asphalt the earlier of 2 years from the project's projected date of Certificate of Completion <br />(December 16, 2016) or 60 days prior to turnover to homeowner association or prior to <br />certificate of 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 completion and <br />entered into a Cash Deposit and Escrow Agreement For Final Lift of Asphalt; and <br />WHEREAS, in December, 2018, Developer was granted an additional 2 -year extension <br />to install the final lift of asphalt and entered into a Modification to Contract for Construction for <br />Final Lift of Asphalt, extending the expiration date to December 16, 2020, with the existing cash <br />security continuing to be held to guarantee completion; and <br />WHEREAS, in April, 2021, Developer was granted a Third 2 -year extension to install the final lift <br />of asphalt and entered into a Modification to Contract for Construction for Final Lift of Asphalt, <br />extending the expiration date to December 16, 2022, with the existing cash security continuing <br />to be held to guarantee completion; and <br />WHEREAS, the developer has <br />requested a third 2 -year extension to December 16, 2024 to install the final lift of <br />asphalt, as allowed by code; <br />2. provided an updated certified cost estimate attached as Exhibit "A" which amount <br />has been approved by County engineering and did change from the initial cost <br />estimate; and <br />3. increased the initial cost estimate of $212,131.88 to $317,263.50; and <br />4. provided a map depicting the location of where the final lift of asphalt is to be <br />laid, attached as Exhibit "B". <br />5. . paid the required $660.00 extension fee request to County. <br />