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2022-259
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2022-259
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Last modified
1/5/2023 1:27:47 PM
Creation date
1/5/2023 1:25:36 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
12/20/2022
Control Number
2022-259
Agenda Item Number
8.G.
Entity Name
GH Vero Beach Development LLC
Subject
Third Modification to Contract for Construction of Final Lift of Asphalt
Contract No. PD-13-10-03-FLA (2001020101-7703)
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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />Project: The Reserve At Grand Harbor PD Phase 1, Plat 33 J.R. SMITH, CLERK <br />Final Lift of Asphalt <br />AMENDED <br />CASH DEPOSIT AND ESCROW AGREEMENT <br />THIS AMENDED AGREEMENT is entered into this loth day of December, <br />2022, by and between GH VERO BEACH DEVELOPMENT LLC, a Delaware limited <br />liability company, (Developer), and INDIAN RIVER COUNTY, a political subdivision of <br />the State of Florida (COUNTY): <br />WITNESSETH: <br />WHEREAS, Developer entered into a Contract for Construction For Final Lift of <br />Asphalt for the project known as The Reserve At Grand Harbor PD Phase 1, Plat 33 <br />and was required to provide security supporting said contract; and <br />WHEREAS, in support of the Contract for Construction For Final Lift of Asphalt, <br />Developer posted $212,131.88 cash and entered into a Cash Deposit and Escrow <br />Agreement to guarantee the installation of the final lift of asphalt, said amount was <br />based on Developer's engineer's certified cost estimate in the amount of 125% of the <br />total estimated cost; and <br />WHEREAS, under the Contract for Construction For Final Lift of Asphalt, <br />Developer agreed to install the final lift of asphalt the earlier of 2 years from the <br />project's projected date of Certificate of Completion; 60 days prior to turnover to <br />homeowner association; or prior to certificate of occupancy for the last residence in the <br />subdivision (or a separately platted phase of the subdivision); and <br />WHEREAS, Developer has requested an additional 2 -year extension to <br />December 16, 2024 to install the final lift of asphalt, as allowed by code; has provided <br />an updated certified cost estimate; has paid the required extension fee request; and <br />has entered into a Modification to Contract for Construction For Final Lift of asphalt; and <br />WHEREAS, there is a shortage of funds required to be posted based on the <br />difference between the original certified cost estimate ($212,131.88) and the updated <br />certified cost estimate ($317,263.50), necessitating the Developer to post additional <br />cash in the amount of $105,131.62. <br />NOW, THEREFORE, in consideration of the agreements, promises, and <br />covenants set forth herein, and other good and valuable considerations, the parties <br />hereto agree as follows: <br />The above recitals are incorporated herein. <br />2. This Amended Cash Deposit and Escrow Agreement reflects the <br />additional cash deposited into escrow with the County in the amount of $105,131.62. <br />
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