HomeMy WebLinkAbout2018-033AU10 Cay At Vero Beach
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
MODIFICATION TO
CONTRACT FOR CONSTRUCTION FOR FINAL LIFT OF ASPHALT
CONTRACT NO. SD -15 -05 -07 -FLA (2006030269-74273)
THIS MODIFICATION, made and entered into this 20t- day of
February, 2018, by and between Diamond Court West FL, LLC, a Virginia
limited liability company authorized to do business in the State of Florida,
hereinafter referred to as "Developer", and INDIAN RIVER COUNTY. a political
subdivision of the State of Florida, by and through its Board of County
Commissioners, hereinafter referred to as *County&.
WITNESSETH:
WHEREAS, Developer entered into a Contract for Construction for Final
Lift of Asphalt; Contract No. SD -15 -05 -07 -FLA (2006030269-74273)
guaranteeing the installation of the final lift of asphalt the earlier of 2 years from
the project's Certificate of Completion (September 13, 2016) or 60 days prior to
turnover to homeowner association or prior to certificate of occupancy for the last
residence in this phase of the subdivision; and the Developer posted cash in the
amount of $58,126.81 as security to guarantee completion and entered into a
Cash Deposit and Escrow Agreement For Final Lift of Asphalt. and
WHEREAS, the developer has
1. requested an additional 1 -year extension to September 13. 2019 to
install the final lift of asphalt. as allowed by code,
2. provided an updated certified cost estimate attached as Exhibit `A`
which amount has been approved by County engineering and did
not change from the initial cost estimate: and
3. paid the required $660.00 extension fee request to County.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL
COVENANTS AND PROMISES HEREIN CONTAINED, the parties agree as
follows:
1. The date for completion of the final lift of asphalt as outlined in the
Contract for Construction for Final Lift of Asphalt, Contract No. SD -15 -05 -07 -FLA
(2006030269-74273) is extended to September 13, 2019_
A TRUE COPY
CERTIFICATION ON LAST PAGE
I.R. SMITH, CLERK
2. The $58,126.81 shall continue to be held in escrow for the guaranty
for the final lift of asphalt and represents 125% of the cost of the final lift of
asphalt to be completed as evidenced by developer's engineer's updated
certified cost estimate as approved by County engineering, attached as Exhibit
"A"
3_ The extension fee in the amount of $660.00 established by
Resolution No. 2005-041 and pursuant to Section 913.10(1)(G) of the Indian
River County Code has been paid.
4. All other terms set out in the Contract for Construction for Final Lift
of Asphalt, Contract No. SD -15 -05 -07 -FLA (2006030269-74273) remain in full
force and effect as well as the Cash Deposit and Escrow Agreement For Final
Lift of Asphalt.
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals on the day and year first above written_
DIAMOND COURT WEST FL, LLC, a
Virginia limited liability company
authorized to do business in the
State of Florid DEVELOPER
By: _
printed name:_ c'3
title: Manager
INDIAN RIVER COUNTY, FLORIDA
by and through its Board of County......co�;�•
Commissioners
ATTEST: Jeffrey R. Smith, Clerk '
ofCourt a d Comptroller By:
• Peter D. O'Bryan. Chai it
.-
y.
B Deputy lerk
BCC app -aver .'�:GF�c ,�! o\oP.�f
APPRGVI^71 f.A TG FORM
AND LEG L 11i,;- I ;nI NC4.
BY '� F
WE LIAM K. DEBRAAL
DEPUTY COUNTY ATTORNEY
N
EXHIBIT "A"
Y 2lrIE
MASTELLER 8 INOLER, PVC.22
M — Cr✓IL Ef --wEERs —
ULY'S CAY AT VERO BEACH
CERTIFIED COST ESTIMATE
FINAL UFT ASPHALT
Description
Uric
I Unk Prim
TOTAL
S value
a value
V SP 9.5 (2nd lift;
6,5w s SY
S8151
545.501.
0 $0.00 5.583 F
545,501.A5
Thermoplastic Stripe► (on 2nd LM)-
1 LS
$1.000.00
51.000.
0 1 SO.001 o
11.4 0 a*
TOTAL
$46
LSureq Amoust (125%) i5a 126 E1
r.
CERTIFICATE Of COST ESTIWTE
I, Sisptter, E. ,ti:FrTtft'�z,Tq*ered enginee,-PV Lraense Na 33193, do hereby cer9[y b t0w Rrow County aw a cost eswmate has been
Prepared u W,*" tWeCbDn for those irrproven-k- s i'rrimed in thm exhibe and truer the total cost estrmte for sad improvements m
558.126,t�i' 1 .hared to setpport the requested tyre extension of one (1) year o" the origma'_ Fnd Lit - AsphaC Bond hr
the Litl(i� at for the purpose of estabish rg proper suety amounts associaled tiemwriln
L •'
No. 33193
Viae FAOR,`?:'
l�
File #1 ng 1655 2'th St -,W, Sarre 2
IF-' URI Vera Beach. FlaMa 32960
(I 329_Firtat ilr ed8-w" 1"202 (7729 567-5300
OF FLORIDA
Am RIVER COUNTY
�IM, It TO CERTIFY THAT THIS IS
'RUE AND CORRECT COPY OF
N) ORIGINAL ON FILE IN THIS
if=&ICE:
EFFR a
CL <
Y AM 0. C.
ATE
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