HomeMy WebLinkAbout2021-058Cove At Falcon Trace PD Plat 7
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
MODIFICATION TO
CONTRACT FOR CONSTRUCTION FOR FINAL LIFT OF ASPHALT
CONTRACT NO. PD -14 -07 -06 -FLA (2001050202-80548)
THIS MODIFICATION, made and entered into this 7 day of
1 , 2021, by and between D.R. NORTON, INC., a Delaware
corporation, 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. PD -14 -07 -06 -FLA (2001050202-80548)
guaranteeing the installation of the final lift of asphalt the earlier of 2 years from
the project's Certificate of Completion (February 22, 2019) 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 a letter of
credit in the amount of $140,450.00 as security to guarantee completion; and
WHEREAS, the developer has
1. requested an additional 2 -year extension to February 22, 2023 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;
3. paid the required $660.00 extension fee request to County; and
4. provided an acceptable amendment to its existing Wells Fargo
Bank, N.A. Irrevocable Standby Letter of Credit No. IS000073838U
which extends the expiration date to August 22, 2023.
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. PD -14 -07 -06 -FLA
(2001050202-80548) is extended to February 22, 2023.
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
2. The amendment to the Wells Fargo Bank, N.A. Irrevocable
Standby Letter of Credit No. IS000073838U extending the expiration date to
August 22, 2023 is acceptable and shall continue to be held 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. PD -14 -07 -06 -FLA (2001050202-80548) remain in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals on the day and year first above written.
ATTES Jeffrey R. Smith, Clerk
of Court d Comptroller
By:O((ii/
Deputy Clerk
Approved as to form
and I g I iency:
By:
illiam K. DeBraal
Deputy County Attorney
2
D.R. HORTON, INC.
DEVELOPER
By:
printed name:
title: / S >3 f _Sc�✓�'�
INDIAN RIVER COUNTY, FLORIDA
by and through its Board of County
Commissioners
COUNTY
h E. FlesdYfer, Cha
8CC approved: April 13, 2021
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KMA Engineering & Surveying, LLC
2345 141' Avenue, Suite 3
Vero Beach, FL 32960
KMA(772) 569-5505
The Cove at Falcon Trace Phase 1
LDP No. 2001050202-73084
Cost Estimate — 2nd Lift AC
March 26, 2021
111 Second Lift Asphalt
H16800
—..a
SY
v1111 r 1 n.G
$ 6.45
P1111UU1IL
$ 108360.00
Stri in
1
$ 2,000.00
$ 2,000.00
Survey Re -Setting of PCPs
LS
1
$ 2,000.00
$ 2,000.00
Total $ 112,360.00
125% of Total $ 140,450.00
EXHIBIT "A"
IRC ENGIINSEWNG
OWWRI
Accepter
Insufficient
STATE OF FLORIDA
INDIAN RIVER COUNTY
THIS IS TO CERTIFY THAT THIS IS
A TRUE AND CORRECT COPY OF
THE INAL ON FILE IN THIS
OFFICE.
FFR R M CLERK
BY /� �j / D.C.
DATE T�f7'' �1