HomeMy WebLinkAbout2021-072B Lakes At Waterway Village PD—Pods M, N,0, P A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
MODIFICATION TO
CONTRACT FOR CONSTRUCTION FOR FINAL LIFT OF ASPHALT
CONTRACT NO. PD-17-09-06-FLA (2004010124-84522)
THIS MODIFICATION, made and entered into this 26th day of
May , 2021, by and between DIVOSTA HOMES, L.P., a Delaware
limited partnership, 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-17-09-06-FLA (2004010124-84522)
guaranteeing the installation of the final lift of asphalt the earlier of 2 years from
the project's Certificate of Completion (June 18, 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 $156,752.50 as security to guarantee completion; and
WHEREAS, the developer has
1. requested an additional 2-year extension to June 18, 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
change from the initial cost estimate of $156,752.50 to
$262,385.00; 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. PD-17-09-06-FLA
(2004010124-84522) is extended to June 18, 2023.
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A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R.SMITH,CLERK
2. The developer's engineer's updated certified cost estimate as
approved by County engineering, attached as Exhibit "A" represents 125% of the
updated cost of the final lift of asphalt to be completed.
3. Prior to June 18, 2021, the $156,752.50 Wells Fargo Bank, N.A.
Irrevocable Standby Letter of Credit No. IS0000867477U is required to be
amended (1) to increase the amount to $262,385.00, (2) to extend its final
expiration to September 18, 2023, and (3) to reference the Contract for
Construction for Final Lift of Asphalt as being modified, otherwise this
Modification is null and void.
4. 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.
5. All other terms set out in the Contract for Construction for Final Lift
of Asphalt, Contract No. PD-17-09-06-FLA (2004010124-84522) 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.
DIVOSTA HOMES, L.P., a Delaware
limited partnership
By DIVOSTA HOMES HOLDINGS,
LLC, a Delaware limited liability
company, its General Partner
401
By: rA1
INDIAN RIVER COUNTY, FLORIDA 6‘1fv:conr
by and through its Board of County' c.)..- s
Commissioners � A
ATTEST: Jeffrey R. Smith, Clerk / --
of Court a d Comptroller
)�� /Q +os-ph E. Flescher, Chairman � 9cr
. 'rh!.
By: �'i""' ��17TY.,,.•
Deputy Cler BCC approved: May 4, 2021
Approved as to form
and legal sufficiency:
By:
an Reingold
County Attorney
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Lakes at Waterway Village Plat Pod M,N,O,P
FINAL LIFT BOND-OPC 4/26/2021
PAVING
DESCRIPTION QUANTITY UNIT UNIT COST TOTAL
1"ASPHALT(FINAL COURSE)-Pods M,N,O,P 18,600 SY $ 9.78 $ 181,908.00
SIGNING AND STRIPING 1 LS $ 8,000.00 $ 8,000.00
SET PRM'S,PCP'S,LOT CORNERS 1 LS $ 20,000.00 $ 20,000.00
TOTAL $ 209,908.00
TOTALS $ 209,908.00
PROPOSED BOND AMOUNT(125%) $ 262,385.00
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ti ' STATE OF FLORIDA
C. •., INDIAN RIVER COUNTY
* : / i THIS IS TO CERTIFY THAT THIS IS
7t- A TRUE AND CORRECT COPY OF
� i-U ' THE ORIGINAL ON FILE IN THIS
lF1* Husainy;P•'E: O� 4'�� OFFICE.
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KiiiiJeyHorn DATE i A1 i ,er
The Engineer has no control over the cost of labor,materials,equipment,or over the Contractor's methods of determining prices or over competitive
bidding or market conditions.Opinions of probable costs provided herein are based on the information known to Engineer at this time and represent only
the Engineer's judgment as a design professional familiar with the construction industry.The Engineer cannot and does not guarantee that proposals,bids,
or actual construction costs will not vary from its opinions of probable costs.
IRC ENGWEEFRNS
Ac ed -i z Z!
I nguffiCi'enf
EXHIBIT "A"