HomeMy WebLinkAbout2021-154A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
Magnolia Court at Waterway Village PD - Pods HI, I, J
MODIFICATION TO
CONTRACT FOR CONSTRUCTION FOR FINAL LIFT OF ASPHALT
CONTRACT _I
ONTRACT NO. PD -13 03 -03 -FLA (2004010124-86812)
THIS MODIFICATION, made and entered into this rJ� day of October, 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 inti
Asphalt, Contract No. PD -13 -03 -03 -FL
installation of the final lift of asphalt the ea
Completion (August 30, 2021) or 60 days
prior to certificate of occupancy for the la
and the Developer posted a letter of cred
guarantee completion; and
WHEREAS, the developer has
a Contract for Construction for Final Lift of
(2004010124-86812) guaranteeing the
ier of 2 years from the project's Certificate of
rior to turnover to homeowner association or
t residence in this phase of the subdivision;
in the amount of $96,775.00 as security to
requested an additional 2 -year extension to August 30, 2023 to install the
final lift of asphalt, as allowed 1by 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 $96,775.00 to $139,630.75; and
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
Contract for Construction for Final Lift c
(2004010124-86812) is extended to August
2. The developer's engineer's u
by County engineering, attached as Exhibit
the final lift of asphalt to be completed.
e final lift of asphalt as outlined in the
Asphalt, Contract No. PD -13 -03 -03 -FLA
J, 2023.
ated certified cost estimate as approved
k" represents 125% of the updated cost of
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
I
3. Prior to November 30, 2021, the $96,775.00 Wells Fargo Bank N.A.
Irrevocable Standby Letter of Credit No. IS000096012U is required to be amended (1)
to increase the amount to $139,630.75, (2) to extend its final expiration to November
30, 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 -13 -03 -03 -FLA (2004010124-86812) 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. I
DIVOSTA HOMES, L.P., a Delaware limited
partnership
ByIDIVOSTA HOMES HOLDINGS, LLC, a
Delaware limited liability company, its
General Partner
Developer
13
INDIAN RIVER COUNTY, FLORIDA
by and through its Board of County
Commissioners
ATTEST: Jeffrey R. Smith, Clerk
of Court and Comptroller By:
✓ '(
Deputy Clerk
Approved as to form
and I I iency:
By.
William K. DeBraal -'.W
Deputy County Attorney
2
Flesche—r, Chairma
BCC approved: October 5, 2021
411
in
Approved
C�
Magnolia Court at Waterway Village PD (Pods HJ,J)
FINAL LIFT BOND - OPC
STATE OF FLORIDA
INDIAN RIVER COUNTY
THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT
CO(OffHE ORIGINAL ON FILEAN THIS OFFICE.,,
I I 0 JEFFREY R. SMITH. ARK. / I
D
9/15/2021
TOTAL I 1 $ 111704.60
PROPOSED BOND AMOUNT (125%) $ 139 630.75
Kimley HerhVnd Assoctes; 1pf.
�` � SPR �l`�•`''Sy� ';� 1
Cf
K nap-Husainy, P. :' LL _
FL" R%47S481
NifnAO), * 'rn
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 hereinarebased 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, of actual construction costs will not vary from its opinions of probable casts.
i
DIVIS ON
ACCOPted
�nsuffi1cie —
t
PAVING
DESCRIPTION
QUANTITY
UNIT
UNIT.C)ST
TOTAL
1" ASPHALT (FINAL COURSE) - Pods H, 1)
I 9,070
SY
$
9.78
$
88,704.60
STRIPING
1
LS
$
7,000.00
$
7,000.00
SET PRM'S, PCP's, LOT CORNERS
1
LS
$
10,000.00
$
10,000.00
SIDEWALK AT ROADWAY STUBS
2
EA
$
3,000.00
$
6,000.00
TOTAL
1
$
111,704.60
TOTAL I 1 $ 111704.60
PROPOSED BOND AMOUNT (125%) $ 139 630.75
Kimley HerhVnd Assoctes; 1pf.
�` � SPR �l`�•`''Sy� ';� 1
Cf
K nap-Husainy, P. :' LL _
FL" R%47S481
NifnAO), * 'rn
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 hereinarebased 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, of actual construction costs will not vary from its opinions of probable casts.
i
DIVIS ON
ACCOPted
�nsuffi1cie —
t