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Home My WebLink About2021-168Lakes at Waterway Village PD — Pod U A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK MODIFICATION TO CONTRACT FOR CONSTRUCTION FOR FINAL LIFT OF ASPHALT CONTRACT NO. PD -16 -12 -07 -FLA (2004010124-83766) THIS MODIFICATION, made and entered into this 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 into a Contract for Construction for Final Lift of Asphalt, Contract No. PD -16 -12 -07 -FLA (2004010124-83766) guaranteeing the installation of the final lift of asphalt the earlier of 2 years from the project's Certificate of Completion (November 27, 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 letter of credit in the amount of $41,165.00 as security to guarantee completion; and WHEREAS, the developer has requested an additional 2 -year extension to November 27, 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; 3. increased the initial cost estimate of $41,165.00 to $59,848.95; and 4. 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 -16 -12 -07 -FLA (2004010124-83766) is extended to November 27, 2023. 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. A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 3. Prior to November 27, 2021, the $41,165.00 Wells Fargo Bank N.A. Irrevocable Standby Letter of Credit No. IS000108534U is required to be amended (1) to increase the amount to $59,848.95, (2) to extend its final expiration to February 27, 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 -16 -12 -07 -FLA (2004010124-83766) 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. ATTEST: Jeffrey R. Smith, Clerk 1-2 of Courta d Comptroller By: )Deputy Clerk Approved as to form andlegal ufficie y: By: William K. Det§raal Deputy County Attorney DIVOSTA HOMES, L.P., a Delaware limited partnership By DIVOSTA HOMES HOLDINGS, LLC, a Delaware limited liability company, its General Partner Developer By: Print Name: Title: INDIAN RIVER COUNTY, FLORIDA by and through its Board of County Commissioners •Y",� �pM11MlsS�0 oJ� ,F9J's. By: _ : Q: t 2os h E. Flesc er, Chairman approved: October 19 2021 y`9�Ri 2 Lakes at Waterway Village Plat Pod U STATE OF FLORIDA INDIAN RIVER COUNTY THIS 18 T ERTIFY THAT THIS 18 A TRUE AND CORRECT COPY E ORIGINAL ON FI THIS OFfXE. A, JEFFf*Y R. F, ITH CLERK// i FINAL LIFT BOND - OPC 9/15/2021 TOTALS $ 47,879.16 PROPOSED BOND AMOUNT (125%) $ 59,848.95 ��11111111//, Kimley Horn and Nil(ARR/s P.•'•LICE ''• �/ �� NSF •'•S9 No. 75481 -e- 0(/IS/,Z( IRC ENGINEERING DIVISIDN Accepted insufficient___ Kinan Husgjr `� P.E. yr FL Reg #7548 -C� •. STgT� Kim�� o. N '//,� /ALE \\\` 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. PAVING DESCRIPTION QUANTITY UNIT UNIT COST TOTAL 1" ASPHALT (FINAL COURSE) - Pods-S-� 3,822 SY $ 9.78 $ 37,379.16 SIGNING AND STRIPING 1 LS $ 2,500.00 $ 2,500.00 SET PRM'S, PCP's, LOT CORNERS 1 LS $ 8,000.00 $ 8,000.00 TOTAL 1 $ 47,879.16 TOTALS $ 47,879.16 PROPOSED BOND AMOUNT (125%) $ 59,848.95 ��11111111//, Kimley Horn and Nil(ARR/s P.•'•LICE ''• �/ �� NSF •'•S9 No. 75481 -e- 0(/IS/,Z( IRC ENGINEERING DIVISIDN Accepted insufficient___ Kinan Husgjr `� P.E. yr FL Reg #7548 -C� •. STgT� Kim�� o. N '//,� /ALE \\\` 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.