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Home My WebLink About2022-259The Reserve At Grand Harbor PD Phase 1, Plat 33 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK THIRD MODIFICATION TO CONTRACT FOR CONSTRUCTION FOR FINAL LIFT OF ASPHALT CONTRACT NO. PD -13 -10 -03 -FLA (2001020101-77703) THIS THIRD MODIFICATION, made and entered into this 20th day of December, 2022, by and between GH VERO BEACH DEVELOPMENT LLC, a Delaware limited liability company, 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 -13 -10 -03 -FLA (2001020101-77703), guaranteeing the installation of the final lift of asphalt the earlier of 2 years from the project's projected date of Certificate of Completion (December 16, 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 $212,131.88 as security to guarantee completion and entered into a Cash Deposit and Escrow Agreement For Final Lift of Asphalt; and WHEREAS, in December, 2018, Developer was granted an additional 2 -year extension to install the final lift of asphalt and entered into a Modification to Contract for Construction for Final Lift of Asphalt, extending the expiration date to December 16, 2020, with the existing cash security continuing to be held to guarantee completion; and WHEREAS, in April, 2021, Developer was granted a Third 2 -year extension to install the final lift of asphalt and entered into a Modification to Contract for Construction for Final Lift of Asphalt, extending the expiration date to December 16, 2022, with the existing cash security continuing to be held to guarantee completion; and WHEREAS, the developer has requested a third 2 -year extension to December 16, 2024 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; and 3. increased the initial cost estimate of $212,131.88 to $317,263.50; and 4. provided a map depicting the location of where the final lift of asphalt is to be laid, attached as Exhibit "B". 5. . paid the required $660.00 extension fee request to County. A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 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 -13 -10 -03 -FLA (2001020101-77703), as modified, is extended to December 16, 2024. 2. The $212,131.88 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". The developer is to post the additional funds in the form of cash. 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 -13 -10 -03 -FLA (2001020101-77703), as modified, 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. GH VERO BEACH DEVELOPMENT LLC DEVELOPER By: printed na e: Authorized Signatory INDIAN RIVER COUNTY, FLORIDA by and through its Board of County'�oninn`."ss�o•. Commissioners ; J`y COUNT' ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Joseph H. arman, Chairman By: Deputy Clerk BCC approved: December 20, 2022'• �, i/* "' ��:• ER COU Approved as to form and legal sufficiency' illiam K. DeBraal Deputy County Attorney 2 A TRUE COPY CERTIFICATION ON LAST PAGE Project: The Reserve At Grand Harbor PD Phase 1, Plat 33 J.R. SMITH, CLERK Final Lift of Asphalt AMENDED CASH DEPOSIT AND ESCROW AGREEMENT THIS AMENDED AGREEMENT is entered into this loth day of December, 2022, by and between GH VERO BEACH DEVELOPMENT LLC, a Delaware limited liability company, (Developer), and INDIAN RIVER COUNTY, a political subdivision of the State of Florida (COUNTY): WITNESSETH: WHEREAS, Developer entered into a Contract for Construction For Final Lift of Asphalt for the project known as The Reserve At Grand Harbor PD Phase 1, Plat 33 and was required to provide security supporting said contract; and WHEREAS, in support of the Contract for Construction For Final Lift of Asphalt, Developer posted $212,131.88 cash and entered into a Cash Deposit and Escrow Agreement to guarantee the installation of the final lift of asphalt, said amount was based on Developer's engineer's certified cost estimate in the amount of 125% of the total estimated cost; and WHEREAS, under the Contract for Construction For Final Lift of Asphalt, Developer agreed to install the final lift of asphalt the earlier of 2 years from the project's projected date of Certificate of Completion; 60 days prior to turnover to homeowner association; or prior to certificate of occupancy for the last residence in the subdivision (or a separately platted phase of the subdivision); and WHEREAS, Developer has requested an additional 2 -year extension to December 16, 2024 to install the final lift of asphalt, as allowed by code; has provided an updated certified cost estimate; has paid the required extension fee request; and has entered into a Modification to Contract for Construction For Final Lift of asphalt; and WHEREAS, there is a shortage of funds required to be posted based on the difference between the original certified cost estimate ($212,131.88) and the updated certified cost estimate ($317,263.50), necessitating the Developer to post additional cash in the amount of $105,131.62. NOW, THEREFORE, in consideration of the agreements, promises, and covenants set forth herein, and other good and valuable considerations, the parties hereto agree as follows: The above recitals are incorporated herein. 2. This Amended Cash Deposit and Escrow Agreement reflects the additional cash deposited into escrow with the County in the amount of $105,131.62. Project: The Reserve At Grand Harbor PD Phase 1, Plat 33 Final Lift of Asphalt A TRUE COPY CERTIFICATION ON LAST PAGE J1 R. SMITH, CLERK 3. All other terms and conditions contained in both the Contract for Construction For Final Lift of Asphalt, as modified, and the Cash Deposit and Escrow Agreement, as amended, remain unchanged. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written. GH VERO BEACH DEVELOPMENT LLC DEVELOP By: printed n e: 17,1-5We.of" Authorized Signatory DEVELOPER ......... IND V R COUNTY, FLORIDA By. Jo H. Ea hairmani =o;• � �oQ . COU NT'�i9ir£R C0010E° BCC Approved: December 20, 2022 OFFICE ,O'F.MANAGEMENT AND BUDGET By: Rayyqt )ez Kristin Daniels, OMB Director APPROVED AS TO FORM AND LEGAL SUFFHIP .IC NC By: Will), iam K, eBraa Deputy County Attorney Attest: Jeffrey R. Smith, Clerk of Circui Court and Comptroller Deputy Clelc 4 Amu aaA„ A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK VMASTELLER A MOLER. INC. M -- CIVIL ENGINEERS -r 121512022 RESERVE AT GRAND HARBOR (PHASE 1) CERTIFIED COST ESTIMATE Description Quantity Unit Unit Price TOTAL Mobilization 1 LS $3,500.00 $3,500.00 1.25" SP 9.5 - 2nd Lift (Grand Harbor Reserve Sq.) 31321 SY $15.00 $49,815.00 Mill Existing Asphalt (1.5") 9,579 SY $4.70 $45,021.30 Overlay w/ 1.5" SP 9.5 Asphalt 9,579 SY $15.50 $148,474.50 Restripe Pavement 1 LS $4,000.00 $4,000.00 Reset PCP's 1 LS $3,000.00 $3,000.00 TOTAL $253,810.80 ISurety Amount 025% $317,263.50 CERTIFICATE OF COST ESTIMATE I, Stephen E. Moler, a Florida registered engineering, License No. 33193, do hereby certify to Indian River County that this cost estimate has been prepared under my responsible direction for those improvements itemized in this exhibit and that the total cost estimate is true and accurate to the best of my knowledge. This estimate has been prepared, in part, to induce approval by the County of a final plat for the Reserve at Grand Harbor Phase 1 project, and for the purpose of establishing proper surety amounts associated therewith. , ,J%%%11 1101 j1 r ft i Dpitaly squad by stap,e" a ►Asp` The item has been digitally DN: raUS, o--Maatsaer and M0* *;• ' •'�* % = t9 y sned and sealed Inc..z No. 33193 .by STEPHEN E. MOLER, PE on the date adjacent VzG'� 661400 21924. c t St phen E 613Tc : _-to the seal. Printed copies of this document are not 181a00021g2�. anStapr,Rn E=lo{ar Date: 202212-0511:16:53.05W * Zconsidered signed and sealed and the signature Stephen E. Moler, P.E. FL #33193 ,STATE OF : must be verified on anyelectroniccopies. Executive Vice PresidentORifl�:•'•�"�� 5T 1655 27th Street, Suite 2 Page 1 of 1 ADM;NCnDMtN�nstn,ctlonVAaiMenante Bond ksYM"ale Vero Beech, Florida 32960 (Pe&man Bond_FimtriAtphatl__Erteroion_22.1205 xbq (772)567.5300 -3.._1i.-M•i_�,s '--s'rt-M-O[ „^► ._;1_'.^_ =f .,�.�`�-'3 CE: -J3_'3:: ^' __ Ea._'a��` 4;FLIi- cAc'f b "7,I CFRTIFICATION tv LAST PAGE r, „8. -' - ---- .:.��UJ til• Q _7_/ _ 1 1 1 r; LJ LL Q Ie_ RRK A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK CHECK # 11735 — DATE 12212022 - INDIAN RIVER COUNTY - $105.131.62 Invoice# Invoice Date PO# Job# Sub# Total Net Amount 22-1216 Dec 16, 2022 30431NF $105,131.62 $105,131.62 DEC 2 8 2022 COUNI , 0-TORNEY'T PI FILE gni DOCUMENT HAS A MULTI -COLORED BACKGROUND. SECURITY FEATURES LISTED ON BACK. �p GH Vero Beach Development, LLC PO Box 7430 Port Saint Lucie, FL 34985 Bank of Amenca One Bryant Park, 32' Flow New York NY 10036 1-32/210 NY *One Hundred Five Thousand, One Hundred Thirty One Dollars and Sixty Two cents' PAY TO THE ORDER OF Dec 21, 2022 INDIAN RIVER COUNTY 1801 27th STREET Pet VERO BEACH, FL 32960 Per 11735 $105,131.62 INDIAN BLVER COUNTY THIS I 0 ERTIFY THAT THIS 18 A TRUE AND CORRECT Copf F HE ORIAINALO ILE IN PUS OFFICE. n �EAREY 11 MITH.SLERK 1 Air WMM 1 axpayer Identittcation Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Soden tleuarity room► backup withholding. For individuals, this is gainsay yore soaal security number (SSM. However, fora � _ m - resident ellen, sole proprietor, or disregarded! entity, see the Instruc.-tbns for Part 1, tater. For outer entities, It is your employer identifications niumber (EIM. H you do not have a number, see How to get a M] 77N, later. or Note: N the account is in more than one name, see the instructions for line 1. Also see What Name and I ExtiplaW kkr* m*m member Number To Give the Requester for guidelines on whose number to enter. (-7-1 Under penalties of perjury, I certify that: 1. The number shown on this form Is rry correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b)1 have riot been notified by the Internal Revenue Service (IRS) that i am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that 1 am no Ionger subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA oode(s) entered on this arm (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above it you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquistdon or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (WW. and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part a, later. Sign S onak" of / [ Here us person ► Date ► 17_14 92 General Instructions Section references are to the Internal Revurwe Code unless otherwise rated. Future deveiopnterda. For the latest "ormation about developments related to Form W-9 and Its Instructions, such as legislation enacted after they were published, go to www.irs.gov1FormtN9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an Information return with the IRS muni clbtain your correct taxpayer Identifk:atbn number MM which may be your social security number (SSM. individual taxpayer identification numb- (min. adoption, taxpayer identification number (AT", or employer identification number (EIM, to report on an infomnabon return the amount paid to you, or other amount reportable on an infomiation return. Examples of Information returns include, but are not limited to, the following. • Form 1099 -INT (interest earned or paid) • Form 1098 -DN (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proms) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student ban interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A {aeon or abandonment of setxneed property) Use Form W-9 ocy if you are a U.S. person Oncluding a resident alien). to provide your correct TIN. N you do not return Form W-9 to the requester with a 77N, you might be subject to backup widzhotalirg. See What is backup withholding, later. Cat. No. 10231X Forum W-9 (Rev. 10-2018) W�9 Request for Taxpayer DATEi J' X tome Fos, (Rev. October 2018) Identification Number and Certification requester. Do not Departmern of the Treasury send to the IRS. Irxernal Revenue Service ► Go to 1www.irs-gov/Foirrr10109 br irkructions And the LatCat inlOrniatiort. 1 Name (as shown on you vrcome tax returN- Name is required on this line; do rat leave this line bL-v*- Icahn Enterprises Holdings LP 2 Business namardisregarded entity name, if ditlerent from above GH Vero Beach Developtmtent LLC M W 4 Exemptions (codes appy city to 3 Check box for federal tax dassificabom of the person whose name is erriered on the 1. Check vine oMy oof the individuals: see Certain entities, not indivuasee C1 o ❑ WOmduWsole proprietor or ❑ C Corporation ❑ S Corporation 0 PaArmlrp ❑ TncsUes2i. instructions on page 3): b wnigle-memba LLC Exempt Payee Code (A any) ' ❑ Limited liability company. Enter the tax classiticahon (C -C corporation, S=S corporation. P=Partnership) ► i; Note: Check the appropriate box in the fine above for the tax dassilficabon of the single -member owner. Do not check f rom FATCA reporting w LLC d the LLC is c asaifhed as a aingb-member LLC that is disregarded fromrw the owner ipss the owner of the LLC is code (don COQ any) LLC the is n riot disregarded from the owner for U.S. tederd tax purposes. Other, � , a smermber LLC is disregarded from the owner should check the appropriate box for the tax ckmsrfication of ifs owner. b ❑ Oily (see i-tructiOns) ► 04AA. tlM:tprnR muA-1 ouI.W M U S) to 5 Address O rnber, stn a and apt. or sate —) See rnslruc6ora PAxpieste s name and address (DPborml) PO Box 7430 6 City, state, and ZIP code Port Saint Lucie, FL 34985 7 List acc«.,t numberts) there I WMM 1 axpayer Identittcation Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Soden tleuarity room► backup withholding. For individuals, this is gainsay yore soaal security number (SSM. However, fora � _ m - resident ellen, sole proprietor, or disregarded! entity, see the Instruc.-tbns for Part 1, tater. For outer entities, It is your employer identifications niumber (EIM. H you do not have a number, see How to get a M] 77N, later. or Note: N the account is in more than one name, see the instructions for line 1. Also see What Name and I ExtiplaW kkr* m*m member Number To Give the Requester for guidelines on whose number to enter. (-7-1 Under penalties of perjury, I certify that: 1. The number shown on this form Is rry correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b)1 have riot been notified by the Internal Revenue Service (IRS) that i am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that 1 am no Ionger subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA oode(s) entered on this arm (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above it you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquistdon or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (WW. and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part a, later. Sign S onak" of / [ Here us person ► Date ► 17_14 92 General Instructions Section references are to the Internal Revurwe Code unless otherwise rated. Future deveiopnterda. For the latest "ormation about developments related to Form W-9 and Its Instructions, such as legislation enacted after they were published, go to www.irs.gov1FormtN9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an Information return with the IRS muni clbtain your correct taxpayer Identifk:atbn number MM which may be your social security number (SSM. individual taxpayer identification numb- (min. adoption, taxpayer identification number (AT", or employer identification number (EIM, to report on an infomnabon return the amount paid to you, or other amount reportable on an infomiation return. Examples of Information returns include, but are not limited to, the following. • Form 1099 -INT (interest earned or paid) • Form 1098 -DN (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proms) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student ban interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A {aeon or abandonment of setxneed property) Use Form W-9 ocy if you are a U.S. person Oncluding a resident alien). to provide your correct TIN. N you do not return Form W-9 to the requester with a 77N, you might be subject to backup widzhotalirg. See What is backup withholding, later. Cat. No. 10231X Forum W-9 (Rev. 10-2018)