HomeMy WebLinkAbout2015-054AProvence Bay
-1o•2015
u itiE COPY S.S,
ER T IFICATION ON LASTPAGE
R SMITH (I ERK
MODIFICATION TO
CONTRACT FOR CONSTRUCTION FOR FINAL LIFT OF ASPHALT
CONTRACT NO. SD -04 -10 -46 -FLA
THIS MODIFICATION, made and entered into this i oth day of march
2015, by and between CENTEX HOMES, a Nevada general 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. SD -04 -10 -46 -FLA) guaranteeing the installation of
the final lift of asphalt the earlier of 2 years from the project's Certificate of
Completion (March 12, 2015) 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 Wells Fargo Bank irrevocable
standby letter of credit in the amount of $60,456.25 (expiring on June 12, 2015)
as security to guarantee completion; and
WHEREAS, the developer has
1. requested an additional two-year extension to March 12, 2017 to
install the final lift of asphalt, as allowed by code;
2. requested a reduction in the amount of security necessary to install
the final lift of asphalt; and
3. provided an updated certified cost estimate attached as Exhibit "A";
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. SD -04 -10 -46 -
FLA) is extended to March 12, 2017.
ILiECOPY
ERTIFICATION ON LAST PAGE
I R SMITH CLERK
2. The $60,456.25 irrevocable letter of credit on deposit for the
guaranty for the final lift of asphalt may be reduced to $51,231.25 which amount
represents 125% of the cost of the final lift of asphalt to be completed as
evidenced by developer's engineer's certified cost estimate as approved by
County engineering, attached as Exhibit "A"; and the letter of credit posted to
guarantee the installation of the final lift of asphalt is to be extended 90 days
beyond the newly extended date (June 12, 2017).
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 shall be paid immediately upon approval of this modification.
4. All other terms set out in the Contract for Construction for Final Lift
of Asphalt (Contract No. SD -04 -10 -46 -FLA) 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
of C• •4nd Comptr
Bv:
Deputy
CENTEX HOMES, a Nevada general
partnership DEVELOPER
By: CENTEX REAL ESTATE
HOLDINGS, L.P., a Delaware
limited partnership, Partner
By: CENTEX REAL ESTATE
CORPORATION a Nevada
Corpor io nerrtner
By.
Hasty
Director — Land I'" opment
(South Florida)
Authority: Signing Power Resolutions
Adopted 9/10/09
INDIAN RIVER COUNTY, FLORIDA
by and through its Board of County .075iioriE/ S
Commissioners ,emo:••• . ..'
•,.ar vy
I=i4.,
By:to
_ ;,
.."-(:4:6./.41.C::
2
Wesley S. Davis, Chairman
BCC approved: 311 0 / 1 5
APPROVED AS TO FORM
AND SUF5#CI
BY
WILLIAM K. DECAAAL
DEPUTY COUNTY ATTORNEY
ENGINEER'S OPINION OF PROBABLE COST
FOR
PROVENCE BAY
FINAL PAVING
DESCRIPTION
QUANIITITY
UNIT PRICES
AMOUNT
FINAL STRIPING
1
LS
$1,500.00
$1,500.00
1" A.C.S.C. TYPE S -III
6,150
SY
$5.90
$36,285.00
SET PCP'S
1
LS
$3,200.00
$3,200.00
SUBTOTAL
$40,985 .00_
FINAL COST @ 125%
$51,231,25
A i E OF FLORIDA
INDIAN RIVER COUNTY
THIS IS TO CERTIFY THAT THIS IS
A TRUE AND CORRECT COPY OF
THE ORIGINAL,,0 - ILE IN T
OFFICE.
6Y // ---:,41.-4
:...
/ D.0
DATE
>Li [:-
6TATE OF !if
• iokic 41
O%.41i,` ***
Mark Smiley, P.E.
Smiley do Associates, Inc. EB#8613
PAGE 1
2/26/2015