2003-187.A.1 - Laserfiche WebLink

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Jun 05 03 12 : 55p Indian River County 772 - 770 - 5095 p , 4 construction and installment of the required improvements to the final total cost including but not limited to engineering , construction , legal and contingent including reasonable attorney's fees incurred by the County, together with ' damages , either direct or consequential , which the Count m g costs ,any the failure of Developer to carry out and execute all provisions sof tthis contract la of applicable ordinances of the County. of 7 . The parties agree that the County at its option shall have the right, but not the obligation , to construct and install or, pursuant to receipt of competitive bids ca to be constructed and installed the required improvements in the event Developer suss fail or refuse to do so in accordance with the terms of this contract . Developer h expressly agrees that the County may demand and draw upon p hall final total cost of the improvements . Developer shall remain wholly de rfotposorrathe ny resulting deficiency, should the cash deposit be exhausted prior to completion of the required improvements . In no event shall the County be obligated to expend public funds , or any fund other than those providedby the Developer to construct the required improvements . q ed 8 . Any cash deposit provided to the County by Developer with respect to this contract shall exist solely for the use and benefit of the County and shall not be construed or intended in any way, expressly or impliedly, to benefit or secure payment to any subcontractor, laborer, materialman or other party providing labor, material supplies , or services for construction of the required improvements , or to benefit any lot Purchaser(s) , unless the County shall agree otherwise in writing . ' 9 . This agreement is the full and complete understanding of the parties and shall not be construed or amplified by reference to any other agreement, discussion or understanding , whether written or oral , except as specifically mentioned herein . This agreement shall not be assigned without the express written approval Any amendment , deletion , modification , extension , or revision hereof or hereto hall be in writing , executed by authorized representatives of both parties . IN WiTNESS WHEREOF , the parties hereto have set their hands and seals on to day and year first above written . GHO VE O EACH V, INC . , a Florida WITNESS S : corporati n sign : print name : , By. W dler resident sign : ° print nam M t . (affix corporate seal) 3