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2005-050
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Certificate of Completion <br /> Legend Lakes , RD , Phase II <br /> CASH DEPOSIT AND ESCROW AGREEMENT <br /> THIS AGREEMENT is entered into this 8th day of February , <br /> 2005 , by and between SMIGIEL PARTNERS XII LTD. , a Florida limited <br /> partnership ( Developer) , and INDIAN RIVER COUNTY, a political subdivision of <br /> the State of Florida (COUNTY) : <br /> WITNESSETH : <br /> WHEREAS , Developer is effecting development of land within Indian River <br /> County and is required to provide surety supporting a contract with the County for <br /> the construction of certain required sidewalk improvements related thereto , <br /> NOW , THEREFORE , in consideration of the agreements , promises , and <br /> covenants set forth herein , and other good and valuable considerations , the <br /> parties hereto agree as follows : . . I <br /> - <br /> 1 . The Developer has tendered to the County Office of Management <br /> and Budget ( Escrow Agent) the sum of Seventy-Five Thousand Five Hundred <br /> Severity-Three and 401100 Dollars ($75, 573.40) , the receipt whereof is hereby <br /> acknowledged , which sum shall be held in escrow by said Office , subject to the <br /> terms , conditions and covenants of this escrow agreement as assurance that <br /> Developer shall perform in all respects the obligations set forth in the <br /> aforementioned Contract for Construction of Required Sidewalk Improvements <br /> No . PD-01 -01 -03-SIDE (2000080224-38437) , which agreement is attached <br /> hereto and incorporated herein by reference (Contract) . <br /> 2 . Upon completion , the Developer may obtain a disbursement from <br /> the escrow account by making a written request to the Board of County <br /> Commissioners of Indian River County through the County's Public Works <br /> Director, The request shall specify the amount of disbursement desired and shall <br /> be accompanied by a sealed certificate from Developer's engineer describing the <br /> work completed , the actual cost thereof, and that the work for which <br /> disbursement is requested has been completed in accordance with County <br /> policies for sidewalk construction as those policies relate to location , method , and <br /> type of construction . <br /> 3 . Disbursement shall occur only after issuance of a Certificate of <br /> Completion for sidewalks in accordance with the Indian River County Code . <br /> 4 . Within seven (7 ) working days after receipt of a disbursement <br /> request, the Public Works Director shall cause an inspection of the work for <br /> , which payment is sought. If the Public Works Director is satisfied in all respects <br /> 1 <br />
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