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2004-071
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2004-071
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Last modified
8/26/2016 1:36:54 PM
Creation date
9/30/2015 7:25:46 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
04/06/2004
Control Number
2004-071
Agenda Item Number
7.H.
Entity Name
JDC Florida, Inc.
Subject
Contract Required Improvements Riverwind Subdivision Phase 1
cash deposit and escrow agreement
Area
Riverwind Subdivision
Archived Roll/Disk#
3210
Supplemental fields
SmeadsoftID
3700
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are satisfactorily completed . Satisfactory completion in accordance with the land <br /> development permit , plans , specifications , and ordinance requirements of Indian River <br /> County shall be determined by the County and shall be indicated by specific written <br /> approval of the Public Works Director or his 'designated representative , after receipt of a <br /> signed and sealed Certificate of Completion from the project engineer of record . <br /> 6 . In the event the Developer shall fail or neglect to fulfill its obligations under this <br /> contract and as required by the Indian River County Code , <br /> and the guarantor or surety shall be jointly and severally liable ov pay for the cost olf <br /> construction and installment of the required improvements to the final total cost, including <br /> but not limited to engineering , construction , <br /> legal and contingent costs , including <br /> reasonable attorney's fees incurred by the County, together with any damages , either <br /> direct or consequential , which the County may sustain as a result of the failure of <br /> Developer to carry out and execute all provisions of this contract and applicable <br /> ordinances of the County. In no event, however, shall the liability of the guarantor or <br /> surety under this paragraph exceed the total amount of the original obligation stated in <br /> the guaranty or surety instrument, less any approved reductions thereto . <br /> 7 . The parties agree that the County at its option shall have the right , but not the <br /> obligation , to construct and install or, pursuant to receipt of competitive bids , cause to be <br /> constructed and installed the required improvements in the event Developer shall fail or <br /> refuse to do so in accordance with the terms of this contract. Developer expressly agrees <br /> that the County may demand and draw upon the existing guaranty or surety for the final <br /> total cost of the improvements . Developer shall remain wholly liable for any resulting <br /> deficiency, should the guaranty or surety be exhausted prior to completion of the required <br /> improvements . In no event shall the County be obligated to expend public funds , or any <br /> funds other than those provided by the Developer, the guarantor, or surety, to construct <br /> the required improvements . <br /> 8 . Any guaranty or surety provided to the County by Developer with respect to this <br /> contract shall exist solely for the use and benefit of the County and shall not be construed <br /> or intended in any way, expressly or impliedly, to benefit or secure payment to any <br /> subcontractor, laborer, materialman or other party providing labor, material , supplies , or <br /> services for construction of the required improvements , or to benefit any lot <br /> purchaser(s ) , unless the County shall agree otherwise in writing . <br /> 9 . This agreement is the full and complete understanding of the parties and shall <br /> not be construed or amplified by reference to any other agreement, discussion , or <br /> understanding , whether written or oral , except as specifically mentioned herein . This <br /> agreement shall not be assigned without the express written approval of the County. Any <br /> amendment , deletion , modification , extension , or revision . hereof or hereto shall be in <br /> writing , executed by authorized representatives of both parties . <br /> 3 <br />
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