2006-157 - Laserfiche WebLink

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5. County agrees that DiVosta may pour house slabs on lots within Waterway Village prior to the delivery of form board surveys to the building department provided that DiVosta has delivered to the County: a. an escrow in the amount of $100,000.00 pursuant to an escrow agreement, a copy of which is attached hereto and made a part hereof marked Exhibit `A", assuring the County that in the event a house slab is poured that does not comply with the County's minimum finished floor elevation or minimum setback requirements and DiVosta fails to remove the slab in accordance with paragraph three (3) above that funds are available to the County to remove the non -complying slab. In the event the County draws on the escrow in accordance with this Agreement and the escrow agreement, DiVosta shall have ten (10) business days after receiving written notice from the County of the amount drawn to replenish the escrow by the amount drawn. In the event DiVosta fails to timely replenish the escrow by the amount drawn, the County may terminate this Agreement by providing written notice to DiVosta. b. Submit to the County Building Official, prior to scheduling the form board inspection for each lot, a letter executed by the project surveyor, certifying that the form boards meet the minimum setback requirements and minimum finished floor elevation requirements, and that the poured slab meets the minimum setback requirements and minimum finished floor elevation requirements. The form of this certification is attached hereto as Exhibit B. 6. The provisions of this Agreement may not be amended, supplemented, waived or changed orally, but by writing signed by all parties to this Agreement. All of the terms and provisions of this Agreement are binding upon, inure to the benefit of, and are enforceable by the parties and their respective successors and assigns. 8. All notices, requests, consents and other communications required or permitted to be given under this Agreement shall be in writing (including telefax or telecopy) and shall be sent by certified mail, postage prepaid, return receipt requested, hand delivered, delivered by a recognized national overnight courier service, or sent by electronic communication (whether by telefax, telecopy) addressed as follows: To the County: James "Buddy" Akins, C.B.O. Building Official Indian River County 1840 25th Street Vero Beach, Florida 32960-3365 Tel: 772-226-1268 Fax: 772-770-5333 2