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Jun 07 04 08 : 06a Indian River County 772 - 770 - 5095 p . 12 <br /> S <br /> 2 Developer agrees to construct said improvement <br /> accordance with the land development permit, the most recent s strictly in <br /> specifications for this subdivision approved by the County and a file <br /> of plans and <br /> and Development Division , and all County development regulations and <br /> including conditions and requirements of any applicable Countyn tits Planning <br /> Of which are hereby incorporated by reference and made a art he standards, <br /> right-of-way perrn�, all <br /> P roof, <br /> 3 • In order to guarantee performance of this contract, Developer simultaneously herewith furnish an irrevocable letter <br /> of credit, having an expiration shaill <br /> Of not less than ninety (90) days beyond the date set forth in Paragraph. p tion date <br /> a banking institution authorized to transact such business in this state <br /> 1 , provided by <br /> % <br /> approved by the County, namin ' P n a form to be <br /> S I • g iL 9 Develo Developer as customer and <br /> under4MtIng._.bani�i - the -amou <br /> whic <br /> hundred fifteen percent ( 115% ) of the . estimated total cost amount <br /> fIm trovem less than one <br /> to be constructed, as deteirrnined In accordance with the County's Subdivision a <br /> Platting Ordinance. It is the that the full amount P ems remaining <br /> remain available to the County and shall not be reduced the letter of credit shay <br /> course of <br /> construction unless approved in writing by the County's Public Works Director u suant <br /> to Indian River County Code Section 913. 10. Requested reductions shall n <br /> unreasonably withheld by the County. Developer may at any time substitute <br /> guarantees . subject . to the approval as to form and amount by the County. to <br /> 41. Up to $ 1 , 000 , 000. 00 , or the limits of an <br /> excess insurance coverage carried by Developer or to be obtained during the course of <br /> the construction of the subdivision improvements , Developer agrees to indemnify, hold <br /> harmless, and defend the County against any and all claims , damages , losses , and <br /> expenses , including attorney's fees , for property dams e <br /> loss of life, arising from the ' negligent acts or omissio s of he Developer,,bodilyersonal or i sl oftlee sr <br /> . <br /> employees, agents, or contractors , subcontractors , laborers , or suppliers , relating to the <br /> construction of the required improvements, including 'all those improvements to be <br /> constructed on existing publicly dedicated or County-ownedro e <br /> sidewalk, bikepath , lighting, signalization , traffic control , drainage water or sucassereet <br /> wer <br /> Improvements . <br /> 5 . The County agrees to approve the plat for recordation in the Public <br /> Records of Indian River County, Florida upon a finding as to compliance With all <br /> applicable provisions of the County's Subdivision and Platting Ordinance and upon <br /> execution hereof. The County shall accept those areas specifically dedicated to the <br /> County for the purposes indicated on the plat at the time of plat recordation . However, <br /> nothing herein shall be construed as creating an obligation upon the County to perform <br /> any act of construction or maintenance within such dedicated areas until such time as <br /> the required improvements are satisfactorily completed . . Satisfactory <br /> accordance with the land developmcompletion in <br /> ent permit, plans, specifications, and ordinance <br /> a <br /> FelattomeyMMYM.)pC-SOLAfor con w 1w diamond lakel.doc <br />