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/06 i CASH DEPOSIT AND ESCROW AGREEMENT � `�` FOR cm? /00 �J COMPLIANCE RE : INEOS NEW PLANET BIOENERGY SP4A-10 -05-07 (AA-11 -11401 ) THIS AGREEMENT is entered into this i day of kdVL 2011 , by and between INEOS NEW PLANET BIOENERGY LLC , a D laware limited liability company authorized to do business in the State of Florida ( Developer) , and INDIAN RIVER COUNTY , a political subdivision of the State of Florida ( County) : WITNESSETH : WHEREAS , as a condition precedent to the approval by the County of removal of excess material incidental to the Developer' s site plan , the Developer is required to post security to insure compliance with the requirements of the permitted site , in accordance with Administrative Approval Site Plan # AA- 11 - 11 - 101 ; and to insure compliance with the ordinances and regulations of Indian River County , specifically Section 934 . 04 (7 ) (b) , Indian River County Code . The Administrative Approval Site Plan is incorporated herein by this reference and made a part hereof for all purposes . NOW , THEREFORE , in consideration of the agreements , promises , and covenants set forth herein , and other good and valuable considerations , the parties hereto agree as follows : 1 . The Developer has tendered to the County Office of Management and Budget ( Escrow Agent) the sum of Fifteen Thousand Fifty and No/100 Dollars ( $ 15 , 050 . 00) , the receipt whereof is hereby acknowledged , which sum shall be held in escrow by said Office , subject to the terms , conditions and covenants of this escrow agreement as assurance that Developer shall perform in all respects the obligations of Indian River County Code Section 934 . 04 ( 7 ) (b) with respect to site plan compliance . 2 . Upon completion , the Developer may obtain a disbursement from the escrow account by making a written request to Indian River County's Community Development Director. The request shall specify the amount of disbursement , and shall be accompanied by a sealed certificate from Developer's engineer that the site is in compliance in accordance with the most ntt Qf plans__aperouer�and -on-file . with., theCounty. ) SPMA40M5 07 (AM1011401 )