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CE [; TlI G A I <br /> J . K . iiAMO <br /> 3 . Acknowledge that, in the. event Developer fails to begin or cause <br /> repair of the defective required improvements within 20 days, or to complete such . <br /> repairs within a reasonable. time 'thereafter, the County shall have the right to make <br /> such needed repairs and Developer shall be liable to the County for the actual cost <br /> expended by the .County for such repairs and . any cost incident to the collection of such <br /> sums , including but not limited to; reasonable ettomey"s fees and costs of litigation , <br /> including any appeals ; and <br /> 4 . Developer hereby gives permission to County, County's contractors <br /> and subcontractors to go on litt prop ei#y for purposes of inspection , repair and <br /> remediation of the roadway and drainage improvements during the warranty period . If <br /> the property is sold by Developer, Developer acknowledges that the granting of this <br /> permission will be preserved and recited in any document transferring title to <br /> Developer's successor andtor :assign& <br /> b . Provide herewith; or has provided heretofore in a manner satisfactory <br /> to the County, security to guaranty Developer's performance of this agreement, being <br /> either a cash escrow deposit; irrevocable letter- of credit presentable in Florida or surety <br /> bond issued by . a company licensed to% do business in. the State of Florida with an A. M. <br /> Best rating of no less than X V.1 in the event :Developer has not undertaken the repairs <br /> contemplated by this Agreement folloWng a :request by' the County, the proceeds of any <br /> such security may be drawn upon by the County to the, final total cost of Developer's <br /> obligations hereunder, not to ex-c6 ed howeveer, the appCeaf le }emits of the security. <br /> 6 : Grant and convey .unto Indian fiver County all its right, title and <br /> interest in and to all public improvernepts, Ong within the areas dedicated to the <br /> County, and Developer hereby warrants to the County that it has free and <br /> unencumbered title theretq , that all pemons or entities which have supplied labor or <br /> materials with respect to such. improvements have been paid in full, that none of them <br /> has any claim whatsoever with .respect thereto, and that Developer shall hereafter <br /> forever warrant and defend the County`s title ,thereto, <br /> IN WITNESS WH EOE , Developer has hereunto set its hand and seal <br /> day of � •e , , 2011. . <br /> ATLAS FL I SPI~, LLC, a North Carolina <br /> Limited liability company <br /> Developer <br /> Signed in the presence of: <br /> By: i <br /> Charlie Mel, Vice President <br /> sign : <br /> print. name: _ <br /> sign : <br /> , Ez <br /> print na TRISH LEY <br /> 2 <br />