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A TRUE COPY <br /> CERTIFICATION ON LAST PAGE <br /> J . K . BARTON , CLERK <br /> work for which payment is sought . If the Community Development Director is <br /> satisfied in all respects with the condition of the site and certifications , the <br /> Community Development Director shall deliver written notice to disburse to the <br /> County Office of Management and Budget . Upon receipt of the notice to <br /> disburse , the Office of Management and Budget shall make the disbursement <br /> described therein directly to Developer , at the address specified in the request for <br /> disbursement . <br /> 4 . Upon failure to comply with all the requirements of the site plan <br /> approval , including but not limited to unapproved off- site discharge of water , <br /> failure to confine hauling to approved hauling routes , operating in violation of the <br /> safety/security plan , excavating within required setbacks , mining of additional <br /> phases prior to restoration of the previous phase , and activity not consistent with <br /> permits issued by other jurisdictional agencies ; or if Developer fails to perform all <br /> or any part of the obligations of restoration and reclamation , including , but not <br /> limited to mine abandonment prior to restoration , restoration not completed within <br /> the approved time frame , restoration not consistent with Chapter 934 of the <br /> Indian River County Code , and restoration activity not consistent with permits <br /> issued by other jurisdictional agencies , the County may utilize escrowed funds to <br /> achieve compliance or restoration . All funds remaining in the escrow account at <br /> the time default is declared by the County shall be available for use by the <br /> County . Said funds shall be disbursed to the County upon receipt by the Office <br /> of Management and Budget of a certified copy of a resolution of the Board of <br /> County Commissioners stating that Developer has failed to comply with Indian <br /> River County Code Chapter 934 site plan or restoration conditions of the mining <br /> approval , and that said funds are necessary to achieve compliance . All funds <br /> disbursed to County in excess of the final amount determined necessary by the <br /> County shall be returned to Developer , its legal representatives , successors or <br /> assigns , at the completion of site restoration . <br /> 5 . Any interest earned during the term of escrow , less <br /> administrative expenses , shall be disbursed to Developer at close of escrow <br /> unless necessary for County to utilize in cure of developer' s default . <br /> 6 . The funds deposited hereunder exist solely for the protection , <br /> use and benefit of the County and shall not be construed or intended in any way , <br /> expressly or impliedly , to benefit or secure payment to any contractor , <br /> subcontractor , laborer , materialman , architect , engineer , attorney or other party <br /> providing labor , material , supplies , or services to Developer while such funds <br /> remain subject to this escrow agreement . The County shall not be liable to any <br /> of the aforementioned parties for claims against the Developer relating to the <br /> approved mining site . <br /> 7 . Alternate security , in the form of performance bonds or letters of <br /> credit , may be substituted with the approval of the County Attorney . <br /> 2 <br />