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a Community Development Director shall deliver written notice to disburse to the County Office of Management and Budget . Upon receipt of the notice to disburse , the Office of Management and Budget shall make the disbursement described therein directly to Developer , at the address specified in the request for disbursement . 4 . Upon failure to comply with all the requirements of the site plan approval , including but not limited to unapproved off- site discharge of water , failure to confine hauling to approved hauling routes , operating in violation of the safety/security plan , excavating within required setbacks , mining of additional phases prior to restoration of the previous phase , and activity not consistent with permits issued by other jurisdictional agencies ; or if Developer fails to perform all or any part of the obligations of restoration and reclamation , including , but not limited to mine abandonment prior to restoration , restoration not completed within the approved time frame , restoration not consistent with Chapter 934 of the Indian River County Code , and restoration activity not consistent with permits issued by other jurisdictional agencies , the County may utilize escrowed funds to achieve compliance or restoration . All funds remaining in the escrow account at the time default is declared by the County shall be available for use by the County . Said funds shall be disbursed to the County upon receipt by the Office of Management and Budget of a certified copy of a resolution of the Board of County Commissioners stating that Developer has failed to comply with Indian River County Code Chapter 934 site plan or restoration conditions of the mining approval , and that said funds are necessary to achieve compliance . All funds disbursed to County in excess of the final amount determined necessary by the County shall be returned to Developer , its legal representatives , successors or assigns , at the completion of site restoration . 5 . Any interest earned during the term of escrow , less administrative expenses , shall be disbursed to Developer at close of escrow unless necessary for County to utilize in cure of developer' s default . 6 . The funds deposited hereunder exist solely for the protection , use and benefit of the County and shall not be construed or intended in any way , expressly or impliedly , to benefit or secure payment to any contractor, subcontractor , laborer , materialman , architect , engineer , attorney or other party providing labor , material , supplies , or services to Developer while such funds remain subject to this escrow agreement . The County shall not be liable to any of the aforementioned parties for claims against the Developer relating to the approved mining site . 7 . Alternate security , in the form of performance bonds or letters of credit , may be substituted with the approval of the County Attorney . 8 . This Agreement is the full and complete understanding of the parties and shall not be construed or amplified by reference to any prior agreement , discussion , or understanding , except as specifically mentioned herein . This Agreement shall not be assigned without the express written 2