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right-of-way restored to its original condition by the <br />party responsbile for the unpermitted condition. <br />C. Failure to properly restore the right-of-way within <br />ten days of written notice will result in the County <br />conducting this work and charging the cost thereof to <br />the res-ponsible p -arty - Fa -i lure to pay-th_i-ssQst wi I I <br />result in the placement of an appropriate lien on the <br />responsible party's real or personal property. <br />Section 310.11 Performance Securit <br />A. Secur i ty bond sha I I be posted to secure comp) et i on of <br />all construction or installation commenced, pursuant to <br />a permit under this ordinance, except for construction <br />f do i veways not-rega ir-i ng -a roadway-modtf i ca t i on, for <br />utility placement by utility companies having a valid <br />franchise to operate in Indian River County, for <br />drainage structures serving single family residences <br />located in ditches parallel to the roadway, and <br />pedestrian bikepath facilities. Security bond shall be <br />posted in the amount of one hundred fifteen (115%) <br />percent of the estimated costs of the <br />proposed improvements in the right-of-way. The <br />estimateall ee p�c_by an engineer registered in <br />the State of Florida to practice professional <br />engineering. Upon completion and approval by the <br />Public Works Director of all required improvements, <br />ninety (90%) percent of the, posted security will be <br />released by the Public Works Director. A ten (10%) <br />percent warranty security will be held for an <br />additional twelve (12) months, following .which time, if <br />all i-mprovement-s are free of defects due to fauLty <br />field engineering, workmanship, or materials, this ten <br />(10%) percent security will be released by the Public <br />Works Director. <br />B. In lieu of the above security, the permittee may post <br />in an escrow account one hundred fifteen (115%) percent <br />of the estimated cost of the improvements in the <br />right-of-way. Partial release may be authorized (up to <br />ninety (90%) percent of the posted security) as work is <br />pprovied. Tire-Tema-ming-terr-( Ior percent-wi-I I be -heir <br />for an additional twelve (12) months, following such <br />time, if all improvements are free of defects due to <br />faulty field engineering, workmanship or materials, <br />this ten (10%) percent of the security will be released <br />by the County Public Works Director. <br />Section 310.12 Permit Expiration <br />All construction authorized by a right -of -way permit <br />shall begin within 90 days of issuance unless otherwise <br />authorized by the Director of Public Works. <br />Section 310.13 Termination of Use or Removal of Object <br />Notwithstanding any section of this chapter to the <br />contrary, the C,ounty may terminate any certain use allowable <br />or under-permit_or-r-equ_ire_t-he_owner_or nermLttee- t9 -remove <br />any object allowable or under permit, if it is determined <br />that it is in the public interest to have such use <br />terminated or object removed. Such objects shall be removed <br />as soon as practicable with a time limit to be established <br />by the Director of Public Works. Failure to comply will <br />result in the permittee being subject to penalties as <br />described in Section 310,15. <br />Sec -tion -310.14 Pub-I-ic FrD-tee-t+on-and-Liab-N-ity <br />1. Whenever any of the public rights-of-way are used <br />14 <br />SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:28:16 - OffcialDocuments:642, Attachment Id 0, Page 14 <br />