12/21/1983 - Laserfiche WebLink

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M M 4. The County agrees to approve the plat for recordation in the Public Records of Indian River County, Florida upon 'a finding as to compliance with all applicable provisions of the County's Subdivision and Platting Ordinance and upon execution hereof. The County shall accept those areas specifically dedicated to the County for the purposes indicated on the plat at such time -as the improvements are satisfactorily completed. Satisfactory completion in accordance with the land development permit, plans, specifications, and ordinance requirements of Indian River County shall be determined by the County and shall be indicated by specific written approval of the Public Works Director or his designated represenative. 5. , In the event the Developer shall fail or neglect to ' fulfill its obligations under this contract and as required by the Code of Laws and Ordinances of Indian River County, Florida, the Developer, as principal, and the guarantee or surety shall be jointly and severally liable to pay for the cost of construction and installment of the required improvements to the final total cost, including but not limited to engineering, construction, legal and contingent costs, including reasonable attorney's fees incurred by the County, together with any damages, either direct or consequential, which the County may sustain as a result of the failure of Developer_to carry out and execute all provisions of this contract and applicable ordinances of the County. 6. The parties agree that the County at its option shall have the right to construct and install or, pursuant to receipt of competitive bids, cause to be constructed and installed the required improvements in the event Developer shall fail or refuse to do so in accordance with the terms of this contract. Developer expressly agrees that the County may demand and draw upon said surety for the final total cost thereof, to the limits of the surety. Developer shall remain wholly liable for any resulting deficiency, should the surety be exhausted prior to completion of the required improvements. -7. Any guarantee or surety provided tothe County by Developer with respect to this contract shall exist solely for the 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 subcontractor, laborer, materialman or other party providing labor, material, supplies, or services for construction of the required improvements, or to benefit any lot.purchaser(s), unless the County shall agree otherwise in writing. 8. Agreement is the full and complete understanding of the parties and shall not be construed or amplified by reference to any other agreement, discussion, or understanding# whether written or oral, except as specifically mentioned herein. This agreement shall not be assigned without the express written approval of the County. Any amendment, deletion, modification, extension, or revision hereof or hereto shall be in writing, executed by authorized representatives of both parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and vear first above writ}pr,_ Ford Concepts, Inr_ Developer Attest., - Secretary Tltle) President Title APPROVED AS TO FORM AND LEGA I By= CountyAttorney DEC 211983 (affix corporate seal) INDIAN RIVER COUNTYr FLORIDA By • RICHARD N. BIRD] Chairman Board of County Commissioners Attest: FREDA WRIGHT,_ BOOK 56 rAcE17a 9 II