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ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously (4-0) granted final plat approval to Courtside Subdivi- sion and accepted the Warranty Maintenance Agreement and surety in the form of an irrevocable letter of credit for $13,743.82. WARRANTY, MAINTENANCE AGREEMENT, AND BILL OF SALE FOR REQUIRED IMPROVEMENTS WHEREAS, the undersigned Developer has obtained approval by the Board of County Commissioners for the recordation of the final subdivision plat for a project known as Courtside Sub- division, pursuant to the Indian River County Subdivision Ordinance; and WHEREAS, Developer has constructed certain required improvements as defined by, and in accordance with the require- ments of said ordinance, all as described and evidenced in the various drawings and.plans supporting the issuance of the Land Development Permit, together with the as built plans, test results, and certificate of completion of the Developer's engineer and WHEREAS, Developer desires to transfer all its right, title and interest to the County in and to all those improvements constructed within publicly dedicated lands of said project, free and clear of encumbrances, together with the assignment of all existing warranties and Developer's agreement to maintain the improvements, as required by the ordinance, and as stated herein below. W I T N E S S E T H: That for and in consideration of value received, the receipt of which is'hereby acknowledged, Developer, on behalf of itself and all successors and assigns, does hereby: 1. Represent unto Indian River County, a political sub- division of the State of Florida, that the required improvements in said project have been constructed and installed as required by the ordinance, in the manner described above; and 2. Agree that, should the required improvements fail or. otherwise become defective during a period of one year from the date of acceptance of said required improvements, due to defective materials or workmanship, the Developer shall upon each occasion, be responsible in all respects for such failure or defect. Developer shall immediately, upon 20 days written notice by the County, correct such failure or defect at Developer's sole cost and expense and bring them into compliance with the requirements of the applicable ordinance(s); and 3. In the event Developer fails to begin repair of the defective required improvements within the 20 days as specified above, or to complete such repairs within a reasonable time thereafter, the County shall have the right to make such needed repairs and Developer shall be liable to the County for the actual cost expended by the County for such repairs and any cost incident to the collection of such sums, including but not limited to, reasonable attorney's fees and costs of litigation, including any appeals; and 11 BOOK 6� P'; MAR 6 1985