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RECOMMENDATION: Staff recommends that the Board of County Commissioners grant final plat approval to Winter Grove Subdivision, and accept the submitted warranty maintenance agreement and escrow letter. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bowman, the Board unanimously (4-0) granted Final Plat Approval to Winter Grove Subdivision as recommended by staff and accepted the Warranty, Maintenance Agreement and Escrow Letter. 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 Wintergrove Properties Subdivision , pursuant to the Indian River County Subdi- vision 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 subdivision of the State of Florida, that the required improve- ments 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 occassion, be responsible in all respects for such failure or defect. Devel- oper 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 7 MAY 11985 BOOK 0 FACE 723