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2. Upon completion, the Developer may obtain a disbursement from the <br />escrow account by making a written request to the Board of County Commissioners <br />of Indian River County through the County's Public Works Director. The request <br />shall specify the amount of disbursement desired and shall be accompanied by a <br />sealed certificate from Developer's engineer describing the work completed, the <br />actual cost thereof, and that the work for which disbursement is requested has been <br />completed in accordance with County policies for construction as those policies <br />relate to location, method, and type of construction. <br />3. Within seven (7) working days after receipt of a disbursement request, <br />the Public Works Director shall cause an inspection of the work for which payment is <br />sought. If the Public Works Director is satisfied in all respects with the work, the <br />accompanying cost estimates and certifications, the Public Works Director shall <br />deliver a written notice to disburse to the County Office of Management and Budget. <br />Upon receipt of the notice to disburse, the Office of Management and Budget shall <br />make the disbursement described therein directly to the party that posted the funds, <br />or its legal representatives, successors or assigns, absent bankruptcy, court order, <br />dissolution or an assignment. <br />4. Upon default by Developer under the Contract, the County may elect <br />to pursue any of the remedies made available therein. All funds remaining in the <br />escrow account at the time default is declared by the County shall be available for <br />use by the County in accordance with the Contract. Said funds shall be disbursed to <br />the County upon receipt by the Office of Management and Budget of a certified copy <br />of a resolution of the Board of County Commissioners stating that Developer has <br />defaulted under the Contract and that said funds are necessary to complete the <br />work. All funds disbursed to County in excess of the final amount determined <br />necessary by the County to complete the improvements shall be returned at the end <br />of the guaranty period to the party that posted the funds, or its legal representatives, <br />successors or assigns, absent bankruptcy, court order, dissolution or an <br />assignment. <br />5. Any interest earned during the term of escrow, less administrative <br />expenses, shall be disbursed to Developers at close of escrow. <br />6. The funds deposited hereunder exist solely for the protection, use and <br />benefit of the County and shall not be construed or intended in any way, expressly <br />or impliedly, to benefit or secure payment to any contractor, subcontractor, laborer, <br />materialman, architect, engineer, attorney or other party providing labor, material, <br />supplies, or services for construction of the work, while such funds remain subject to <br />this escrow agreement, unless and until the County shall agree otherwise in writing. <br />The County shall not be liable to any of the aforementioned parties for claims <br />against the Developer or contractor relating to the work. <br />7. This Agreement, together with the attached Contract, is the full and <br />complete understanding of the parties and shall not be construed or amplified by <br />145 <br />