f
<br /> and Development. Division, and all County development: regulations and standards,
<br /> including conditions and requirements of any applicable County right-of-way permit; all
<br /> of which are hereby incorporated, by reference and made.a part hereof.
<br /> 3. In order to guarantee performance of this contract, Developer shall
<br /> simultaneously herewith furnish an executed cash deposit and escrow agreement; in a
<br /> form to be approved by the County, between. Developer and the Indian River County
<br /> Office of Management and Budget, .as the escrow agent, 'in the amount of $71,905.88,
<br /> which amount is not less than one hundred twenty-five percent (125%) of the estimated
<br /> total cost of:improvements remaining to be constructed, as determined in accordance
<br /> with the County's Subdivision and Platting Ordinance. It is understood that the full
<br /> amount of the escrow deposit shall remain available to the County and shall not be
<br /> reduced during the course. of construction. Developer may at any time substitute
<br /> guarantees, subject to the approval as to form and amount by the County.
<br /> 4. Up to $1,000,000.00, 'or the limits of any applicable underlying or
<br /> excess insurance coverage carried by Developer or to be obtained during the course of
<br /> the construction of the subdivision improvements, Developer agrees to indemnify, hold
<br /> harmless, and defend the County against any and all claims, damages, losses, and
<br /> expenses, including attorney's fees, for property damage, personal or bodily injury, or
<br /> loss of life, arising from the negligent acts or omissions of the Developer, its officers,
<br /> employees, agents, or contractors, subcontractors, laborers, or suppliers, relating to the
<br /> construction of the required improvements.
<br /> 5. The Countya to
<br /> agrees g approve the plat for recordationin the Public
<br /> Records of Indian River County, Florida upon a finding as to compliance with all
<br /> applicable provisions of the County's Subdivision and Platting Ordinance and upon
<br /> execution hereof. The County shall accept those areas specifically dedicated to the
<br /> County for the purposes indicated on. the plat at the time of plat recordation: However, i
<br /> nothing herein .shall:be construed as creating an obligation upon the County.to perform
<br /> any act of construction or maintenance within such dedicated, areas until such time .as
<br /> the "required improvements are satisfactorily completed.
<br /> Developer shall remain responsible .for utility meter boxes, sewer clean
<br /> outs, and drainageculvert inverts, to be in good repair, accessible, correctly plumbed,
<br /> and not .covered with topsoil, concrete or impervious material for the 1-year
<br /> maintenance period .commencing after County issuance of a Certificate of Completion.
<br /> Notice of this ongoing responsibility shall: be provided by Developer to any subsequent
<br /> builder/homeowner.
<br /> i
<br /> Satisfactory:completion 'in accordance with the land development permit,
<br /> Plans, specifications, and ordinance requirements of 'Indian River County shall be
<br /> determined by the County and shall be indicated by specific .written approval of the
<br /> Public Works Director or his designated representative, after receipt of a signed and i
<br /> sealed Certificate of Completion from the project engineer of record. Once the required
<br /> improvements are completed to the satisfaction of County, Developer acknowledges
<br /> that Developer is responsible for posting a 1-year warranty for road and drainage
<br /> 2 29
<br />
|