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A TRUE COPY <br /> C',ERTIFICATION ON LAST PAGE <br /> J.P. SMITH, CLERK <br /> 2. Upon completion of the restoration of each mine phase, the <br /> Developer or Funder may obtain a disbursement from the escrow account by <br /> making a written request to Indian River County's Community Development <br /> Director. The request shall specify the amount of disbursement, and shall be <br /> accompanied by a sealed certificate from Developer's engineer that the mine is <br /> in compliance and has been restored in accordance with the most recent set of <br /> plans approved and on file with the County. <br /> 3. Within seven (7) working days after receipt of a disbursement <br /> request, the Community Development Director shall cause an inspection of the <br /> work for which payment is sought, If the Community Development Director is <br /> satisfied in all respects with the condition of the site and certifications, the <br /> Community Development Director shall deliver written notice to disburse to the <br /> County Office of Management and Budget. Upon receipt of the notice to <br /> disburse, the Office of Management and Budget shall make the disbursement <br /> described therein directly to Funder (the party that posted the funds), or its legal <br /> representatives, heirs, successors or assigns, absent bankruptcy, court order, or <br /> an assignment. <br /> 4. Upon failure to comply with all the requirements of the site plan <br /> approval, including but not limited to unapproved off-site discharge of water, <br /> failure to confine hauling to approved hauling routes, operating in violation of the <br /> safety/security plan, excavating within required setbacks, mining of additional <br /> phases prior to restoration of the previous phase, and activity not consistent with <br /> permits issued by other jurisdictional agencies; or if Developer fails to perform all <br /> or any part of the obligations of restoration and reclamation, including, but not <br /> limited to mine abandonment prior to restoration, restoration not completed <br /> within the approved time frame, restoration not consistent with Chapter 934 of <br /> the Indian River County Code, and restoration activity not consistent with permits <br /> issued by other jurisdictional agencies, the County may utilize escrowed funds to <br /> achieve compliance or restoration• All funds remaining in the escrow account at <br /> the time default is declared by the County shall be available for use by the <br /> County. Said funds shall be disbursed to the County upon receipt by the Office <br /> of Management and Budget of a certified copy of a resolution of the Board of <br /> County Commissioners stating that Developer has failed to comply with Indian <br /> River County Code Chapter 934 site plan or restoration conditions of the mining <br /> approval, and that said funds are necessary to achieve compliance. All funds <br /> disbursed to County in excess of the final amount determined necessary by the <br /> County shall be returned to Funder (the party that posted the funds), or its legal <br /> representatives, heirs, successors or assigns, absent bankruptcy, court order, or <br /> an assignment, at the completion of site restoration <br /> 5. Any interest earned during the term of escrow, less <br /> administrative expenses, shall be disbursed at close of escrow unless necessary <br /> for County to utilize in cure of developer's default. <br /> 2 <br />