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02/19/2013AP
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02/19/2013AP
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Last modified
6/26/2018 12:56:02 PM
Creation date
3/23/2016 8:55:36 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
02/19/2013
Meeting Body
Board of County Commissioners
Book and Page
470
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H:\Indian River\Network Files\SL00000E\S0004MZ.tif
SmeadsoftID
14204
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the site is in compliance in accordance with the most recent set of plans <br /> approved and on file with the County. <br /> Now. 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 Vero 53, at the address specified in the request for <br /> disbursement. <br /> 4. Upon failure to comply with all the requirements of the site plan <br /> approval, including Indian River County Code Section 934.04(7)(b), the County <br /> may utilize escrowed funds to achieve compliance. All funds remaining in the <br /> escrow account at the time default is declared by the County shall be available <br /> for use by the County. Said funds shall be disbursed to the County upon receipt <br /> by the Office of Management and Budget of a certified copy of a resolution of the <br /> Board of County Commissioners stating that Developer has failed to comply with <br /> Indian River County Code Chapter 934 site plan compliance conditions, and that <br /> said funds are necessary to achieve compliance. All funds disbursed to County <br /> in excess of the final amount determined necessary by the County shall be <br /> returned to Vero 53, its legal representatives, successors or assigns, at the time <br /> of site completion. <br /> 5. If escrowed funds are held in excess of 60 days, any interest <br /> earned during the term of escrow, less administrative expenses, shall be <br /> disbursed to Vero 53 at close of escrow unless necessary for County to utilize in <br /> cure of developer's default. <br /> 6. The funds deposited hereunder exist solely for the protection, <br /> use and benefit of the County and shall not be construed or intended in any way, <br /> expressly or impliedly, to benefit or secure payment to any contractor, <br /> subcontractor, laborer, materialman, architect, engineer, attorney or other party <br /> providing labor, material, supplies, or services to Developer or Vero 53 while <br /> such funds remain subject to this escrow agreement. The County shall not be <br /> liable to any of the aforementioned parties for claims against the Developer or <br /> Vero 53 relating to the approved site. <br /> 7. Alternate security, in the form of performance bonds or letters <br /> of credit, may be substituted with the approval of the County Attorney. <br /> 8. This Agreement is the full and complete understanding of the <br /> parties and shall not be construed or amplified by reference to any prior <br /> agreement, discussion, or understanding, except as specifically mentioned <br /> Ift <br /> 2 <br /> 171 <br />
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