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earmarked/obligated for Phase 3, subject to the terms, conditions and covenants <br />of this escrow agreement as assurance that Developer shall perform in all <br />respects the obligations of Indian River County Code Chapter 934 with respect to <br />site plan compliance and site restoration. <br />2. Upon completion of the restoration of each mine phase, the <br />Developer may obtain a disbursement from the escrow account by making a <br />written request to Indian River County's Community Development Director. The <br />request shall specify the amount of disbursement, and shall be accompanied by <br />a sealed certificate from Developer's engineer that the mine is in compliance and <br />has been restored in accordance with the most recent set of plans approved and <br />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 Development or its legal representatives, heirs, <br />successors or assigns, absent bankruptcy, court order, or 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 the restoration <br />plan and Chapter 934 of the Indian River County Code, and restoration activity <br />not consistent with permits issued by other jurisdictional agencies, the County <br />may utilize escrowed funds to achieve compliance and/or restoration. All funds <br />remaining in the escrow account at the time default is declared by the County <br />shall be available for use by the County. Said funds shall be disbursed to the <br />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 />failed to comply with Indian River County Code Chapter 934 site plan or <br />restoration conditions of the mining approval, and that said funds are necessary <br />to achieve compliance and/or restoration. All funds disbursed to County in <br />excess of the final amount determined necessary by the County shall be <br />returned to Developer, its legal representatives, heirs, successors or assigns, <br />absent bankruptcy, court order, or an assignment, at the completion of site <br />restoration. <br />40 <br />