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ORDINANCE NO. 2017- 006 Section 3. Amendment of Section 312.11 (Performance Security), Section 312.13 (Termination of Use or Removal of Object) and Section 312.14 (Public Protection and Liability) of Chapter 312 (Rights-Of-Way). New language indicated by underline, and deleted language indicated by stri-kethroug-h. Section 312.11 (Performance Security), Section 312.13 (Termination of Use and Removal of Object) and Section 312.14 (Public Protection and Liability) of Chapter 312 (Rights-Of-Way) of the Code of Indian River County, Florida is hereby amended to read as follows: CHAPTER 312. RIGHTS-Of-WAY Section 312.11. Performance Security. A. Security bond shall be posted to secure completion of all construction or installation commenced, pursuant to a permit under this chapter, except for construction of driveways not requiring a roadway modification, for utility placement by utility companies having a valid franchise to operate in Indian River County, for drainage structures serving single family residences located in ditches parallel to the roadway, and pedestrian bikepath facilities. Security bond shall be posted in the amount of one hundred fifteen (115) percent of the estimated costs of the proposed improvements in the right-of-way. The estimate shall be prepared by an engineer registered in the State of Florida to practice professional engineering. Upon completion and approval by the public works director of all required improvements, ninety (90) percent of the posted security will be released by the public works director. A ten (10) percent warranty security will be held for an additional twelve (12) months, following which time, if all improvements are free of defects due to faulty field engineering, workmanship, or materials, this ten (10) percent security will be released by the public works director. B. In lieu of the above security, the permittee may post in an escrow account one hundred fifteen (115) percent of the estimated cost of the improvements in the right-of- way. Partial release may be authorized (up to ninety (90) percent of the posted security) as work is approved. The remaining ten (10) percent will be held for an additional twelve (12) months, following such time, if all improvements are free of defects due to faulty field engineering, workmanship or materials, this ten (10) percent of the security will be released by the county public works director. C. Any user placing or installing any structure or object on County utility poles or other equipment or structures within the riqht-of-way shall ensure that, at least thirty (30) days prior to the commencement of any work on County utility poles or equipment or structures, the user, provide the Public Works Director security, in the form of a letter of 2