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agreement as assurance that Developer shall perform in all respects the <br />obligations of Indian River County Code Chapter 934 with respect to site plan <br />compliance. <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 />2 <br />