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and Development Division, and all County development regulations and standards,
<br />including conditions and requirements of any applicable County right-of-way permit, all
<br />of which are hereby incorporated by reference and made a part hereof.
<br />3. In order to guarantee performance of this contract, Developer shall
<br />simultaneously herewith furnish an executed cash deposit and escrow agreement,. in a
<br />form to be approved by the County Attorney, between Developer and the Indian River
<br />County Office of Management and Budget, as the escrow agent, in the amount of
<br />$74,100.69, which amount is not less than one hundred twenty-five percent (125%) of
<br />the estimated total cost of improvements remaining to be constructed, as determined
<br />in accordance with the County's Subdivision and Platting Ordinance. It is understood
<br />that the full amount of the escrow deposit shall remain available to the County and
<br />shall not be reduced during the course of construction. Developer may at any time
<br />substitute guarantees, subject to the approval as to form and amount by the County.
<br />4. Developer agrebs to indemnify, hold harmless, and defend the
<br />County against any and all claims, damages, losses, and expenses, including
<br />attorney's fees, for property damage, personal or bodily injury, or loss of life, arising
<br />from the negligent acts or omissions of the Developer, its officers, employees, agents,
<br />or contractors, subcontractors, laborers, or suppliers, relating to the construction of the
<br />required improvements, in an amount of up to $1,000,000.00, or the limits of any
<br />applicable underlying or excess insurance coverage carried by Developer or to be
<br />obtained during the course of the construction of the subdivision improvements,
<br />including all those improvements to be constructed on existing publicly dedicated or
<br />County -owned property, such as street, sidewalk, bikepath, lighting, signalization,
<br />traffic control, drainage, water, or sewer improvements.
<br />5. The County agrees to approve the plat for recordation in the Public
<br />Records of Indian River County, Florida upon a finding as to compliance with all
<br />applicable provisions of the County's Subdivision and Platting Ordinance and upon
<br />execution hereof. The County shall accept those areas specifically dedicated to the
<br />County for the purposes indicated on the plat at the time of plat recordation. However,
<br />nothing herein shall be construed as creating an obligation upon the County to perform
<br />any act of construction or maintenance within such dedicated areas until such time as
<br />the required improvements are satisfactorily completed.
<br />Developer shall remain responsible for utility meter boxes to be in
<br />good repair and not covered with topsoil, concrete or impervious material for the 1 -year
<br />maintenance period commencing after County issuance of a Certificate of Completion.
<br />Notice of this ongoing responsibility shall be provided by Developer to any subsequent
<br />builder/homeowner.
<br />Satisfactory completion in accordance with the land development
<br />permit, plans, specifications, and ordinance requirements of Indian River County shall
<br />be determined by the County and shall be indicated by specific written approval of the
<br />Public Works Director or his designated representative, after receipt of a signed and
<br />sealed Certificate of Completion from the project engineer of record. Once the
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