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40 including attorney's fees, for property damage, personal or
<br />bodily injury, or loss of life, arising from the negligent acts
<br />or omissions of the Developer, its officers, employees, agents,
<br />or contractors, subcontractors, laborers, or suppliers, relating
<br />40 to the construction of the required improvements, including all
<br />those improvements to be constructed on existing publicly
<br />dedicated or County -owned property, such as street, sidewalk,
<br />bikepath, lighting, signalization, traffic control, drainage,
<br />water, or sewer improvements.
<br />5. The County agrees to approve the plat for recordation
<br />in the Public Records of Indian River County, Florida upon a
<br />• • finding as to compliance with all applicable provisions of the
<br />County's Subdivision and Platting Ordinance and upc.1 execution
<br />hereof. The County shall accept those areas specifically
<br />dedicated to the County for the purposes indicated on the plat at
<br />such time as the improvements are satisfactorily completed.
<br />Satisfactory completion in accordance with the land development
<br />permit, plans, specifications, and ordinance requirements of
<br />Indian River County shall be determined by the County and shall
<br />be indicated by specific written approval of t",,e Public Works
<br />Director or his designated representative.
<br />C. In the event the Developer shall fail or neglect to
<br />fulfill its obligations under this contract and as required by
<br />the Developer, as principal, and the guarantee or surety up to
<br />the escrow amount, shall be jointly and severally liable to pay
<br />for the cost of construction and installment of the required
<br />improvements to the final total cost, including but not limited
<br />to engineering, construction, legal and contingent costs,
<br />including reasonable attorney's fees incurred by the County,
<br />together with any damages, either direct or consequential, which
<br />the County may sustain as a result of the failure of Developer to
<br />carry out and execute all provisions of this contract and
<br />applicable ordinances of the County.
<br />7. The parties agree that the County at its option shall
<br />have the right to construct and install or, pursuant to -receipt
<br />of competitive bids, cause to be constructed and installed the
<br />required improvements in the event Developer shall fail or refuse
<br />to do so in accordance with the terms of the contract. Developer
<br />expressly agrees that the County may demand and draw upon said
<br />surety for the final total cost thereof, to the limits of the
<br />surety. Developer shall remain wholly liable for any resulting
<br />deficiency, should the surety be exhausted prior to completion of
<br />the required improvements.
<br />S. Any guarantee or surety provided to the County by
<br />Developer with respect to this contract shall exist solely for
<br />the use and benefit of the County and shall not be construed or
<br />intended in any way, expressly or impliedly, to benefit or secure
<br />payment to any subcontractor, laborer, materialman or other party
<br />providing labor, material, supplies or services for construction
<br />of the required improvements, or to benefit any lot purchaser(s),
<br />unless the County shall agree otherwise in writing.
<br />9. This agreement is the full and complete understanding
<br />of the parties and shall not be construed or amplified by
<br />reference to any other agreement, discussion, or understanding,
<br />whether written or oral, except as specifically mentioned herein.
<br />This agreement shall not be assigned without the express written
<br />approval of the County. Any amendment, deletion, modification,
<br />extension, or revision hereof or hereto shall be in writing,
<br />executed by authorized representatives of both parties.
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