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the escrow account at the time default is declared by the County shall be available for use by the County in accordance with the Contract. Said funds shall be disbursed to the County upon receipt by the Office of Managoment and Budget of a certified copy of a resolution of the Board of County Commissioners stating that Developer has defaulted under the Contract and that said funds are neccssa; y to complete the required improvements. All funds disbursed to County in excess of the ® final amount determined necessary by the County to complete the required improvements shall be returned to Developer, its legal representatives, successors or assigns. ® 7. Any interest earned during the term of escrow, less administrative expenses, shall be disbursed to Developers at close of escrow. 8. The funds deposited hereunder exist solely for the protection, use • and benefit of the County and shall not be construed or intended in any way, expressly or impliedly, to benefit or secure payment to any contractor, subcontractor, laborer, materialman, architect, engineer, attorney or other party providing labor, material, supplies, or services for construction of the required improvements, or to benefit any lot purchase, while such funds remain subject to this escrow agreement, unless and until the County shall agree otherwise in writing. The County shall not be liable to any of the aforementioned parties for claims against the Developer or contractor relating to the required subdivision improvements. 9. This Agreement, together with the attached Contract, is the full and complete understanding of the parties and shall not be construed or amplified by reference to any prior agreement, discussion, or understanding, except as specifically mentioned herein. This Agreement shall not be assigned without the express written approval of the County. Any amendment, deletion, modification, extension, or revision hereof or hereto shall be in writing, and executed by authorized representatives of each party. IN WITNESS WHEREOF, the parties hereto have set their hands and seals. The date of this agreement shall be the date of approval by the Board of County Commissioners, as first stated above. Date: %- Gni-'1 - C/ e/ Attest: Jeffrey K. Barton, Clerk WINDSOR PROPERTIES, a Florida general partnership By TORWEST, I C., a Florida corporation, a gen I ner By Robert Toomey, Vice Pr i nt Office of Management and Bud et By: C seph A. Baird, Director BO RD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY. FL nRlnn By: enneth RAvfa6ht, airman APPROVED AS TO FORM AND LEGAL SUFFICIE CY BY WILLIAM G. COLLINS II DEPUTY COUNTY ATTORNEY d