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1999-319
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1999-319
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Last modified
1/19/2024 2:39:56 PM
Creation date
1/19/2024 2:39:36 PM
Metadata
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Template:
Official Documents
Official Document Type
Contract
Approved Date
12/14/1999
Control Number
1999-319
Entity Name
Knight McGuire & Associates, Inc.
Subject
Contract for Construction of Required Improvements at
Windsor Properties Plat 18 - Planned Development
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AD <br />i <br />specific written approval of the Public Works Director or his designated <br />representative, after receipt of a signed and sealed Certificate of Completion. <br />from the project engineer of record. <br />6. In the event the Developer shall fail or neglect to fulfill its obligations <br />under this contract and as required by the Indian River County Cade, the <br />Developer, as principal, and the funds in escrow deposit shall be liable to pay for <br />the cost of construction and installment of the required improvements to the final <br />total cost, including but not limited to engineering, construction, legal and <br />contingent costs, including reasonable attorney's fees incurred by the County, <br />together with any damages, either direct or consequential, which the County may <br />sustain as a result of the failure of Developer to carry out and execute all <br />provisions of this contract and applicable ordinances of the County. <br />7. The parties agree that the County at its option shall have the right, but <br />not the obligation, to construct and install or, pursuant to receipt of competitive <br />bids, cause to be constructed and installed the required improvements in the <br />event Developer shall fail or refuse to do so in accordance with the terms of this <br />contract. Developer expressly agrees that the County may demand and draw <br />upon the cash deposit for the final total cost of the improvements. Developer <br />shall remain wholly liable for any resulting deficiency, should the cash deposit be <br />exhausted prior to completion of the required improvements. In no event shall <br />the County be obligated to expend public funds, or any fund other than those <br />provided by the Developer to construct the required improvements. <br />8. Any cash deposit provided to the County by Developer with respect to <br />this contract shall exist solely for the use and benefit of the County and shall not <br />be construed or intended in any way, expressly or impliedly, to benefit or secure <br />payment to any subcontractor, laborer, materialman or other party providing <br />labor, material, supplies, or services for construction of the required <br />improvements, or to benefit any lot purchaser(s), unless the County shall agree <br />otherwise in writing. <br />9. This agreement is the full and complete understanding of the parties <br />and shall not be construed or amplified by reference to any other agreement, <br />discussion, or understanding, whether written or oral, except as specifically <br />mentioned herein. This agreement shall not be assigned without the express <br />written approval of the County. Any amendment, deletion, modification, <br />extension, or revision hereof or hereto shall be in writing, executed by authorized <br />representatives of both parties. <br />
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