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40 • i INDIAN RIVER COUNTY ID:561-770-5095 FED 28'00 10:30 NO.004 P.04 requirements of Indian River County shall be determined by the County and shall be indicated by specific written approval of the Public Works Director or lits designated representative, after receipt of a signed and sealed Certificate of Completion from the project engineer of record. 6, In the event the Developer shall fail or negtoct to ful(ill Its obligations under this contract and as required by the Indian River County Code, the Developer, as principal, and the guarantor or surety ahall be Jointly and severally liable to pay for the cost of construction and Installment of the required Improvements to tho final total cost, including but not limited to englneoring, construction, legal and contingent costs, Including reasonable attorney's fees Incurred by the County, togethor with any damages, either direct or consequential, which the County may sustain as a result of the fallure of Developer to carry out and execute all provlslons of this contract rind applicable ordinances of the County. In no event, however, shall the liability of the guarantor or surety under this paragraph excoad the total amount of the original obligation stated In the guaranty or surety instrument, less any approved reductions thereto. 7. The parties agree that the County at Its option shalt have the right, but not the obligation, to construct and install or, pursuant to receipt of compatttiva bids. cause to be constructed and installed the required Improvements In the event Developer shall fail or refuse to do so In accordance with the terms of this contract. Dovoloper expressly agrees that the County may demand and draw upon the existing guaranty or surety for the final total cost of the Improvements, Govolopar shall remain wholly liable for any resulting deficlancy, should the guaranty or surety be exhausted prior to completion of the required Improvements. In no event shall the County bo obiigatod to oxpond public funds, or any funds other than those ,provided by the Developer, the guarantor, or surely, to construct the required Improvements. 8. Any guaranty or surety provided to the County by Developer with respect to this contract shall exist solely for the use and benefit of the County and shell not be construed or Intended In any way, expressly or irnplledty, to benelit or secure payment to any subcontractor, laborer, materialman or other party providing labor, material, supplies, or sorvlcea for construction of the required improvernents, or to benefit any lot purchaser(s), unless the County shall agree otherwise In writing. 9. i his agreement Is the fult and complete understanding of the parties and shall not be construed or amplified by reference to any other (agreement, discussion, or understanding, whether written or oral, except as specifically mentioned horr,ln. 7hik; LAudl not be aizignad wil'hout dela oxpreees wdituia approval ul the County. Any amendment, deletion, modtficatlon, extension, or revision hbreof Y:.- hereto .hereto shall be In vMtIng, executed by authoftod representatives ui both parties.