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a <br />C-1 <br />AD <br />in connection with the approval of said plat. A copy of the plat shall be recorded in the <br />Public Records of Indian River County, Florida upon the final approval of the Board of <br />County Commissioners and made a part hereof for all purposes. <br />2. Developer agrees to install the live oaks strictly in accordance with <br />the 'iandscape plans, the most recent set of plans and specifications for this subdivision <br />approved by the County and on file in the Planning and Development Division, and all <br />County development regulations and standards, all of which are hereby incorporated by <br />reference and made a part hereof. <br />3. In order to guarantee performance of this contract, Developer shall <br />simultaneously herewith furnish an irrevocable letter U credit, having an expiration date <br />of not less than sixty (60) months beyond the date set forth in Paragraph 1, provided by <br />a banking institution authorized to transact such business in this state,in a form to be <br />approved by the County, naming Developer as customer and <br />SunTrust Hank , as the underwriting hank, in the amount of <br />g. 250© which amount is not less than one hundred fifteen percent <br />(115%) of the estimated total cost of landscaping to be installed in accordance with the <br />County's Subdivision and Flatting Ordinance. It is understood that the full amount of <br />the letter of credit shall remain available to the County and shall not be reduced during <br />the course of installation or the warranty period without an express written modification <br />thereof executed by all parties. Developer may at any time substitute cash guarantees, <br />subject to the approval as to amount by the County. <br />4. Up to $1,000,000.00, or the limits of any applicable underlying or <br />excess insurance coverage carried by Developer or to be obtained during the course of <br />the installation of the subdivision improvements, Developer agrees to indemnify, hold <br />harmless, and defend the County against any and all claims, damages, losses, and <br />expenses, including attorney's fees, for property damage, personal or bodily injury, or <br />loss of life, arising from the negligent acts or omissions of the Developer, its officers, <br />employees, agents, or contractors, suocontractors, laborers, or suppliers, relating to the <br />installation of the live oaks. <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 ail <br />applicable provisions of the County's Subdivision and flatting Ordinance and upon <br />execution hereof. <br />6. In the event the Developer shall fail or neglect to fulfill its <br />obligations under this contract and as required by the Indian River County Code, the <br />Developer, as principal, and the letter(s) of credit shall be jointly and severally liable to <br />pay for the cost of installment of the live oaks to the final total cost, including but not <br />limited to arborists, construction, legal and contingent costs, including reasonable <br />attorney's fees incurred by the County, together with any damages, either direct or <br />consequential, which the County may sustain as a result of the failure of Developer to <br />