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40 <br />County Office of Management and Budget. Upon receipt of the notice to <br />disburse, the Office of Management and Budget shall make the disbursement <br />described therein directly to Developer, at the address specified in the request <br />for disbursement. <br />4. Upon failure to comply with all the requirements of the site plan <br />approval, including but riot limited to unapproved off-site discharge of water, <br />failure to confine hauling to approved hauling routes, operating in violation of the <br />safety/security plan, excavating within required setbacks, mining of additional <br />phases prior to restoration of the previous phase, and activity not consistent with <br />permits issued by other jurisdictional agencies; or if Developer fails to perform all <br />or any part of the obligations of restoration and reclamation, including, but not <br />limited to mine abandonment prior to restoration, restoration not completed <br />within the approved time frame, restoration not consistent with Water <br />Management Standards as contained in Section 934.05 of the Indian River <br />County Code, and restoration activity not consistent with permits issued by other <br />jurisdictional agencies, the County may utilize escrowed funds to achieve <br />compliance or restoration. All funds remaining in the escrow account at the time <br />default is declared by the County shall be available for use by the County. Said <br />funds shall be disbursed to the County upon receipt by the Office of <br />Management and Budget of a certified copy of a resolution of the Board of <br />County Commissioners stating that Developer has failed to comply with Indian <br />River County Code Chapter 934 site plan or restoration conditions of the mining <br />approval, and that said funds are necessary to achieve compliance. All funds <br />disbursed to County in excess of the final amount determined necessary by the <br />County shall be returned to Developer, its legal representatives, successors or <br />assigns, at the completion of site restoration. <br />5. Any interest earned during the term of escrow, less <br />administrative expenses, shall be disbursed to Developer at close of escrow <br />unless necessary for County to utilize in cure of developer's default. <br />6. The funds deposited hereunder exist solely for the protection, <br />use and benefit of the County and shall not be construed or intended in any way, <br />expressly or impliedly, to benefit or secure payment to any contractor, <br />subcontractor, laborer, materialman, architect, engineer, attorney or other party <br />providing labor, material, supplies, or services to Developer while such funds <br />remain subject to this escrow agreement. The County shall not be liable to any <br />of the aforementioned parties for claims against the Developer relating to the <br />approved mining site. <br />7. Alternate security, in the form of performance bonds or letters <br />of credit, may be substituted with the approval of the County Attorney. <br />8. This Agreement is the full and complete understanding of the <br />parties and shall not be construed or amplified by reference to any prior <br />agreement, discussion, or understanding, except as specifically mentioned <br />